Detailed Answer
If you suffer medical expenses after an auto accident in Oregon, you need the at-fault driver’s liability insurer to accept responsibility promptly. Oregon follows a fault-based insurance system. Insurers must investigate claims once they receive proper notice and evidence. Here are the essential steps:
- Give timely written notice. Under Oregon Revised Statutes § 742.506, you must notify the at-fault driver’s insurer of your claim “as soon as practicable.” Provide the date, time, location of the accident, and a description of the injuries.
ORS 742.506 – Notice of loss - Submit medical documentation. Send copies of medical bills, records, and provider summaries showing treatment dates, diagnoses, and costs. Organize records chronologically. Insurers rely on this evidence to evaluate liability and damages.
- Identify applicable coverage. Verify that the at-fault driver carries proper Bodily Injury Liability coverage per ORS 742.062. If the driver has low limits, you may turn to your own Uninsured/Underinsured Motorist (UM/UIM) coverage.
- Send a written demand. After receiving and reviewing your records, send a demand letter detailing your total medical expenses, future care costs (if any), and a deadline for response (usually 30 days). Attach all supporting documents.
- Follow up consistently. If the insurer delays, call the adjuster every week. Keep written records of all communications (dates, times, names, summaries).
- Consider regulatory complaint. If the insurer fails to acknowledge liability or unduly delays payment, file a complaint with Oregon’s Department of Consumer and Business Services (DCBS) at dcbs.oregon.gov. The DCBS can investigate unfair practices.
- Watch the statute of limitations. Oregon’s personal injury statute of limitations is two years from the accident date (ORS 12.110). If liability remains denied, consider filing a lawsuit before this deadline.
Disclaimer: This article provides general information on Oregon law and is not legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Track all expenses—include prescriptions, therapy, and mileage to medical appointments.
- Send notices and demands by certified mail with return receipt.
- Obtain a medical provider affidavit summarizing your injuries and treatment plan.
- Keep a personal injury journal: pain levels, limitations, emotional impact.
- Consult an attorney early if negotiations stall or liability is disputed.