What to Do After a Car Accident in Washington or Oregon

So you’ve been in a car accident. Now what?

Personal Injury Protection

PIP, a “no-fault insurance,” is designed to cover medical expenses, lost wages, and other injury-related costs, regardless of who is at fault in the accident. PIP coverage is mandatory in Oregon and Washington, and is an essential part of ensuring that you and your passengers can receive immediate medical care without having to wait for liability to be determined. Whether you were driving, a passenger, or even a pedestrian, PIP can help cover the costs of your injuries.

PIP typically covers:

1. Medical Expenses

PIP will pay for necessary medical treatments, including hospital visits, surgeries, rehabilitation, and prescription medications. It can also cover ambulance costs and ongoing care.

2. Lost Wages

If your injuries from the accident prevent you from working, PIP can compensate you for lost income during your recovery period. This is especially valuable for those who may not have short-term disability coverage through their employer.

3. Funeral Expenses

In the unfortunate event that the accident results in a fatality, PIP can assist with funeral and burial costs.

4. Essential Services

If you’re unable to perform daily tasks, such as housekeeping or childcare, PIP can cover the costs of hiring someone to do those tasks for you.

PIP can provide swift access to care and financial support without waiting on a liability determination, which can be critical in the aftermath of an accident when you may not be able to work or handle everyday responsibilities.

However, PIP does have its limits. State minimum PIP requirements are relatively low ($10,000 in Washington and $15,000 in Oregon). While that may seem like a lot, medical damages can quickly eat up PIP coverage. Once these limits are reached, you may have to rely on other types of insurance or take legal action to recover additional costs.

Third Party Insurance

Third party liability insurance is another key component of auto insurance, and works very differently than PIP. This type of coverage is designed to drivers who are at fault, and to authorize coverage for those injured by an at-fault driver. It is required in Oregon and Washington, meaning that most drivers have some form of insurance coverage available for those injured by negligent driving.

Third party insurance covers:

1. Bodily Injury Liability

If you’re found to be at fault in an accident that injures someone else, your liability insurance will cover their medical expenses, lost wages, and, in some cases, pain and suffering. While this policy is designed to compensate others, this coverage helps protect you from having to pay out of your own pocket for the injuries caused to others.

2. Property Damage Liability

Just like bodily injuries, your liability insurance policy also covers any damage to other people’s property. This could include repairs to another driver’s vehicle, a fence, a cell phone lost in the collision, or any other property that was damaged as a result of the accident.

3. Legal Fees

If the accident results in a lawsuit, your liability insurance can help cover your legal defense costs.

Importantly, liability insurance usually has coverage limits. In both Oregon and Washington, the minimum limit is $25,000 for an injury to an individual, or $50,000 for an injury to two or more people. If the damages exceed the limits of your policy, you could be personally liable for the remaining costs. This is why some drivers opt for higher than the minimum liability limits. Serious injuries or substantial property damage can easily result in an exhaustion of coverage and significant personal financial exposure.

If you were in an accident and the other party was at fault, you would file a claim with their insurance. To finalize the claim, you would typically need to provide details of the accident and your injuries. Specifically, you’d likely provide a copy of the police report (if applicable), witness statements, and photographs or video of the scene. More importantly, it is recommended you completely treat your injuries or otherwise get as much information about your prognosis and future treatment requirements, usually supported by your own medical records. Additionally, you should keep track of lost wages, mileage costs, and any evidence of pain and suffering or anxiety, including costs of therapy (if applicable).

Only when you have a good picture of what your total damages will be should you try to resolve the dispute with the other driver’s insurance. (Note: settling with the other driver via their insurance company may have an effect on your ability to recover from your own underinsured or uninsured motorist coverage). This is why the statute of limitations for negligence claims are two years in Oregon and three years in Washington. It can take months or longer for your injuries to even be discovered, let alone fully treated.

What Is First-Party Insurance?

After an accident, understanding the differences and interplay between PIP, third-party liability insurance, and first-party UM/UIM insurance can help you navigate the claims process more effectively. PIP provides crucial no-fault coverage for your injuries, third-party liability insurance covers damage you cause to others, and first-party UM/UIM insurance ensures that your own losses are covered even if the other driver has insufficient coverage. Having a comprehensive auto insurance policy that includes all of these elements can provide you with the protection you need in the aftermath of an accident. Be sure to review your policy regularly and consult with your insurance provider to ensure that you have the right coverage in place.

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