Holiday Accidents

Remind Your Clients That In Case Of An Auto Accident:

No statements to adverse insurance companies.
No authorizations.
File a report.
Call your insurance company.
Take pictures.
Injured, seek the advice of a good personal injury attorney.

When Your Client Calls After an Accident

It happens all the time: a client or a client's family member has been in an auto collision. They call you, their business lawyer. What should you tell them?

Your client should generally cooperate with any law enforcement investigation. However, if the client may have committed a crime, they should be promptly referred to a capable criminal defense lawyer who can protect their interests.

When the holidays come, many families take to the road. It's important that these families know their rights when the unexpected happens.

No statements: Your client needs to know that they have no legal obligation to talk with the adverse insurance company, or to give that insurance company a statement. Giving such a statement is generally not in your client's best interest. Statements taken by insurance adjusters are not intended to be independent. Their sole purpose is to help diminish or defeat your client's potential claim.

No authorizations: Your client needs to know that they have no legal obligation to give any kind of release or authorization to the adverse insurance company to allow it to obtain records or information. Giving such an authorization statement is generally not in your client's best interest. Authorizations forms sent by insurance companies are often not limited in time or scope. If a client signs such an unrestricted authorization, the adverse insurer may obtain embarrassing private medical records that would not normally be discoverable in litigation (see ORCP 44C).

DMV report: Your client has a legal obligation to make a report to the DMV if there is an injury or death in the collision, if the vehicle must be towed from the collision scene, or if there is $1,500 or more in property damage to the vehicle. The report must be made within 72 hours of the collision. Most of the information contained in the DMV accident report will not be subject to later disclosure, should a claim be necessary.

Your client's insurance company: Your client should report the accident to his or her insurance company. If there is a risk your client might be considered to be at fault, their own insurer can start an investigation to protect their interests.

Photos: If there is any potential that your client may need to make a claim, they generally should take photos of any significant damage to their car before repairs are done.

If involving injury, make a referral: If your client or a family member has been injured in the collision, refer them to a good personal injury attorney. Look for a plaintiff's lawyer who has a successful track record of trying cases that cannot be settled on fair terms, and who will treat your client with the respect and courtesy you expect.

The Consequences of Drunk Driving:

Drinking and Driving During the Holidays

In a news release by the Oregon State Police after last year's holiday period, it was made clear that alcohol consumption during the holidays is a major contributor to Oregon road accidents. "According to ODOT, alcohol has been a factor in 41 percent of Oregon traffic deaths around the New Year's and Christmas holiday periods during the last ten years."

In effort to keep drivers safe, Oregon has established strong DUII laws. These laws can even punish drivers that may not be drunk but are simply affected to some degree by any form of alcohol or drugs. Oregon's 'implied consent' laws can lead to suspended driving privileges of up to three years. It is important that your clients understand the dangers of driving while intoxicated and the consequences that may arise. For more information on Oregon DUII laws, click here.

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Holiday Accidents
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