Imagine you’re driving through a busy intersection in downtown Hillsboro when, suddenly, another car clips your rear bumper. Both vehicles come to a stop, and while no one appears injured, your car looks like it sustained some damage. In the stress of the moment, it’s easy to feel unsure about what to do next. Should you report the accident if no one was hurt and both cars remain operable? What are your legal responsibilities?
Handling the situation properly not only ensures you meet legal obligations but also protects your rights as a driver. From avoiding license suspensions to dealing with insurance claims, knowing when and how to file a crash report is critical. This guide will walk you through when reports are necessary, the consequences of failing to file, and how these reports impact motor vehicle accident claims.
Your Legal Obligations and Duties After a Car Accident
If a driver is involved in a car accident in Oregon, they must follow specific steps outlined in ORS 811.700 and ORS 811.705. These requirements are as follows:
- Stop Immediately: You must stop at the scene or as close as possible without blocking traffic. If you leave without fulfilling your obligations, you could face serious legal consequences, including hit-and-run charges.
- Render Aid: If anyone involved in the accident is injured, you must provide reasonable assistance. This might include calling emergency services or arranging transport to the hospital. If the person is unconscious or gravely injured, avoid moving them unless it’s necessary to prevent further harm. Emergency personnel should be the ones to assess and treat severe injuries.
- Exchange Information: You need to exchange your personal and vehicle information with the other driver(s) or any involved parties. This includes your name, address, driver’s license number, vehicle registration details, and insurance information. Doing so helps both drivers file their insurance claims and maintain a clear record of what occurred.
- Notify Law Enforcement: Depending on the severity of the accident, you may be required to contact law enforcement immediately, especially if anyone is injured, if there’s significant property damage, or if the accident requires a vehicle to be towed. The police will file their own report, which becomes an important piece of evidence in any potential disputes or insurance claims.
DMV Accident Reporting Procedure- an Overview
While Oregon’s DMV accident reporting rules are clear, many drivers are unaware of their obligations. In short, if your motor vehicle crash meets certain criteria, you must submit an Oregon Traffic Accident and Insurance Report to the DMV within 72 hours. Failing to file a report when required can lead to complications, including the suspension of your driving privileges.
You must file a report if any of the following are true:
- Significant Vehicle Damage: If any vehicle involved in the accident sustains more than $2,500 in damage, you are required to file a report with the DMV.
- Towed Vehicles: Even if the damage is less than $2,500, if any vehicle must be towed from the scene, a report is mandatory.
- Injury or Death: If the accident resulted in any injuries or fatalities, you must file a report.
- Property Damage: If property other than a vehicle (such as a fence, building, or telephone pole) is damaged, and the cost exceeds $2,500, you must also file a report.
Your report must contain specific details, including your name, date of birth, driver’s license number, and insurance company (not agent) details. You also need to provide information about your vehicle, such as the license plate number, the state where it’s registered, the vehicle identification number (VIN), and the make and model. Omitting any of this information can result in loss of your driving privileges.
How to Obtain and Submit the Form
The easiest way to obtain the Oregon Traffic Accident and Insurance Report form is to download it from the DMV’s website. You can also request it by contacting DMV Customer Assistance or pick it up from a local DMV office or police department. Once the form is completed, submit it via email, fax, or regular mail.
The DMV prefers email submissions to OregonDMVAccidents@odot.oregon.gov, but you can also fax the report to 503-945-5267 or mail it to the DMV Crash Reporting Unit in Salem. Be sure to keep a copy of the report for your own records, as the DMV will not provide one.
Keep in mind that duplicate submissions can cause issues. If you’ve submitted your report by email or fax, don’t also send a paper copy by mail. This can create duplicate records, which could complicate matters down the line.
Do I Have to Report a Minor Crash?
In cases where the damage to all vehicles is less than $2,500, no one was injured, and no vehicle was towed, you might assume that you don’t need to report the accident. However, some exceptions might still require reporting.
For example, if the other driver involved is uninsured, you can file a report with the DMV even if the accident doesn’t meet the damage threshold. In this case, it’s important to note on your report that it doesn’t meet mandatory reporting requirements but is being filed due to the other party’s lack of insurance coverage. Taking these steps can protect you if there are complications with your insurance claim or if the at-fault driver later disputes your version of events.
What Happens if You Fail to Report?
When you fail to file a report, you could face repercussions. To begin with, the DMV can suspend your driver’s license if you don’t submit a report within 72 hours of an accident that meets the criteria for mandatory reporting. The suspension will remain in place until the report is filed, which can impact your ability to commute to work, school, or other important commitments.
Beyond the legal consequences, failing to report an accident can complicate your insurance claims. If the DMV’s driving records show an incomplete accident history, your insurance provider may question the details of your claim, leading to delays or disputes. Filing promptly and correctly is key to avoiding these problems.
Hitting an Unattended Vehicle
If you hit an unattended vehicle, it’s important to take the right steps to avoid being charged with a hit-and-run. First, try to locate the owner of the vehicle. If you’re unable to find them, leave a note with your name, address, and a brief description of what happened. (Oregon law requires you to provide this information in a visible location, like under the windshield wiper.) Failing to leave this information can lead to fines or charges, even if the damage appears minor. Always make a reasonable effort to contact the vehicle’s owner to avoid consequences.
Hitting an Animal
Accidentally hitting an animal, especially a domestic one, can be an upsetting experience. Oregon law requires you to stop and check its condition. If the animal is injured and it’s safe to move it out of traffic, do so. Afterward, make an effort to locate the owner. If the owner can’t be found, report the incident to the nearest police department. Even though hitting an animal doesn’t require a report to the DMV, notifying law enforcement ensures the animal receives appropriate care and that the incident is properly documented.
Role of Law Enforcement in Accident Reporting
Oregon law enforcement plays a critical role in accident management, especially in accidents involving serious injuries, fatalities, or major property damage. Police officers help secure the accident scene, provide emergency assistance, and file a Police Traffic Accident Report.
This report provides an objective account of the incident, which can be helpful for insurance claims and legal disputes, but you are still required to file your own report with the DMV if the accident meets the criteria for mandatory reporting. The official police report is not a substitute for your own obligation.
Impact of Accident Reports on Insurance Claims
Most insurers will require a detailed account of the incident, and they’ll often request copies of both the police report and the DMV report (if applicable). These reports help the insurance company assess fault, determine damages, and verify the accuracy of your claim. The information provided in these documents can influence the outcome of your insurance claim, especially in cases where fault is disputed.
Even if your accident doesn’t meet Oregon’s criteria for mandatory DMV reporting—such as when the damage is under $2,500 or there are no injuries—it’s still a wise decision to inform your insurer. Some insurance policies explicitly state that you must report any accidents, regardless of the extent of damage, to remain in compliance with your policy terms. Failing to notify your insurance company, even for a minor fender-bender, could lead to delays in processing your claim or, in some cases, a denial of coverage.
Additionally, promptly reporting the incident protects you from any unforeseen developments. For instance, even if the damage appears minor at the scene, you might later discover hidden problems with your vehicle or medical issues that weren’t immediately apparent. By filing a report early on, you establish a record of the incident that can help support any claims you need to make later, ensuring your insurance coverage remains intact.
Speak to an Oregon Car Accident Attorney Today
Oregon’s auto accident reporting requirements are in place to protect drivers, maintain accountability, and ensure that accidents are properly documented. Knowing your legal obligations can help you avoid unnecessary legal issues and ensure that your insurance claim is processed on time, regardless of whether you are involved in a minor fender-bender or a serious crash.
If you’ve been involved in an accident and are unsure about your obligations, seeking legal representation is always a good idea. At Harris Velázquez Gibbens, PC, our car accident lawyers are here to answer your questions, help you better understand your rights, and even file a personal injury claim against a negligent driver. To schedule an initial consultation, please call our experienced team at (503) 483-8896.