Oregon Car Accident Law

Oregon Car Accident Fault

Oregon has adopted the Proportional Comparative Fault at 51% standard of negligence. Proportional Comparative Fault at 51% means that if the injured party is 51% or more at fault for the car accident, he is absolutely barred from recovery for the other driver’s negligence.

OREGON CAR INSURANCE REQUIREMENTS AND LIMITS

Oregon Bodily Injury Liability Minimum Coverage

Personal Injury (single passenger): $25,000 in coverage for injury to an individual.

Personal Injury (multiple passengers): $50,000 in coverage for the driver and passengers in the car at the time of the accident.

Property Damage: $10,000 of minimum coverage.

Oregon Small Claims Limit: Car accident claims under $7,500 should be filed in Small Claims Court.

Oregon Personal Injury Statute of Limitations: The statute of limitations for personal injury claims in Oregon is 2 years from the date the injury occurred, or the time the injury was discovered if it could not have been immediately discovered.

Oregon Statutes Online: Oregon Revised Statutes § 55.011 (Small Claims Limits and Procedures); Oregon Revised Statutes Ch. 12, §§ 12.110, 12.115, 12.120 (Personal Injury Statute of Limitations); Oregon Revised Statutes § 806.010 (Insurance Requirements).

OREGON CAR ACCIDENT REPORTS

Oregon Police Reports: To obtain a copy of a car accident report filed by the police with the Oregon Department of Public Safety, complete a Records Request and Consent to Release form and mail it to the Oregon Department of Public Safety. Car accident report requests cannot be made by telephone or email. Oregon law (Oregon Revised Statutes 802.2220(5)) prohibits the DMV from providing you with a copy of the car accident report you filed with the DMV.

DMV: You must submit an Oregon Traffic Accident and Insurance Report (Form 735-32) to the Oregon Department of Motor Vehicles within 72 hours of the car accident if the car accident results in injury, death, or more than $1,500 in damages. You are required to submit an Oregon Traffic Accident and Insurance Report even if your car is the only motor vehicle involved in the car accident and even if there is also a police report. A police report does not satisfy your requirement to file an accident report with the DMV.

Insurance Notification: You should promptly notify your auto insurance company of a car accident. Additionally, your auto insurance company may have specific notification requirements, so you should check your insurance policy for these notice requirements.