The reason people flee after a wreck to get away is that it usually works; they get away. And Hit and Run occurs all too often. There were 4,000 hit and runs reported to Portland Police in the first nine months of 2014. And this number does not include all the times when someone decides not to bother calling the police. What is the law and what can you do about it?
If a driver can escape a collision scene then the chances are they will get away with having to pay for the damage they caused and other problems like arrest on an outstanding warrant, a DUI charge for driving while impaired, avoidance of a possible police search of the vehicle for drugs or contraband on board, a car with no insurance or not having a drivers’ license. For people who flee, the fact that it is illegal is probably not a big deterrent, they do it in spite of the fact that it is illegal. But Hit and Run can be a serious offense.
The Law
ORS 811.700 makes it a Class A misdemeanor not to stop and remain at the scene of any collision where any property is damaged in order to exchange registration information and the name and address of the driver and any vehicle occupants, and upon request to show the driver license. Further, ORS 806.011 requires that proof of insurance coverage be carried in every motor vehicle.
If someone is hurt then ORS 811.705 makes “Failure to Perform Duties of Driver to Injured Persons” into a Class B or C felony. Included in the legal requirement where someone is hurt is the obligation to give “reasonable assistance” including transport for medical treatment.
And if a domestic animal or pet is injured ORS 811.710 requires the driver to stop, render aid to the animal and attempt to find the animal’s owner, or call the police. Violation is a Class B traffic infraction (not a crime).
The duties at the scene of a collision even extend to witnesses. ORS 811.715 requires that witnesses to an injury collision furnish their name and address to occupants or drivers of involved vehicles and makes it a Class C violation (non criminal ) to fail to do so.
The duties extend further than the scene as ORS 811.720 requires an “accident report” be filed within 72 hours where any person is injured or there is property damage above $1500. The report form and paperwork (available online at http://www.odot.state.or.us/forms/dmv/32.pdf) is obviously directed toward motor vehicle drivers but there are places for bicyclists and pedestrians to check boxes denoting their status. There is no box for hit and run collisions but just because one party bolts from the scene does not excuse the requirement for filing the report.
What to Do
If you are the victim of hit and run call 911. If possible have witnesses give you all information about the fleeing party and retain their contact information. It is important that you go through the process because if you do not report the collision the police will not be able to find the fleeing driver. And if you are injured it is important that you file a police report in order to make an insurance claim (yes, an insurance claim, your own car insurance may cover your injuries!).
Insurance
Oregon automobile insurance covers hit and run collisions where a person is hurt by a motor vehicle, even where the victim is on foot or a bicycle. Automobile insurers in Oregon are required to include in every policy what is called Uninsured Motorist Coverage which includes special Hit and Run coverage. However, there are technical requirements for coverage so be mindful that one must follow certain basic rules.
First, the collision must be mostly the fault of the hit and run driver;
Second, a report of the collision must be made within 72 hours to law enforcement and the claim must be reported to the insurance company within 30 days;
Third, if there is a “vehicle” occupied or operated by the injured party it must be available for inspection by the insurance company.
Note that even if the hit and run driver has caused the injury without actual contact with the injured person or their vehicle this “phantom vehicle” claim can still be made so long as “the facts of the accident can be corroborated by competent evidence other than the testimony of the injured person”, ORS 742.504(g)(B). While this sounds like a tough requirement, if care is taken to gather evidence from the scene, gather witness information and preserve any evidence showing the way the incident happened without an actual collision then a successful claim may be made for all the damages including medical costs, wage loss, and pain and suffering.
If You Are Involved in a Hit and Run
If you or someone you know gets in a hit and run incident don’t give up without going through the steps necessary to report and follow through on each step. While the reason people take off from the scene of a collision is that (a lot of times) they get away with it, you can report it to the police and keep checking in with the investigating officer to learn about progress at least you have done what you can. And make sure to check to see if there is existing insurance to cover damages. If you just give up before starting then there is no chance the person will ever get caught and held accountable.