Getting into a car accident in Portland can be stressful. It becomes even more difficult if you are the one at fault. You might worry about insurance costs, legal responsibility, and whether you could be sued. This article will explain what typically happens if you are at fault in a car crash in Portland, Oregon. We’ll cover your rights, responsibilities, and when it’s a good idea to speak with a local attorney.
Understanding Oregon’s Fault and Insurance System
Oregon is what’s known as a “fault” state when it comes to car accidents. This means the person responsible for causing the crash is also responsible for paying for damages either through their insurance or out of pocket.
Oregon also follows a “modified comparative negligence” rule. This means you can still recover some damages even if you were partly at fault as long as your fault is less than 51%. However, if you are more than 50% at fault, you can’t collect money from the other driver.
For example:
- If you’re 30% at fault, your damages are reduced by 30%.
- If you’re 55% at fault, you get nothing from the other party.
Immediate Steps to Take If You Think You Were at Fault
If you believe the accident was your fault, or even partly your fault, follow these important steps:
1. Stay Calm and Remain at the Scene
Do not leave the crash site. It’s against the law in Oregon to flee an accident scene, even if it seems minor.
2. Call 911
Always call the police, especially if someone is hurt or there is major vehicle damage. The officer will create a crash report, which can be important later.
3. Exchange Information
You must give your name, contact information, insurance details, and driver’s license number to the other driver.
4. Report to the DMV
If the accident caused more than $2,500 in damage, injuries, or if a vehicle was towed, Oregon law requires you to file an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours.
5. Notify Your Insurance Company
Tell your insurance company about the accident as soon as possible even if you were at fault. Hiding it could lead to your claim being denied.
What Happens Next with Insurance?
If you are at fault, your insurance company will likely pay for the damages to the other driver’s vehicle and their injuries, up to your policy limits. This includes:
- Bodily Injury Liability: Pays for the other person’s medical bills.
- Property Damage Liability: Covers the other person’s car or property damage.
Oregon’s minimum liability coverage is:
- $25,000 per person for injuries
- $50,000 per accident for injuries
- $20,000 for property damage
If the damages exceed these amounts, and you don’t have enough coverage, you may be personally responsible for the remaining costs.
Will My Insurance Rates Go Up?
In most cases, yes, your insurance premium will increase after a crash where you’re found at fault. The increase depends on:
- The cost of the accident
- Your driving history
- Your insurer’s specific rules
In general, your rates could go up for 3 to 5 years after the accident.
Can I Be Sued If I’m at Fault?
Yes, the other driver may choose to file a lawsuit against you if:
- Your insurance doesn’t fully cover their losses
- They believe your negligence caused serious harm
If that happens, and you don’t have an attorney, it’s strongly recommended that you speak to one. Lawsuits can lead to wage garnishment, loss of assets, or other legal problems if not handled properly.
How Fault Is Determined in Portland
Fault is not always obvious. Insurance companies and courts look at the following when deciding who was responsible:
- Police report
- Witness statements
- Photos or videos from the scene
- Traffic laws and who violated them
- Vehicle damage and impact points
Sometimes both drivers share some fault. For example, if you were speeding but the other driver ran a red light, you might each share a part of the blame.
Legal Consequences If You’re at Fault
If the crash involves:
- Reckless driving
- Driving under the influence (DUI)
- Leaving the scene of the accident
You could face criminal charges, not just civil lawsuits. Penalties may include fines, license suspension, or even jail time.
Even if there are no criminal charges, you could still be found legally responsible for damages in a civil case.
How Long Will the Legal Process Take?
If a lawsuit is filed, it could take several months to a few years to resolve, depending on the complexity. Most car accident cases settle outside of court, but some do go to trial.
If you are being sued, having a skilled lawyer on your side can help speed up the process and protect your rights.
Should I Hire a Lawyer If I’m at Fault?
While insurance companies provide a lawyer if you’re sued, you might still want to hire your own personal injury defense lawyer if:
- You’re being blamed for more than you feel responsible
- The accident involves serious injuries or a death
- You’re facing out-of-pocket payments
- You want legal guidance before speaking with insurance adjusters
When Partial Fault Still Leads to a Claim
If you’re only partially at fault, you may still be able to file a claim against the other driver’s insurance for your own damages. For example:
- If you’re 30% at fault and your total damages are $10,000, you could still recover $7,000 from the other driver’s insurance.
How to Protect Yourself Moving Forward
If you’ve been at fault in a crash, here are some ways to protect yourself in the future:
- Drive carefully: Avoid speeding, texting, or aggressive driving.
- Take a defensive driving course: Some insurers offer discounts.
- Review your insurance coverage: You may want to increase your liability limits or get umbrella coverage.
- Understand Oregon driving laws: Knowing your responsibilities can prevent future problems.
Need Legal Help After a Portland Car Accident? Why Choose the Law Office of J. Clay McCaslin
If you’re facing the stress of being at fault in a Portland car accident, you don’t have to handle it alone. At the Law Office of J. Clay McCaslin, we’ve helped people across Oregon deal with car accident cases whether they caused the crash or are being wrongly blamed.
Here’s why many people in Portland trust our firm:
- Over 15 years of legal experience in Oregon
- We handle personal injury and accident-related cases
- We speak English, Spanish, and French
- We work with both injured victims and those accused of causing harm
- We fight for fair outcomes and protect your rights every step of the way
Whether you need advice, help dealing with insurance, or legal defense in a lawsuit, we are here to help.
Conclusion
Being at fault in a car accident can bring many challenges. You might deal with medical costs, insurance rate hikes, and the fear of being sued. Oregon’s laws are complex, and every accident is different. That’s why it’s so important to get advice from someone who knows the law inside and out. At the Law Office of J. Clay McCaslin, we take the time to listen to your concerns and give you clear, honest guidance. Don’t try to handle this on your own contact us today for a free consultation.