Oregon Motor Vehicle Accident Laws

Insurance Requirements

System type: Oregon follows a traditional fault-based system for car accidents. This means that the driver responsible for causing the accident is financially liable for any resulting damages. Victims can seek compensation through the at-fault driver’s insurance, their own insurer (under specific coverage), or through legal action if necessary.

Minimum coverage requirements: Oregon law mandates the following minimum car insurance coverage:

• Bodily injury liability: $25,000 per person, $50,000 per accident
• Property damage liability: $20,000 per accident
• Personal injury protection (PIP): $15,000 per person
• Uninsured/Underinsured motorist (UM/UIM): $25,000 per person, $50,000 per accident

These minimums ensure basic medical costs, property repairs, and financial recovery after an accident. However, drivers are encouraged to carry additional coverage for more comprehensive protection.

Optional coverages:

• Collision coverage: Pays for repairs to your vehicle, regardless of fault
• Comprehensive coverage: Covers non-collision-related damages such as theft, vandalism, or natural disasters
• Enhanced UM/UIM: Increases coverage limits for accidents involving uninsured or underinsured drivers

Penalties for non-compliance: Driving without insurance in Oregon can result in fines, suspension of your license, and the need to file proof of insurance with the Department of Motor Vehicles (DMV) for three years. Repeat offenses carry steeper penalties, including vehicle impoundment. 

Rideshare drivers: Rideshare operators like Uber and Lyft must meet specific insurance requirements in Oregon, which vary by activity.

• App on, but no passenger (Period 1): $50,000 per person, $100,000 per accident for bodily injury, and $25,000 for property damage
• Ride accepted or passenger on board (Periods 2 and 3): $1,000,000 in liability coverage, with additional collision and comprehensive coverage available if carried in the driver’s personal policy

Fault Laws

Modified comparative negligence in Oregon

Oregon adheres to a modified comparative negligence system, which influences how compensation is determined in car accident claims. Under this rule, individuals can seek compensation as long as their share of fault does not exceed 50%. Compensation is reduced proportionally based on the claimant’s percentage of fault.

For example, if a claimant is found 20% at fault for an accident involving $100,000 in damages, they can recover $80,000. However, if the claimant’s fault exceeds 50%, they are barred from recovering any damages.

This system highlights the importance of gathering strong evidence—such as police reports, photos, and witness statements—to accurately establish fault and maximize compensation.

Multi-vehicle collisions

In accidents involving multiple parties, Oregon’s comparative negligence rule applies to divide fault among all drivers based on their contributions to the crash. Determining liability in these cases often requires extensive investigations, including accident reconstructions. Legal assistance can be critical to ensure accurate fault allocation and secure fair compensation.

Special considerations for passengers

Passengers injured in Oregon car accidents are generally not subject to fault. They may file claims against any at-fault party, whether it’s the driver of the vehicle they were in or another driver involved in the crash. However, a passenger’s compensation might be reduced if their actions contributed to their injuries—for instance, failing to wear a seatbelt. Evaluating these cases requires a thorough review of the circumstances to determine liability.

Statute of Limitations

Personal injury claims: In Oregon, the statute of limitations for filing a personal injury claim resulting from a car accident is two years from the date of the accident. This timeframe applies to drivers, passengers, pedestrians, and bicyclists seeking compensation for injuries, medical expenses, and related losses.

Property damage claims: The statute of limitations for filing a property damage claim, such as damage to a vehicle or other property, is six years from the date of the accident.

Wrongful death claims: For accidents resulting in fatalities, the statute of limitations for wrongful death claims is three years from the date of the underlying injury, not necessarily the accident date.

Government claims: When filing claims against a government entity in Oregon, specific rules under the Oregon Tort Claims Act apply. Victims must provide written notice of their claim within 180 days of the injury. These stricter timelines and procedures emphasize the need for prompt legal action.

Exceptions to the statute of limitations:

• Minors: For victims under 18, the statute of limitations is paused until their 18th birthday, giving them until age 20 to file a claim
• Discovery rule: If injuries or damages are not immediately apparent, the statute of limitations begins when the injuries are discovered or reasonably should have been discovered
• Defendant’s absence: If the at-fault party leaves the state, the statute of limitations may be paused until their return

Accident Reporting Requirements

When to report an accident

In Oregon, drivers are required to report a motor vehicle accident under the following conditions:

• Personal injury or death: If anyone is injured or killed in the accident
• Property damage: If the total damage to any property, including vehicles, exceeds $2,500
• Towed vehicles: If any vehicle involved in the accident must be towed due to damage sustained

If a law enforcement officer responds to the scene and files a report, drivers are still required to submit an Oregon Traffic Accident and Insurance Report to the Oregon Department of Motor Vehicles (DMV).

Filing accident reports

Drivers must file an Oregon Traffic Accident and Insurance Report within 72 hours of the accident if the above conditions are met. The report should include the driver’s personal and license details, vehicle information, insurance information, contact details of all involved parties, and a description of the crash, including road and weather conditions.

The report can be filed through the following methods:

• Email: Send the completed report to OregonDMVAccidents@odot.oregon.gov
• Fax: Submit the report to the DMV Crash Reporting Unit at 503-945-5267
• Mail: Mail the completed form to:

DMV Crash Reporting Unit
1905 Lana Ave NE
Salem, OR 97314

Drivers must keep a copy of their report, as the DMV cannot provide duplicates.

How to access accident reports

Accident reports are vital for legal claims, insurance processes, and personal records. Depending on the circumstances of your accident, reports can be accessed as follows:

• Police department: If a law enforcement officer filed a report, contact the responding agency for access. Many of these agencies may have online portals where you can request reports, that detail the fees you have to pay to obtain them
• DMV records: While the DMV cannot provide a copy of the Oregon Traffic Accident and Insurance Report, related records may be available through the DMV

Additional considerations

Hit-and-run incidents: If the other driver flees the scene, report the incident to law enforcement immediately and provide any identifying details.

Collisions with wildlife or unattended property: Notify the property owner or law enforcement and document the damage.

Failure to report an accident as required can lead to severe penalties, including license suspension and fines. For more information, refer to the Oregon DMV Accident Reporting Page.

Compensation Limits

Economic damages: Oregon does not impose a cap on economic damages in car accident cases. Victims can seek full recovery for quantifiable financial losses, including past and future medical expenses, property damage, lost wages, and future earning capacity. However, the amount recoverable may be limited by the at-fault driver’s insurance policy limits. If damages exceed these limits, victims can explore their own uninsured/underinsured motorist (UM/UIM) coverage or file a lawsuit directly against the at-fault driver.

Non-economic damages: Oregon places a cap of $500,000 on non-economic damages for claims involving injuries, such as pain and suffering, emotional distress, or loss of companionship or consortium. This limit applies broadly to personal injury cases but excludes wrongful death claims.

Medical malpractice cases: Non-economic damages are capped at $350,000.

Punitive damages: Punitive damages are generally not awarded in Oregon car accident cases. In particular, claims against public entities under the Oregon Tort Claims Act explicitly prohibit punitive damages (ORS § 30.269). 

Claims against government entities: For accidents involving government vehicles or employees acting within their official duties, the following caps apply under the Oregon Tort Claims Act:

• Personal injury or death: $1.1 million per claimant and $2.2 million total per accident
• Property damage: $126,300 per claimant and $631,500 total per accident

These limits are adjusted annually based on inflation.

Special considerations:

• Modified comparative negligence rule: Victims can recover compensation only if their share of fault is 50% or less. Compensation is reduced proportionally to the claimant’s degree of fault. For example, if a claimant is found 20% at fault in an accident with $100,000 in damages, their recovery would be reduced to $80,000
• Seatbelt nonuse: Awards may be reduced by up to 5% if the injured party was not wearing a seatbelt (ORS § 31.760)
• Government claims: Victims must file a notice of claim within 180 days for injury cases or one year for wrongful death claims

For more detailed information, refer to the Oregon Revised Statutes.

Medical Coverage Considerations

Navigating medical coverage after an auto accident in Oregon involves understanding the state’s insurance requirements and the options available to address healthcare expenses. From Personal Injury Protection (PIP) coverage to government assistance programs, there are multiple resources to help manage accident-related medical costs.

Personal injury protection (PIP): Oregon requires all auto insurance policies to include PIP, a no-fault coverage that pays for medical expenses regardless of fault. The minimum PIP coverage is $15,000, though higher limits may be available depending on your policy., and this covers you whether you are the driver, a passenger, or a pedestrian involved in the accident. It includes ambulance services, hospital stays, surgeries, and physical therapy. Additional benefits may cover lost wages, domestic assistance, and childcare. Keep in mind that PIP covers medical expenses for up to two years from the accident date or until the coverage limit is reached.

Health insurance: Health insurance serves as secondary coverage once PIP benefits are exhausted. It can cover deductibles, co-pays, and other remaining medical costs. However, insurers often require reimbursement (subrogation) from any settlement or award you receive.

Uninsured/underinsured motorist coverage (UM/UIM): If the at-fault driver lacks adequate insurance, UM/UIM coverage on your policy can help cover medical bills and other damages. This optional coverage provides a safety net in cases of insufficient or non-existent liability insurance from the other party.

Medical liens and subrogation: Healthcare providers may place liens on your settlement to ensure they are reimbursed for services rendered while allowing you to continue with treatment uninterrupted. Insurers, including Medicare or Medicaid, can recover funds spent on accident-related medical expenses from your settlement. Thus, negotiating lien amounts can significantly affect the compensation you retain.

Government assistance programs: For eligible individuals, government programs such as Medicaid, Medicare, or the Oregon Health Plan (OHP) can provide additional financial support:

• Medicaid/OHP: Offers comprehensive medical coverage for low-income residents. Recipients must report accident-related injuries to ensure proper claims processing and avoid penalties
• Medicare: Covers medical expenses for individuals over 65 or with qualifying disabilities. Any settlement must account for Medicare reimbursement

Important considerations:

• Timely treatment: Seek immediate medical care to ensure your health and document injuries for insurance or legal claims
• Detailed records: Maintain thorough documentation of medical expenses, insurance claims, and treatment details to streamline reimbursement and settlement processes
• Legal guidance: A personal injury attorney can assist in managing insurance claims, negotiating medical liens, and ensuring compliance with legal obligations

Unique Local Factors

Oregon’s diverse geography and weather conditions create distinct challenges for drivers, from dense urban centers to rural highways and mountainous terrain. Being aware of these factors can help mitigate risks and ensure safer travel across the state.

• Weather and road conditions: Oregon’s climate varies significantly across regions, influencing driving conditions throughout the year
• Rain and wet roads: Frequent rainfall, particularly in the Willamette Valley and coastal areas, leads to slick roads and reduced visibility. Hydroplaning is a common risk
• Snow and ice: In winter months, areas like the Cascades and eastern Oregon experience snow and icy conditions, requiring snow tires or chains
• Fog: Coastal and valley regions often experience dense fog, reducing visibility and increasing the risk of collisions
• Landslides and flooding: Heavy rainfall can trigger landslides in hilly areas and localized flooding, particularly on rural and forested roads 

Drivers should monitor weather updates, prepare vehicles for seasonal conditions, and exercise caution in adverse weather.

Traffic and tourism hazards: Oregon’s mix of metropolitan areas, scenic byways, and tourist hotspots presents unique traffic challenges.

• Urban congestion: Cities like Portland and Eugene experience heavy traffic, especially during rush hours on major highways such as I-5 and I-205
• Rural highways: Remote highways with limited lighting and high speed limits increase collision risks, particularly at night
• Tourism destinations: Popular spots like Crater Lake, Mount Hood, and the Oregon Coast attract visitors unfamiliar with the terrain, leading to slower traffic and heightened accident risks

Drivers are encouraged to plan routes in advance, remain alert in high-traffic zones, and use alternate routes during peak tourist seasons.

Local Resources & Contacts

State agencies:

• Oregon Department of Transportation (ODOT): Offers real-time updates on road conditions, closures, and traffic incidents 
  • Website: https://www.oregon.gov/odot 
  • Phone: (503) 986-4000
• Oregon Division of Financial Regulation: Provides guidance on auto insurance requirements and handles complaints
  • Website: https://dfr.oregon.gov  
  • Phone: (888) 877-4894

Oregon State Police (OSP): Handles accident reporting, traffic enforcement, and crash investigations.

• Website: https://www.oregon.gov/osp        
• Phone: (503) 378-3720

Consulting an Oregon personal injury attorney: Experienced personal injury attorneys can assist with Oregon’s modified comparative negligence system, uninsured motorist claims, and medical lien negotiations. They help victims maximize compensation for medical expenses, lost wages, and pain and suffering. Many attorneys offer free consultations to evaluate claims.