How Car Accident Compensation Works in Oregon

Oregon is a “fault” or “tort” state for car accidents. That means the one who causes an accident is responsible for the damage they cause. To collect damages, you will typically file a claim with the at-fault driver’s insurance provider. 

Oregon applies a standard of “modified comparative fault” to car accident compensation. Fault is divided among all those involved, and compensation is reduced by a person’s percentage contribution to the crash. For example, if someone is 20 percent at fault in an accident, and they have $100,000 in damages, their compensation will be reduced by 20 percent to $80,000. If you are 51 percent or more at fault in a crash, you cannot file a claim. 

The insurance companies know that the more blame they can put on the victim, the less they must pay. A car accident lawyer can investigate the crash, collect evidence, and fight for what is right.

Every state has its own car insurance requirements. At minimum, Oregon requires drivers to carry a 25/50/20 liability insurance plan - $25,000 per injured person per crash, $50,000 total per crash, and $20,000 for property damage. Drivers also must purchase Personal Injury Protection (PIP), Uninsured Motorist (UM), and Underinsured Motorist (UIM) coverage. Oregon law sets the following minimum insurance requirements for drivers in the state:

• Bodily Injury (BI) pays for the injury expenses for others resulting from an accident you cause. It pays for economic damages like medical bills, rehabilitation services, and lost wages, among other things. Minimum coverage is $25,000 per injured person with up to $50,000 per accident.     
• Property Damage (PD) pays for damage to other people’s vehicles after an accident you cause. Minimum coverage is $20,000. 
• Personal Injury Protection (PIP), otherwise known as “no-fault insurance,” helps pay for medical costs, partial missed wages, replacement services (like childcare), and funeral expenses. This coverage pays out no matter who is at fault in a crash. You, the members of your household, passengers in your vehicle, and pedestrians struck by your vehicle are all covered. In general, minimum PIP coverage is $15,000.
• Uninsured Motorist Bodily Injury (UMBI) pays for your injuries if you are involved in an accident caused by an uninsured driver. The minimum coverage is $25,000 per injured person per accident and $50,000 total per accident. The policy does not cover property damage. 
• Underinsured Motorist Bodily Injury (UIMBI) coverage pays for injury expenses you have incurred through an accident in excess of an at-fault driver’s liability insurance policy and your own UM policy limits. You may have this coverage if you purchased a car insurance plan over the minimum required. UIMBI does not cover property damage.

Including:  

• Collision pays to repair physical damage or replace your vehicle after an accident. Lenders often require drivers to purchase this insurance as a condition of their car loans.    
• Comprehensive pays for physical damage to your vehicle that occurred due to things other than a collision like vandalism, fire, and theft, for example.     
• Uninsured Motorist Property Damage (UMPD) pays for damage to your vehicle caused by an uninsured motorist. This type of insurance is like collision coverage but may be a good option for those with high deductibles or no collision coverage. 
• Medical Payments (Med Pay) helps pay for medical expenses you incur after an accident regardless of fault. 
• Loan/lease Payoff (Gap coverage) is useful if you have a loan on your vehicle. This policy helps pay for the difference between your vehicle’s value and how much you still owe on it after a crash.
• Rental Reimbursement pays up to a limited amount toward vehicle rental and transportation expenses while your vehicle is being repaired.     
• Roadside Assistance pays for costs, usually up to a specific limit, if your vehicle becomes disabled on the side of the road, aka towing and labor coverage. 

The amount of insurance that is readily available is one of the most important factors in a car accident claim. An attorney can identify liable parties and sources of insurance compensation that apply to your case and calculate a compensation package that places the highest value on your health and comfort. They understand the stakes are high and negotiate aggressively for top results.

After a car accident, getting the money you deserve might be difficult, but you typically don't need to file a lawsuit to achieve success. Most car accidents are resolved through the claims process during negotiations between your lawyer and the insurance company. However, there are scenarios in which you may want to consider filing a car accident lawsuit in Oregon:

• No agreement. Sometimes negotiations break down. If the insurance company won’t make you a substantial settlement offer, your attorney can file a lawsuit to demand payment. 
• Your damages exceed policy limits. Once you have collected maximum compensation from the available insurance policies, you can file a lawsuit against the at-fault driver or at-fault parties for the rest of your damages. 

In Oregon, injured car accident victims typically have 2 years to submit a claim or lawsuit for bodily injuries. You have 6 years to file a property damage claim or lawsuit. Your claim or lawsuit will probably be dismissed if this statute of limitations has passed.

Every accident is different, but the factors that determine compensation are usually the same: injury type and severity, your average wages, pain and suffering, and fault. There are basically two types of damages - economic and non-economic. 

• Economic damages are losses with pre-determined value like medical expenses, lost wages, property damage, replacement services, disability equipment and modifications, as well as recovery treatments like physical therapy.
• Non-economic damages are losses without an established value like pain and suffering, loss of consortium, loss of enjoyment. 

Experienced Oregon car accident lawyers know how to start investigating crashes right away to build you the strongest case possible. They know how to find and preserve evidence and file the necessary documents to obtain more information. 

What if the other driver doesn’t have insurance?  

UM is required in Oregon. If you are hit by an uninsured driver, you will likely file a first party claim with your insurance provider. Your UM benefits can also be applied to damages from hit-and-run accidents and "phantom vehicle" crashes, in which it can be assumed the driver did not have insurance.

Studies show that people who consult attorneys, on average, collect more in damages than those who do not. An experienced Oregon car accident lawyer can keep your case moving forward while you focus on healing. Personal injury and car accident lawyers work on contingency. That means there is no upfront or out-of-pocket expense for their services. If they don’t win, you don’t pay. Contact an attorney in your area today for a free consultation and to learn more about your compensation options.