Do I file a claim with my own insurance company? 

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Yes.  Most auto insurance policies in Oregon require you to report the car accident if there are any injuries to a person or property damage to any vehicle involved.  You will need to provide them with the basic information about the accident before they can set up a claim to process your benefits.  Since this is your own insurance company, you are obligated by the insurance contract to cooperate with them.

Even if the accident is not your fault, your insurance company will need to be notified.  Some reasons for this notification include:

  • Vehicle repair – If you are not liable for the accident, the other side’s car insurance should cover the cost of repair to your vehicle. However, if you have purchased collision coverage as part of your auto insurance, you can submit the repair claim to your own insurance.  This may be beneficial if the other insurance company is stalling, difficult to get a hold of, or being elusive by claiming they are still waiting to hear from their insured or in the process of investigating the auto accident.  In those events, having your own insurance company start the repair process may be simpler.  You will initially be responsible for the deductible amount of your coverage, but that will be reimbursed to you by the at-fault party’s insurance company once they accept liability.
  • Medical treatment – In Oregon, every car insurance policy must include Personal Injury Protection (PIP) coverage. This is a no-fault primary insurance for medical treatment related to injuries caused by the accident.  Regardless of who is at fault for the accident, your PIP coverage will pay for your medical bills up to the coverage limits.  In Oregon, the minimum limit is $15,000, but you may have purchased higher limits.  Think of your PIP coverage as your health insurance for car accident-related treatment.  When you seek treatment, make sure to give the PIP claim number to the medical care provider.
  • Wage loss – In addition to covering your medical bills, PIP insurance will also pay the wage loss you incur due to accident-related inability to work. You will need to miss 14 calendar days from work before this benefit is triggered and will likely require medical documentation supporting your need to be off work due to the accident.  The amount of wage loss is also limited to the lesser of $3,000 or 70% of your monthly income.

Working with your insurance company to process your claim and get your benefits is necessary and important after a car accident.  But keep in mind that insurance companies are for-profit businesses and do not generally have your best interest in mind.  You are entitled to the coverage benefits you pay for, and legally should receive it.  Sometimes, it takes a lawyer on your side to make that happen.  We always encourage folks to call our office for a free consultation just to be sure.

Other questions you may have after an accident.

Do I call the other driver’s insurance company to report the accident?

Should I get medical treatment?

Who will pay for the damage to the car?

Will I be able to get a rental while my car is being repaired?

Will I get a settlement for my injuries?

Who will pay for my medical treatment?

What if I can’t work, who will pay my wages?

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