Car Accident Laws in Oregon
Car accidents in Oregon, whether on I-5 through Portland or rural roads near Bend, can leave lasting injuries and financial uncertainty. Knowing how Oregon law handles insurance, fault, and personal injury claims is essential if you’ve been hurt. This guide explains your rights and legal options after a crash so you can focus on recovery without being left in the dark.
Oregon Uses a Hybrid No-Fault and At-Fault System
Oregon is one of the few states with a hybrid approach to car accident claims. It requires drivers to carry Personal Injury Protection (PIP) coverage, which pays for certain medical costs and lost wages regardless of fault. However, Oregon is also an at-fault state, meaning you can pursue the responsible driver for additional damages once PIP benefits are exhausted.
This two-tier system gives victims access to immediate help through PIP while allowing for full compensation in more serious cases.
PIP Coverage Requirements in Oregon
Every Oregon auto insurance policy must include at least:
- $15,000 in PIP coverage per person
- Coverage for reasonable and necessary medical expenses
- 70% of lost wages, up to $3,000 per month for up to 52 weeks
- Funeral benefits and essential services, if needed
This no-fault benefit is typically the first step after a crash. If your expenses exceed your PIP limits or if you suffer long-term injuries, you can then file a third-party claim or lawsuit against the at-fault driver.
Minimum Insurance Requirements in Oregon
Drivers in Oregon are required to carry the following minimum auto insurance:
- $25,000 bodily injury per person
- $50,000 bodily injury per crash
- $20,000 property damage per crash
- $15,000 PIP coverage
- $25,000 uninsured motorist coverage per person
- $50,000 uninsured motorist coverage per crash
Uninsured motorist (UM) coverage is important, especially in areas with higher rates of uninsured drivers.
Comparative Negligence in Oregon
Oregon follows a modified comparative negligence rule with a 51% bar. If you’re found to be 51% or more at fault for the crash, you can’t recover damages. If you’re 50% or less at fault, your compensation will be reduced proportionally to your share of responsibility.
For example, if you’re 20% at fault and awarded $100,000, you’d receive $80,000.
Statute of Limitations for Car Accident Claims
You generally have two years from the date of the accident to file a personal injury lawsuit in Oregon. If you’re filing a claim for property damage, the deadline is six years.
For wrongful death claims, the statute of limitations is three years from the date of death.
Acting early helps preserve evidence, protects your rights, and gives you more leverage during insurance negotiations.
When to Report a Crash in Oregon
According to Oregon law, you must report a crash to the Department of Motor Vehicles (DMV) within 72 hours if:
- Damage to any vehicle is over $2,500
- Any vehicle is towed from the scene
- There are injuries or fatalities
- Property damage exceeds $2,500
Even if the police respond, you are still required to file a report with the DMV if any of these conditions apply.
Overview of Oregon Personal Injury Law
In Oregon, personal injury laws allow you to file a claim if you’re injured due to someone else’s negligence. In addition to car accidents, this may include:
- Motorcycle or bicycle collisions
- Pedestrian accidents
- Dog bites
- Slip and fall injuries
- Dangerous product injuries
Oregon does not cap economic or non-economic damages in most personal injury cases. However, punitive damages are only awarded in rare cases involving intentional misconduct or extreme recklessness.
Recoverable Damages in Oregon Car Accidents
If you’re hurt in an Oregon crash and file a claim beyond your PIP benefits, you may be entitled to:
- Medical bills (past and future)
- Lost income and reduced earning ability
- Pain and suffering
- Property damage
- Emotional distress
Your total compensation depends on the severity of your injuries, available insurance coverage, and whether liability is disputed.
What Happens If the Other Driver Is Uninsured?
If you’re hit by a driver without insurance, your uninsured motorist (UM) coverage steps in. It can pay for medical bills, lost income, and other related expenses. If the driver doesn’t have enough coverage to fully compensate you, your underinsured motorist (UIM) policy may cover the difference—if included in your plan.
Filing a UM or UIM claim still involves working with your insurer, so it’s wise to consult a lawyer before accepting a settlement.
Can Passengers File Injury Claims?
Yes. Passengers in Oregon accidents can file a claim with the at-fault driver’s insurance or their own PIP policy. Once they exceed PIP limits or meet the injury threshold, they can seek additional compensation for long-term injuries or losses.
Passengers are usually not at fault, so their claims are typically more straightforward, though still subject to comparative negligence if multiple parties are involved.
Should You Contact an Attorney?
Because Oregon has a mix of no-fault and fault-based insurance rules, navigating the claims process can be confusing. A personal injury attorney can help determine how much compensation you’re entitled to, manage negotiations with the insurance company, and make sure you don’t miss critical deadlines.
Many Oregon personal injury lawyers work on a contingency fee basis, meaning you don’t pay unless you win.