Disclaimer: This article provides general information about Oregon law and is not legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
After a vehicle accident, maintaining continuity of care strengthens your injury claim. Courts and insurers in Oregon rely on consistent medical records to link your injuries directly to the collision. Under Oregon law, a passenger can recover damages even if the driver shares fault. ORS 31.710 states that a passenger injured by a negligent driver may seek compensation regardless of comparative negligence.
Follow these key steps to preserve your claim:
- Immediate Medical Evaluation: Visit an emergency department or urgent care facility right after the accident—even if you feel fine. Early documentation captures acute injuries and prevents insurers from arguing that symptoms arose later.
- Consistent Treatment Plan: Adhere strictly to the treatment recommended by your health care providers—chiropractor, physical therapist, orthopedist or primary doctor. Skipping appointments or deviating from therapy can create gaps in your medical timeline.
- Comprehensive Documentation: Keep a detailed log of all medical visits, prescriptions, therapy sessions and diagnostic tests. Include dates, provider names, treatment types and any out-of-pocket expenses. Request copies of your medical records promptly after each appointment.
- Follow-Up Appointments: Schedule and attend follow-up visits at regular intervals, even if your provider says you’re improving. This ongoing care trail shows diligence in recovering and corroborates injury severity.
- Communications with Insurers: Notify the at-fault driver’s auto insurer about your treatment status and anticipated care durations. Provide them copies of medical billing statements and records as you receive them.
- Monitor Symptoms: Track your pain levels, physical limitations and emotional impacts in a journal. This personal account supplements clinical notes and helps illustrate your recovery progress.
- Preserve Evidence: Retain accident photos, police reports and witness contact information. These documents reinforce the connection between the collision and your injuries.
By documenting each step of your medical journey, you create a clear, chronological care record. Insurers and courts value that continuity when evaluating causation and damages. Consistency minimizes disputes over whether your injuries stem from the crash.
Helpful Hints
- Schedule an initial medical exam within 24–48 hours of the accident, regardless of pain.
- Set calendar reminders for every therapy session and follow-up visit.
- Use a dedicated folder or digital app to organize all medical and accident-related documents.
- Ask each health care provider for detailed treatment notes you can share with insurers.
- Keep copies of all correspondence with insurance adjusters, including emails and letters.
- Consult a personal injury attorney if the insurer challenges your treatment record or denies payment.