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Most people never really understand how difficult the battle is going to be when dealing with the claims of the other driver’s insurance company, especially when they decide that you were at least somewhat at fault. What many people don’t realize is that a police report is merely an opinion; it may not be the final word in determining liability. Adjusters for insurance companies are also not always neutral. In addition, a relatively small adjustment in the percentage of liability assigned to you in Oregon can result in the difference between receiving a just settlement and having no money to compensate for your loss.
How Liability Works Under Oregon Law
Understanding Oregon’s Modified Comparative Fault Rule
In Oregon, we follow an “at-fault” system, which means the party liable for the collision is required to pay for all damages resulting therefrom. However, most collisions are not entirely black-and-white. Therefore, the State of Oregon utilizes a doctrine known as modified comparative fault. According to the statute, you are eligible to receive full compensation for any injuries suffered during a collision provided you were no more than 50 percent responsible. However, if you are deemed to be 51 percent or more at fault for causing a collision, then you are entitled to absolutely none. Finally, if you are partially at fault and were therefore below the aforementioned threshold of 50 percent, your total award will be decreased by your degree of fault.
For example, let us assume that you receive a total damages award of $100,000 and the jury determines you were 20 percent responsible for the incident. Therefore, you would collect $80,000. On the other hand, if the insurance company were able to successfully demonstrate that you were 51 percent at fault, then you would receive no compensation whatsoever. That is why liability disputes are extremely significant in Oregon. As previously stated, only a slight variation in your degree of liability could significantly affect your chances of recovering for your losses. That is precisely why insurance companies place such a high emphasis on determining degrees of liability in Oregon.
Requirements for Reporting Collisions in Oregon
According to OAR 825-020-0020, all motor vehicle crashes occurring anywhere in the State of Oregon that involve personal injury, death, or property damage exceeding $2500 must be reported to the Department of Motor Vehicles (DMV). Even if law enforcement officers responded to the scene and completed their own report, you are still obligated to submit your own report. Although reporting requirements differ slightly from jurisdiction to jurisdiction in Oregon, the majority of jurisdictions mandate that all crash reports be submitted to DMV within 72 hours.
You can submit your report via DMV2U.com, U.S. Mail, or in person. The DMV form needed to complete your crash report is Form 735-32 and can be accessed directly through the DMV’s website. Failure to comply with these reporting requirements may result in license suspension or revocation, regardless of whose fault you believe the accident was.
ORS 802.220(5) provides that the DMV will not issue a copy of another party’s accident report. You can obtain a copy of your own report by submitting a request to the responding law enforcement agency and paying the associated cost.
Why Police Reports Are Important
Police officers responding to a motor vehicle accident create a detailed report documenting the date and time of the incident, the location of the incident, and other relevant information, including:
- Vehicle descriptions;
- Driver and passenger names and contact information;
- License plates;
- Witness accounts (if applicable);
- Officer’s opinions regarding fault and/or sequence of events;
Adjusters reviewing potential claims will rely heavily on these reports when evaluating liability and assessing potential coverage options for the parties involved. Similarly, attorneys and judges will also consider these reports as part of their evaluation processes. Unfortunately, what many individuals fail to recognize is that the officer’s opinion on liability is simply that, an opinion, and not necessarily an objective assessment. Furthermore, if errors exist in a police report, you have every right to dispute those errors, and correcting those errors may very well alter the outcome of your case.
Related Article(s)
Actions To Take Immediately Following An Accident
Your actions immediately following an accident play a critical role in preserving potential evidence and establishing your position relative to liability for damages related to an accident. The following items represent key actions to take:
- Stop safely and assess whether anyone is injured or needs immediate assistance. Call emergency services (e.g., 911) if necessary;
- Exchange information with the other party (i.e., insurance cards, etc.);
- Request that law enforcement officers respond to the scene and generate a report (even if it appears to be a low-impact accident);
- Obtain medical treatment immediately after an accident, even if you appear uninjured at first. Soft-tissue injuries and head trauma/brain injuries may not develop symptoms for days or weeks after an accident. Gaps in medical treatment are among the first areas that insurers seek to exploit when minimizing claims.
Document as much of the accident scene as possible prior to departing. Photographs taken from various vantage points can help document:
- Skid marks;
- Road debris;
- Traffic control devices (traffic signals/lighted intersections/etc) and roadway signage;
- Any visible injuries;
- Witnesses – take down their names and contact information while still present at the scene;
- Weather conditions and time-of-day conditions;
- Preserve all video/dashcam footage captured at the time of the accident. Footage recorded by surrounding vehicles may also support your position.
- Smartphone records/evidence from smartphones that were operating at the time of the accident;
- Telematic data from onboard vehicle systems;
- GPS coordinates from vehicles;
- Other digital evidence was collected at the time of the accident.
Please note that once this type of evidence exists, it rapidly deteriorates or disappears; therefore, acting quickly is essential.
How To Acquire And Evaluate Your Police Report
Acquiring Your Police Report
To obtain your police report, contact the local police department that responded to your accident. Typically, you can obtain a copy by visiting their station in person or requesting one online or via U.S. Mail. There may be a charge for obtaining a copy (typically between $5-$20), and it may take several days to several weeks for them to process your request, depending on their workload.
Additionally, you may also want to contact DMV regarding any supplemental information they may have pertaining to your accident; however, please be aware that, according to ORS 802.220(5), DMV cannot provide you with a copy of another driver’s accident report – although they will provide you with a copy of your own report.
Evaluating Your Police Report
Once you have received your police report, review it thoroughly, checking all factual elements:
- Your name;
- The name(s) of all other parties involved;
- Descriptions of all vehicles involved;
- License plate numbers;
- Date/time/location of the accident;
- Diagrams of the accident scene;
- Witness statements;
- Accuracy of witness quotes/statement;
- Were any witnesses omitted?;
- Language/narrative used by the officer;
- Does it reflect what occurred?
Many times, police reports contain factual inaccuracies (incorrect addresses/vessel descriptions, misquotes/incomplete witness statements, or omitted facts that would support your version of events), or language used by the officer unfairly places blame upon you.
Create a documented list of all discrepancies noted in your police report, and gather supporting evidence (photographs/video/witness information/medical records/etc) proving any inaccuracies in your police report.
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How To Challenge Liability Determinations Made By Police Officers
Collecting Supporting Evidence
Start collecting all evidence gathered at the scene (photos/videos/eye-witness contact information) immediately after your accident. If there were certain pieces of evidence that you didn’t capture at the scene, reach out to eye-witnesses immediately while their recollections are still fresh.
Next, collect any additional evidence that may be available. Traffic cameras located at intersections are usually owned/operated by municipalities/state Departments of Transportation and delete camera footage after a period ranging from days to weeks. Seek access to this footage quickly.
Also, collect black box data/event data recorder data from either vehicle involved, as this data may show braking/speed/steering input activity during the seconds leading up to impact; or dash-cam footage from your vehicle or other nearby vehicles that may show what occurred during the accident.
Time begins ticking immediately after an accident occurs; thus, collecting this type of evidence rapidly is crucial, as much of this evidence will disappear shortly thereafter.
Writing A Rebuttal Letter
A rebuttal letter, commonly referred to as a supplemental letter, is a written document designed to specifically point out factual errors contained within your police report, along with evidence providing rationale for each error cited in the rebuttal letter.
An effective rebuttal letter should begin with a concise description of the accident, identifying which police report you are disputing; followed by identification of each error cited in the rebuttal letter, detailing why each cited item is incorrect, presenting supporting evidence, explaining why each referenced area of error within your police report are incorrect; and concluding with a formal request that the rebuttal letter be incorporated into the official police report file.
Keep your tone professional throughout your rebuttal letter and focus solely on verifiable facts; rather than arguing, create a detailed written record for insurance adjusters/attorneys/courts to reference.
Certified mailing is recommended when sending your rebuttal letter to ensure timely delivery/preservation of evidence.
Preparing And Submitting A Supplemental Report
Several police agencies permit motorists to prepare supplemental reports if additional information/evidence exists post-crash and is pertinent to resolving liability issues arising from the incident. Contact your local police agency responding to your crash and ask if they permit supplemental reports, and if so, what procedures/processes they utilize.
Regardless of whether or not your local agency accepts supplemental reports, retain copies with your insurance claim files, as these documents may assist in further substantiating your version of events in subsequent proceedings.
Sometimes you simply have no choice but to hire a car accident attorney to deal with a disputed fault issue. This could be true if you’ve been seriously injured; the fault ratio is almost evenly balanced and is very likely to go either way; the accident involves a commercial truck or multiple drivers; or the Insurance company is unwilling to cooperate.
ELG Injury Lawyers has experience with these types of disputes, and we know how to gather evidence while it is still available; use expert accident reconstructionists to create technical evidence regarding what occurred during the accident; and negotiate with Insurance companies attempting to place the majority of fault upon you so that they pay out as little as possible.
If negotiations fail to result in an acceptable resolution, we will bring a lawsuit. In some cases, this is the only way to obtain justice for your injuries, and we are prepared to proceed with litigation when necessary.
Dealing with comparative fault and Insurance company tactics
Insurance adjusters don’t represent you. Their goal is to resolve your claim for the least amount of money possible. One of the primary tools they utilize to accomplish this objective is Oregon’s comparative negligence rule. Essentially, if they can show that you were 51% or greater at fault for the accident, then you receive no payment.
Some common tactics utilized by Insurance adjusters include:
- calling you shortly after the accident and asking you open-ended questions to elicit statements that appear to be admissions of fault;
- suggesting prior fault before having reviewed the evidence; and/or
- making offers of immediate settlements that seem reasonable until you realize what you’re actually giving up.
You should keep a couple of points in mind. Do not give a recorded statement to the Insurance company representing the other party without consulting with an attorney first. Any statements you make may be used by the Insurance company to demonstrate increased fault on your part. When possible, communicate in writing and retain copies of all correspondence. If an adjuster is pushing you to accept a settlement quickly, that usually means that your claim is worth more than the amount being offered.
The following example illustrates just how much the percentages matter. Assume your total damages resulting from a particular accident totaled $80,000 in medical expenses and loss of earnings. Assuming you were 10% at fault, you would recover $72,000. If the adjuster can persuade you or a jury that you were 40% at fault, you would recover $48,000. If the adjuster succeeds in demonstrating that you were 51% at fault, you would recover nothing. Each percentage point represents significant dollars.
Special situations
Multi-vehicle crashes and joint liability
Crashes involving three or more vehicles or collisions in which a pedestrian, bicycle rider, or malfunctioning vehicle component contributed to the accident are typically far more complex legally. Multiple parties’ Insurance companies each have an interest in directing blame toward another party.
In multi-party cases, documenting every detail accurately is critical, and it is crucial that you refrain from making any comments concerning fault until you are aware of the entire circumstances surrounding your case. An attorney can assist in identifying all potential defendants and contesting the unfair apportionment of fault before it becomes final.
Uninsured or underinsured at-fault parties
Even if the person who struck you does not carry adequate Insurance to provide you with complete compensation for your losses, you still have choices. If you possess UIM coverage in your policy, it may serve as a “gap” filler to address deficiencies in the at-fault driver’s Insurance coverage. Alternatively, you may initiate direct action against the at-fault driver personally via a lawsuit; however, collecting on a judgment rendered against someone who lacks sufficient resources can prove to be extremely challenging. Occasionally, other entities such as a manufacturer of your vehicle or governmental agencies that maintain public roads may share in responsibility.
Drivers from other states involved in crashes within Oregon
Regardless of whether the individual who caused your collision resides outside of Oregon or maintains a vehicle registration elsewhere, Oregon law applies in your case. Oregon statutes governing fault, reporting deadlines, and modified comparative negligence standards all remain applicable regardless of the residence or registration status of the at-fault party or the jurisdiction from which they originate. Neither out-of-state drivers nor those driving outside of Oregon when involved in a collision in Oregon receive special treatment relative to compliance with Oregon’s laws and regulations.
FAQs
Is there a deadline to dispute a police report?
While there isn’t a specific statute establishing a time frame for filing objections to a police report, time works against you in this area. Physical evidence deteriorates, memories fade, and regulatory bodies tend to be more receptive to correcting errors closer to the time of occurrence. Dispute any reports within days of occurrence rather than weeks/months later.
Am I able to dispute fault if I am partially at fault?
Yes, often you probably should. Oregon law allows recovery based on comparative negligence, provided you bear no greater than 50% of fault. Therefore, if an opposing party is attempting to establish an inflated level of fault attributable to you beyond its proper measure, you have legitimate grounds for disputing that allocation.
Must I submit my report to DMV if I reported the incident previously?
Yes. While police reports and DMV reports are two separate obligations, Oregon law mandates that individuals file their own report with DMV within 72 hours following an automobile accident involving injury/death or property damage exceeding $2,500. To facilitate this process, form 735-32 (available from either the DMV website or www.dmv2u.com).
What happens if the at-fault driver leaves the scene?
Immediately contact 911 and attempt to record as many details as possible: license plate number (if partial), vehicle type/description, direction of travel of both vehicles, and any eyewitnesses who observed events leading up to the incident. Automobile accidents involving fleeing drivers can be compensated through your own uninsured motorist (UM) carrier if the identity of the at-fault party cannot be established or if he/she lacked valid Insurance. Notify both local authorities and your Insurance provider as soon as possible.
How long do I have to file a personal injury lawsuit in Oregon?
Oregon’s statute of limitations for filing personal injury claims provides claimants with generally two years from the date of occurrence. Failure to comply with this limitation period results in an inability to institute suit. However, exceptions exist; nevertheless, do not rely solely on exceptions. Consult with an attorney prior to allowing this two-year time frame to expire.
Last updated Tuesday, May 5th, 2026
