Oregon Car Accident Compensation Laws

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

You are not required to wait for an insurance company to deny your claim before filing a car accident lawsuit, 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 motorist. Oregon’s car accident compensation laws give drivers reasonable protection, but if you start to feel overwhelmed or in over your head, consider meeting with an Oregon car accident attorney for legal advice.

Oregon Car Accident Compensation Laws

All motor vehicle accident claims begin with an insurance report. In Oregon, drivers file their claims with the other driver’s insurance company. Once the insurers determine who the at-fault driver is, that company is responsible for paying all claims and damages for the accident.

Oregon auto insurance laws require drivers to have minimum liability insurance coverage. If you are the at-fault party, your insurance pays for the other driver’s insurance. Insurance companies must offer UM/UIM (uninsured motorist/underinsured motorist) coverage as well. This coverage protects you if the other driver either has no insurance or their policy limits don’t cover all your damages.

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

Filing a Personal Injury Claim

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

Statute of Limitations

The statute of limitations 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 or up to six years to file your claim.

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

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

Modified Comparative Negligence

Oregon law follows a modified comparative negligence 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.

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.

Damages and Damage Caps

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

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

Plaintiffs may not recover non-economic damages in cases where they were the driver and:

• Did not have current liability insurance
• Were driving under the influence (DUI)

Plaintiffs can still recover economic damages for medical expenses and lost wages in these cases.

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state law(s) you are researching before making any legal decision.

Get Legal Advice From an Oregon Car Accident Attorney

After a traffic accident, getting the other driver’s insurance information and filing a legal claim may require help from an Oregon car accident lawyer. To ensure you receive the compensation you deserve for your physical and emotional injuries, speak with a personal injury lawyer. They can examine the details of your case, explain your options, and represent you in all legal matters.