Car accidents are stressful, often leaving drivers overwhelmed and uncertain about their next steps. Understanding Oregon’s specific car accident laws is crucial, whether it’s navigating insurance claims or determining who was at fault.
This guide unpacks five key laws every driver in Oregon should know. From insurance requirements to filing deadlines, these insights will help you protect your rights and handle the aftermath of an accident with confidence.
Oregon Is a “Fault” State for Car Accidents
The first thing you should know is that Oregon uses a “fault” system for car accident claims. This means the driver who is determined to be at fault for the accident is financially responsible for any resulting damages. These damages can include medical bills, property repairs, and other expenses incurred due to the crash.
What Does This Mean for You?
Being in a fault state means you have three options to seek compensation after an accident:
- File a claim with your insurance company.
- File a claim with the at-fault driver’s insurance provider.
- File a personal injury lawsuit against the at-fault driver.
It’s critical to preserve evidence, such as accident reports, witness statements, and photos, to prove liability. Acting promptly strengthens your case when negotiating with insurance companies or pursuing legal action.
Oregon Requires Personal Injury Protection (PIP) Insurance
Oregon law mandates that all drivers carry Personal Injury Protection (PIP) insurance, also known as no-fault insurance. This coverage is designed to pay for your medical expenses and loss of income, regardless of who caused the accident.
What Is Covered by PIP?
- Up to $15,000 in medical expenses for injuries sustained in the accident.
- Up to 70% of lost wages or $3,000 per month (whichever is less) for a maximum of 52 weeks.
- Additional costs related to essential services, like childcare, if you’re unable to perform them due to injuries.
While PIP is required, it’s often insufficient for the full scope of expenses resulting from a severe accident. That’s why understanding your legal options for additional compensation is essential.
The Statute of Limitations
If you’re considering filing a lawsuit after a car accident, timing is critical. Oregon’s statute of limitations sets the maximum time you have to initiate legal proceedings.
Key Deadlines in Oregon:
- Personal Injury Claims: You have two years from the date of the accident to file a claim for injuries.
- Property Damage Claims: You have six years from the date of the accident to file claims for vehicle repair or property damage.
Failing to act within these timeframes can result in losing your right to pursue compensation, even if your claim is valid. To avoid missing deadlines, consult a personal injury lawyer as soon as possible.
Comparative Negligence Rules
Oregon follows a “comparative negligence” rule, which means fault can be shared between multiple parties. If you’re partially at fault for an accident, your compensation will be reduced by the percentage of fault assigned to you.
How Does This Work?
For example, imagine you were 25% at fault for an accident, and your total damages amount to $20,000. Under comparative negligence, you would only recover 75% of your damages, or $15,000.
However, if you are found to be more than 50% at fault, you won’t be entitled to any compensation. This makes it even more important to gather evidence and seek legal advice to contest claims of negligence.
Reporting Requirements After an Accident
Oregon law has specific requirements regarding when and how you must report a car accident. If you’re involved in a crash that results in significant damage or injury, you’re required to file an Oregon Traffic Accident and Insurance Report with the DMV within 72 hours.
When Are You Required to File?
You must report the accident if any of the following apply:
- Damages exceed $2,500 to any vehicle or property.
- Any person involved in the accident sustains injuries or dies.
- The vehicle is towed from the accident scene.
Failing to report a qualifying accident can result in fines, license suspension, or other penalties. Keep copies of your report and ensure your insurance provider has a record as well.
Navigating Oregon Car Accident Laws with Confidence
Understanding Oregon’s car accident laws isn’t just about following the rules. It’s about protecting yourself, your finances, and your legal rights. Whether you’re seeking compensation from an at-fault driver or dealing with your own insurance company, knowing these five key laws will help you make informed decisions.
If the legalities of car accident claims feel overwhelming, don’t worry. Consulting an experienced personal injury lawyer can provide clarity and guidance every step of the way. Protect your rights, preserve evidence, and act within legal timeframes to ensure your best possible outcome.
For drivers in Oregon, being prepared means being protected.