{"id":375848,"date":"2016-10-05T16:07:44","date_gmt":"2016-10-05T21:07:44","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-car-accident-compensation-laws.html"},"modified":"2026-01-28T10:02:20","modified_gmt":"2026-01-28T15:02:20","slug":"oregon-car-accident-compensation-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-car-accident-compensation-laws.html","title":{"rendered":"Oregon Car Accident Compensation Laws"},"content":{"rendered":"\n
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Oregon Car Accident Compensation Laws<\/h1>\n\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Oregon<\/span> car accident<\/span> compensation laws determine how victims recover financial damages through insurance claims or lawsuits after a motor vehicle<\/span> crash. As an at-fault state<\/span>, Oregon<\/span> requires the party responsible for the collision to pay for the other driver\u2019s medical bills<\/span>, lost wages, and property damage<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

After a car accident<\/span>, the first thing drivers do is file an insurance claim with the insurance company<\/span>. Since Oregon<\/span> is an at-fault state<\/span>, accident victims<\/span> must file with the other driver\u2019s company. This makes it important to understand how car insurance<\/span> compensation laws work and what you need to do when you file a car accident<\/span> claim<\/span>.<\/p>\n

You are not required to wait for an insurance company<\/span> to deny your claim before filing a car accident<\/span> lawsuit<\/span>, but it might be a better option to attempt to negotiate with insurers first. Complications can also arise if the accident involved an underinsured or uninsured <\/span>motorist<\/span>. Oregon<\/span>\u2019s car accident<\/span> compensation laws give drivers reasonable protection, but if you start to feel overwhelmed or in over your head, consider meeting with an Oregon<\/span> car accident<\/span> attorney<\/span><\/a> for legal advice<\/span>.<\/p>\n

Oregon<\/span> Car Accident<\/span> Compensation Laws<\/strong><\/h2>\n

All motor vehicle<\/span> accident claims begin with an insurance report<\/span>. In Oregon<\/span>, drivers file their claims with the other driver\u2019s insurance company<\/span>. Once the insurers determine who the at-fault driver<\/span> is, that company is responsible for paying all claims and damages for the accident.<\/p>\n

Oregon<\/span> auto insurance<\/span> laws require drivers to have minimum liability <\/span>insurance<\/span> coverage<\/span>. If you are the at-fault party<\/span>, your insurance pays for the other driver\u2019s insurance. Insurance companies<\/span> must offer UM\/UIM<\/a> (uninsured <\/span>motorist<\/span>\/underinsured <\/span>motorist<\/span>) coverage as well. This coverage protects you if the other driver either has no insurance or their policy limits<\/span> don\u2019t cover all your damages.<\/p>\n

You must also have personal injury<\/span> protection<\/span> (PIP). Your PIP coverage pays for your car accident<\/span> injuries<\/span> and damages first, before any other insurance coverage<\/span> begins. Since the law requires only $15,000 in PIP coverage, a serious accident will use that up quickly.<\/p>\n

Filing a Personal Injury<\/span> Claim<\/span><\/h2>\n

Once you exchange insurance and contact information<\/span> with the other driver, you can file your personal injury<\/span> claim<\/span>. Oregon<\/span> has some rules regarding when you must file and what you can recover in a lawsuit.<\/p>\n

Statute of Limitations<\/span><\/h3>\n

The statute of limitations<\/span><\/a> is the amount of time a claimant has to file a legal action. Depending on who brings the claim and the nature of the case, you may have as few as 180 days<\/a> or up to six years<\/a> to file your claim.<\/p>\n

Under the Oregon<\/span> Revised Statutes<\/span><\/a>, you have two years from the date of the accident or injury to file a personal injury<\/span> lawsuit<\/span>. You are not required to wait for an insurance company<\/span> to deny your claim before filing a lawsuit against the at-fault driver<\/span>. There are also ways to stop or \u201ctoll\u201d the statute and give yourself more time to file. Your attorney can explain these circumstances.<\/p>\n

If your accident involved a government vehicle<\/a>, like a bus or train, there is a 180-day time limit<\/span> to file a notice of claim with the proper government agency. In these situations, it\u2019s a good idea to speak with an experienced Oregon<\/span> accident attorney<\/a> for legal advice<\/span> before you file.<\/p>\n

Modified Comparative Negligence<\/span><\/h3>\n

Oregon<\/span> law<\/span> follows a modified comparative negligence<\/span><\/a> rule. Under this system, you can recover damages even if you were partially responsible for your accident. You must be 50% or less at fault in the accident to recover damages. If you are 51% at fault, you cannot recover.<\/p>\n

The court calculates damages based on the percentage of fault. For example, if you were determined to be 20% responsible for the accident, you can collect 80% of your damages.<\/p>\n

Damages and Damage Caps<\/h3>\n

In a personal injury<\/span> case, plaintiffs may request economic and non-economic damages<\/span><\/a>. Economic damages are financial losses related to the accident, such as medical bills<\/span>, lost wages, and future costs. Non-economic damages<\/span> are compensation for emotional trauma, pain and suffering, and other non-quantifiable losses.<\/p>\n

Oregon<\/span> law<\/span> places a $500,000 cap on non-economic damages<\/span> in medical malpractice and wrongful death lawsuits<\/span><\/a>. However, the Oregon<\/span> Supreme Court has found such caps unconstitutional for most personal injury<\/span> and medical malpractice claims. Judges may also reduce the total award amount by up to 5% if the victim was not wearing a seatbelt<\/a>.<\/p>\n

Plaintiffs may not recover non-economic damages<\/span> in cases where they were the driver and:<\/p>\n