Dealing with the Other Driver's Insurance Company in Oregon

After an accident that wasn't your fault, you'll likely hear from the at-fault driver's insurance company. This guide explains what to expect, how to handle their calls, and how to avoid common pitfalls that could hurt your claim.

Understanding Who They Work For

This is the most important thing to understand: the other driver's insurance company works for the other driver, not for you.

Their job is to:

• Investigate the claim
• Determine what they owe
• Pay as little as possible while still fulfilling their legal obligations

This doesn't mean they're evil—it's just how insurance works. But it does mean you should approach every interaction with awareness that your interests may not align with theirs.

When They Call: What to Expect

Shortly after the accident, an insurance adjuster from the at-fault driver's insurance will likely call you. They may:

• Ask for your version of events
• Request access to your medical records
• Ask about your injuries and current symptoms
• Offer a quick settlement
• Ask to record your statement

What You Should Say

If you do speak with them, keep it brief and factual:

• Confirm basic facts: Your name, contact information, date and location of the accident
• Do not speculate: Only share what you know for certain
• Do not admit fault: Even saying "I'm sorry" can be used against you
• Do not discuss injuries in detail: You may not know the full extent yet

A good response to detailed questions is: "I'm still receiving medical treatment and don't have all the information yet. I'd prefer to wait until I have a clearer picture before discussing this further."

What You Should NOT Say

Avoid these common mistakes:

• "I'm fine" or "I feel okay" – Many injuries take days or weeks to fully manifest
• "It was partly my fault" – Let the investigation determine fault
• Guessing speeds, distances, or timing – Stick to what you actually remember
• Signing broad medical releases – They may try to access your entire medical history

The Recorded Statement

Insurance adjusters often request a recorded statement. Things to know:

• You are not legally required to give one to the other driver's insurer
• Anything you say can be used to reduce or deny your claim
• If you do agree, you can request questions in advance and take your time answering
• You can have an attorney present or consult one beforehand

Many attorneys recommend declining recorded statements entirely, or at least delaying until you've completed treatment and know the full scope of your injuries.

Medical Records Requests

The insurance company may ask you to sign a medical authorization form. Be cautious:

• Broad authorizations can give them access to your entire medical history, not just records from the accident
• They may use pre-existing conditions to argue your injuries weren't caused by the crash
• You can provide specific, limited authorizations for only the treatment related to the accident

Quick Settlement Offers

Sometimes the other driver's insurance will offer a quick settlement, especially if liability is clear. While tempting, be cautious:

• Early offers are often lowball offers
• You may not know your full medical expenses yet
• Once you accept and sign a release, you typically cannot ask for more money later—even if your injuries worsen

It's generally wise to wait until you've completed treatment (or at least understand your prognosis) before accepting any settlement.

Your Rights in Oregon

As an Oregon resident, you have certain protections:

• Two-year statute of limitations: You have two years from the date of the accident to file a personal injury lawsuit
• Right to choose your own repair shop: For vehicle damage, insurers cannot force you to use a specific shop
• Right to fair dealing: Oregon law requires insurers to handle claims in good faith

When to Consider an Attorney

You may want legal help if:

• Your injuries are significant or require ongoing treatment
• The insurance company is denying or delaying your claim
• Fault is being disputed
• You're being pressured to settle quickly
• The at-fault driver was uninsured or underinsured

Most personal injury attorneys offer free consultations and work on contingency, meaning they only get paid if you receive a settlement. Learn more in our guide: Do I Need a Lawyer After a Car Accident in Oregon?

Key Takeaways

• The other driver's insurer is not on your side—be polite but cautious
• You don't have to give a recorded statement
• Don't sign broad medical releases
• Don't accept quick settlements before understanding your full injuries
• Consult an attorney if your injuries are serious or the process feels overwhelming