The Guide To No Fault Laws in Oregon
In the United States, auto insurance laws vary from state to state. People often wonder if Oregon is a “no fault” state . Oregon, like most states, requires vehicle owners and drivers to maintain certain amounts and different types of insurance coverage. Car insurance is certain to play a role in any claim after a traffic accident has taken place. So, let’s go over the specific penalties for driving without insurance in Oregon and how the coverage you choose affects a car accident case. Knowing the laws that are specific to your state can be very helpful when purchasing insurance or if you happen to be involved in an accident yourself.
What does it mean to be a no fault state?
When it comes to auto accidents, a state can choose to be a no fault, a liability state or a combination of the two. In a “no fault” state, regardless of who caused the accident, everyone involved is required to file a claim with their own insurance. This means that drivers have insurance to only cover their own injuries and damage instead of having insurance to pay out to the other party involved. In most “no fault” accident states, drivers are required to have personal injury protection coverage as part of their auto insurance policy.
Is Oregon a “no fault” state?
Oregon is not a “no fault” state. Oregon follows a “fault” based system. In Oregon, the person who was “at fault” for causing the accident is responsible for any damages or harm resulting from the accident. This would include injuries, damage to vehicles, lost income, etc. In other words, whoever is at fault, is also responsible for the damages caused by the accident.
Oregon Auto Accident Laws
If you’ve been injured or your vehicle has been damaged in an Oregon traffic accident, you need to be aware of a few key state laws that may have a big impact on your car accident claim. Understanding your state’s liability auto insurance requirements and their coverage will put you ahead of the game.
● Statute of Limitations in Oregon
A “Statute of Limitation” is a state law that sets a strict time limit on your right to bring your lawsuit to court. This law doesn’t apply to car insurance
claims. With that said, any insurance company is going to expect you to make a claim within a reasonable amount of time.This would likely mean a few weeks at most.
● Two Year Deadline
There is a two-year deadline for filing most auto accident injury lawsuits in the state of Oregon.
● Six-Year Time Limit
When filing most lawsuits for vehicle or property damage caused by a collision, there is a six-year time limit to file.
● Modified Comparative Fault
The modified comparative fault rule allows for financial recovery only when the claimant’s level of responsibility for causing the accident is less than that of the other party involved.
Oregon PIP (Personal Injury Protection) Limits
Personal Injury Protection (PIP) insurance is a mandatory form of auto insurance coverage for all drivers in the state of Oregon. Motorcyclists are the only exception as they aren’t required to carry PIP insurance. No matter who is at fault for an accident, personal injury protection insurance pays for your injuries.
Each PIP insurance policy is required to provide at least $15,000 of coverage per person involved in an accident. This coverage is used to take care of lost wages, medical bills, or other various costs stemming from your accident. When purchasing your policy, you can opt to upgrade to higher limits if you desire. $100,000 is typically the maximum amount per person. Personal Injury Protection insurance provides protection for:
1. Lost Income
2. Medical Expenses
3. Funeral Costs
4. Other expenses resulting from your injury
Reporting a Car Accident in Oregon
In Oregon, drivers must file an Oregon Traffic Accident and Insurance Report within 72 hours of any car accident. This will be the requirement if damage to any vehicle or other property amounts to more than $2500, a vehicle is towed from the scene, or an injury or death occurred.
A person who has been injured in any way because of an auto accident has 3 basic options to pursue.
● You can file a claim with your own insurance company, assuming your policy will cover the loss. It’s likely in this scenario that the injured person’s insurance company will pursue a claim against the driver at fault.
● Another option is to file a personal injury lawsuit in civil court against the driver at fault.
● Filing a third-party claim directly with the at-fault driver’s insurance carrier is a third option.
Car Insurance Requirements in Oregon
According to Oregon law here is a list of required minimum amounts of car insurance in Oregon:
● $25,000 liability coverage for bodily injury or death of one person in an accident caused by the owner/driver of the insured vehicle.
● $50,000 liability coverage for total bodily injury or death liability in an accident caused by the owner/driver of the insured vehicle.
● $20,000 liability coverage for property damage per accident caused by the owner/driver of the insured vehicle.
● $15,000 in personal injury protection coverage per person and
● Uninsured motorist coverage of $25,000 per person and $50,000 total per accident.
Liability coverage pays the medical bills, damage bills, property, and other costs of drivers, passengers, and pedestrians who are injured or have their vehicle damaged in a car accident you cause, up to coverage limits. It’s a good idea to carry more coverage to protect yourself in the event a serious injury occurs. Your liability coverage will cover you if any member of your family is driving your vehicle or you’ve given someone else permission to use it. Keep in mind that liability coverage doesn’t apply to your own vehicle damage or injuries. You’ll need additional coverage for that.
Uninsured motorist coverage protects you and your passengers if the at-fault driver has no insurance or if you’re involved in a hit and run. This coverage will not cover any vehicle damage.
Penalties and Fines for Driving Without Insurance in Oregon
We’re all aware that at any given time we may be driving alongside someone who isn't insured. So what happens if you get caught without insurance? In Oregon, you could be fined, have your vehicle towed, or even lose your driving privileges depending on the specific circumstances. If you are in fact convicted of driving without insurance, you’ll be required to file proof of insurance with the state’s DMV for three years. If you’re in an accident during this time and you aren’t insured, your driving privileges could be revoked for one year.
Conclusion on No-Fault Auto Insurance in Oregon
If you have questions about Oregon’s driving law or find yourself needing excellent legal representation, contact Shannon Powell at Powell Law. You won’t find a criminal defense attorney in the Beaverton area that will work harder to defend you. We represent anyone no matter the situation and we believe in justice for all. If you live in the Portland area and need an attorney, give us a call to get your free consultation.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
