A recent federal study found that car accidents cost the U.S. $340 billion a year, including medical expenses, legal costs, lost productivity, and the cost of emergency services, insurance administration, property damage, and workplace losses. This is equivalent to $1,035 for each of the 328 million people living in the United States.
If you have sustained a serious injury in an automobile collision caused by another motorist, you may need to pursue a personal injury case to seek compensation for your medical bills and other losses. It is important for you to understand your rights and avoid common missteps that can derail a personal injury claim.
Turn to Rizk Law in Portland, Oregon, for trusted guidance about seeking justice after a crash caused by another driver. Firm founder Richard Rizk is an experienced personal injury attorney. He understands the tactics insurance companies use to fight injury claims because he previously worked as an insurance defense attorney for some of the country’s largest insurers. Today, he fights for injured people like you. Contact Rizk Law for experienced legal representation today.
Mistakes That Can Hurt Your Auto Accident Claim
With Rizk Law guiding you through the personal injury claims process, you can avoid certain common mistakes as we pursue your car accident claim:
Failing to Call the Police
Anytime anyone has been injured in a car accident, someone should contact the police. When police investigate a car crash, they produce an accident report detailing who was involved and what happened. The police report may state the investigator’s first impression of who was at fault for the accident and any charges filed. The police accident report is the first official documentation of the accident and the starting point for most car accident claims.
Leaving the Scene of the Accident
Oregon law requires you to stop at the accident scene or as close as possible without blocking traffic after being involved in a car accident. You must remain at the scene until the police officers have arrived and obtained the information they need. You are to help anyone who has been injured, if you can, by rendering aid or by calling for an ambulance. Oregon law also requires drivers in an accident to provide to anyone else involved in the accident who requests it:
- Their name and address, the name and address of the owner of the vehicle they’re driving, and the name and address of any other occupants of the vehicle,
- Vehicle registration number,
- Name of the insurance carrier covering the motor vehicle, the insurance policy number, and the phone number of the insurance carrier,
- Your driver’s license number.
Failing to Report the Accident to the DMV
Oregon law requires drivers to submit an Oregon Traffic Accident and Insurance Report to Oregon’s Driver and Motor Vehicles division (DMV) within 72 hours of being in a motor vehicle crash that causes death, injury, or $2,500 worth of property damage. If you are not able to file the report within 72 hours of the accident, submit it as soon as possible. Submit the completed form by email to OregonDMVAccidents@odot.oregon.gov. If you do not file a report when required, Oregon law requires DMV to suspend your driver’s license. Keep a copy of the report. DMV will not give you one.
Failing to Collect Evidence
You should gather evidence from the accident scene if you are able. Use your phone to take photos that show the position of the vehicles after the collision, debris on the ground, skid marks, and injuries. Get names and contact information from all witnesses, including your passengers. If a police officer filed a report, obtain a copy. In Portland, contact the Portland Police Records Division. Save all records and receipts related to your accident, medical care, car repair, and accident claim.
Admitting Fault
You should never assume that a car accident was your fault or blame yourself. There may be other contributing factors. When talking to police, an insurance adjuster, or others, stick to the facts. Oregon law follows a modified comparative negligence rule. Under this standard, you may recover compensation if you are partially at fault for your injuries, but the amount you receive will be reduced according to how much blame a jury decides you bear.
Not Seeking Medical Attention
If you do not leave the accident scene in an ambulance, you should seek medical treatment from a doctor within 24 hours. Some serious injuries, such as traumatic brain injury, may not produce obvious symptoms except to a trained medical professional. Immediate medical attention can get you the necessary care and provide documentation of your injuries. Your attorney will need to present medical records and doctors’ statements to persuade insurers or a jury of the extent of your injuries, as well as of your pain and suffering.
Not Following Medical Advice
Once you are under a doctor’s care for car accident injuries, you should follow all of their instructions, including making all appointments, getting procedures, completing rehab, and avoiding activities that could make your injuries worse. If you do not follow medical advice, insurance company lawyers will use it as evidence that you are not injured as badly as you claim. If you disagree with a doctor’s advice, we can help you seek a second opinion. Don’t ever just ignore your doctor.
Talking to the Other Driver’s Insurance Company
Insurance company representatives will use anything they can to minimize claims payments. Be careful when speaking to any insurance company adjuster. If asked to give a recorded statement, decline to do so. Do not sign anything without consulting a personal injury lawyer first. Do not downplay or exaggerate the extent of your injuries. If you have engaged a personal injury attorney to handle your car accident claim, refer any inquiry from any insurance company to your attorney.
Settling Too Quickly
Sometimes an insurance company will offer a quick settlement after an accident. This is especially likely if you have been badly hurt and there’s no dispute over fault. The settlement offer may look like a large payment, but it will be based on previous payouts for injuries like yours and what the insurer is willing to pay. It will not reflect your actual costs and losses. In fact, if you have not completed all medical care, your total costs and losses cannot be known. But once you accept a settlement check, your claim is closed, and you will not be eligible to ask for more later, if you have additional medical expenses. The best way to determine whether a settlement offer is appropriate is to work with a knowledgeable personal injury attorney who will make a full accounting of your costs and losses and the damages available to you under Oregon law.
Not Hiring an Attorney
A knowledgeable personal injury lawyer will protect your rights, advocate for your interests, and prevent an insurance company from taking advantage of you. Having a lawyer acting on your behalf allows you to focus on your recovery. Most personal injury claims end in negotiated settlements. An attorney’s experience in negotiations almost always produces a better outcome than you can negotiate on your own. If your claim leads to a personal injury lawsuit, your attorney will be able to navigate the legal system effectively and develop a persuasive case that increases your chances of a favorable outcome.
The Role of a Personal Injury Attorney on Car Accident Claims
Do not try to negotiate on your own with insurers offering low-ball settlements after you have gone through a serious car accident. Instead, turn to Rizk Law for experienced advocacy in Portland, Oregon. Let us help you demand full and fair compensation.
As your attorneys, Rizk Law will:
- Investigate the accident scene, interview witnesses, and obtain the police accident report to understand the crash.
- Review additional accident evidence, including surveillance/traffic camera or dashcam footage, driver cell phone records, and car computer logs to identify those parties at fault for the accident and their insurance coverage.
- Obtain your medical records and doctors’ statements to document your injuries and any ongoing or anticipated medical needs.
- Calculate all of your costs and losses due to current and projected medical expenses, loss of work or earning capacity, property damage, pain and suffering, emotional trauma, and reduced quality of life.
- Submit demands for damages to responsible insurers along with an outline of our case against their policyholder.
- Aggressively negotiate a settlement for maximum compensation to you, and be prepared to file a personal injury lawsuit and present your case in court if the insurance refuses to agree to a fair settlement.
If a negligent driver has injured you in Portland, OR, you’ll need experienced representation to pursue the compensation you deserve for your losses. A Portland car accident lawyer with Rizk Law Firm can demand full compensation for you. Founding attorney Richard Rizk knows how to motivate insurers to pay car accident claims, and he has a track record that proves it.
Contact Rizk Law for A Free Consultation
Don’t wait for an insurance company to do right by you after a car accident injury. Contact Rizk Law today for a free legal consultation. Let us discuss how a Portland car accident attorney can work to recover fair compensation for you and help you avoid the mistakes that undermine valid injury claims. Phone (503) 342-0914 or fill out our contact form now.
