What Happens If the Person at Fault in an Accident Has No Insurance in Oregon?

Oregon is an at-fault state for cases of automobile accidents, which means that the driver responsible for the collision or accident is responsible for any injuries, damages, or losses resulting from the accident. Where an at-fault driver is uninsured or driving a vehicle not under a motor vehicle liability insurance policy, they may face fines, fees, and other additional legal penalties. Likewise, an uninsured at-fault driver is personally liable to the injured party. The injured party who is not at fault can sue for damages, but may need to pay out-of-pocket medical bills until the at-fault driver pays. Driving without insurance constitutes one of the more serious Oregon traffic violations and infractions. It may result in suspension of driving privileges, civil penalties, and increased exposure to lawsuits for damages caused in an accident.

Is It Illegal To Drive Without Insurance In Oregon?

Yes. Driving without insurance in Oregon and operating a motor vehicle on any highway is an offense as stated in ORS § 806.010. Any person who is involved in a motor vehicle accident at any time they violate the above section is subject to suspension of their driving privileges, and must file an SR-22 form with the Oregon Driver & Motor Vehicle Services and thereafter maintain proof of financial responsibility and compliance with the compulsory insurance laws for three years. An uninsured driver, if caught, can also face penalties like fines up to $1000 (ORS 153.018), and their vehicle may be impounded by law enforcement officers (ORS 890.720).

What Is the Minimum Insurance Requirement in Oregon?

The minimum insurance requirement in Oregon under ORS 806.870 is as follows:

• $25,000 for bodily injury to or the death of one person in any one accident;
• In consideration of the limit for one person, $50,000 for bodily injury to or the death of two or more persons in any one accident; and
• $20,000 for injury and destruction of the property of others in any one accident.
• $15,000 for personal injury protection
• $25,000 per person and $50,000 per crash for uninsured motorist coverage.

The law in Oregon mandates that all auto insurance policies include Uninsured Motorist (UM) bodily injury coverage. The policyholder may then choose to elect lower limits or waive the coverage in writing.

What To Do After A Car Accident With an Uninsured Driver in Oregon

When involved in a car accident with an uninsured at-fault driver in Oregon:

• Check everyone involved for bodily injuries and damages, and call 911 if anyone is hurt or injured.
• Call the police or law enforcement agency to report the incident, regardless of the severity or the situation.
• Ask for the driver's personal information, including the driver's name, contact information, license number, plate number, and description of the vehicle.
• Take video and photo evidence of the accident scene, damages, and injuries.
• Take note of the date, time, location, and moments leading up to the accident.
• Ask for information from eyewitnesses
• Do not admit fault
• Notify your insurance company within 30 days and let them know that the driver is uninsured. If the injured party has Personal Injury Protection (PIP) or UM Coverage, it can cover their medical bills and those of other injured passengers.
• Submit the Oregon Traffic Collision and Insurance Report (Form) to the DMV within 72 hours of the accident.
• Contact a personal legal attorney to seek legal advice on recovering damages.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

There are restrictions on recovering damages in Oregon for an uninsured driver. Oregon has what is called a No Pay, No Play rule (ORS 31.715). The restrictions under this rule are that a plaintiff driver or motor vehicle owner may not recover noneconomic damages in any action for injury and death arising out of the operation of a vehicle if the plaintiff was driving uninsured at the time the injury or death occurred. This means the uninsured injured driver can only pursue economic damages like property damages, medical bills, and lost wages, but not compensation for pain, suffering, and emotional stress.

Furthermore, an insured driver, though not at fault, has still committed an offence punishable with fines, suspension of driving privileges for three years, and having their car impounded.

Can I Sue an Uninsured Driver in Oregon?

Yes, an injured party can file a lawsuit. The party suing must prove that they are not at fault for the accident. To build a strong case, the injured party ought to provide a police report, Collision/Accident Report from the Oregon DMV, medical evidence, proof of lost wages, photo and video proof of injuries and property damage, receipt for out-of-pocket expenses, proof of communication with their insurance company, and witness testimonies.

Uninsured Motorist claims are usually handled through arbitration in Oregon. Still, where this does not work and the aggrieved party has exhausted all other legal remedies, they may file a lawsuit with the small claims court (where the amount sought in damages is below $10,000) or a civil court for money and property worth over $10,000.

Note that the statute of limitations for personal injury suits for car accidents is two years from the day of the crash (OR Rev Stat § 12.110).

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Oregon?

Personal Injury Protection (PIP) and Uninsured and Underinsured Motorist Coverage are insurance protections required in auto insurance policies in Oregon to substitute coverage for personal injury liability when the person is injured in an accident through the fault of an uninsured driver.

PIP will cover a person personally insured, a passenger in an insured vehicle, or a pedestrian struck by an insured vehicle. The insurance will pay $15,000 for all necessary medical bills incurred within one year of the accident, 70% of income loss due to disability for at least 14 days or $3000 monthly for a combined period of 52 weeks for inability to work due to disability from the accident, amongst other benefits. PIP will also pay benefits of $5,000 for reasonable and necessary funeral expenses if the person dies in an accident (ORS 742.524).

What Is Uninsured Motorist Coverage in Oregon?

The law in ORS 742.505 requires that motor vehicle liability policies insuring against loss resulting from bodily injury or death arising out of owning a vehicle shall include in the policy uninsured motorist coverage. Uninsured motorist liability coverage must have the same limits as a motor vehicle injury liability policy, unless the insured elects a lower limit in writing. Uninsured coverage in Oregon must also include underinsurance coverage. The purpose of this coverage is to protect the insured and help them or their heirs recover damages for bodily injury or death caused by an accident caused by an uninsured motorist or driver.

What If I Don't Have Uninsured Motorist Coverage in Oregon?

Usually, when involved in an accident with an uninsured at-fault driver, the injured party must file a claim with their insurer to cover their medical bills up to the limit of their policy under the UM coverage or PIP. Unfortunately, the insurer can deny the claim, or the payout may be insufficient to cover the actual medical bills, or the victim may not have uninsured motorist coverage.

Here, the injured party can file a lawsuit to recover their medical and other personal expenses, plus compensation for property damage. Persons who have been victims of a drunk driver may be eligible for compensation under the Oregon Crime Victims' Compensation to ease the financial burden.

How Do I Get Compensation from an Uninsured Driver in Oregon?

To get compensation from an uninsured driver in Oregon, the injured party must first try all means to resolve the issue out of court before filing a claim or lawsuit. A claim may be brought before the small claims or civil court. The injured party must make a good effort to collect their compensation owed before approaching the court. Once you file your claim at the court clerk's office, it will be served on the defendant, who has 14 days to file a response. If they fail to respond within that time, the plaintiff may request a default judgment against the at-fault defendant driver, including the cost of their legal and filing fees.

How Much Can You Recover From an Uninsured At-Fault Driver in Oregon?

Since Oregon operates an at-fault system, the driver who caused the accident is responsible for all resulting damages unless both drivers are negligent. Then it will be less by the percentage of the injured party's negligence. Whatever percentage the PIP and UM Coverage does not satisfy, the injured party can sue the at-fault driver with respect to that. However, most uninsured drivers are uninsured due to their precarious financial conditions and may be unable to pay the court-ordered fees.

Where the damages are not severe, the party may consider filing an action in the small claims court, as it is simple and does not require lawyers. The maximum amount that can be filed for in this court is $10,000.

How To Find Out If the At-Fault Driver Has Insurance in Oregon

The law in Oregon requires that motor vehicle owners or operators carry proof of their insurance coverage while driving. There are three main ways to determine if a driver has insurance:

• Ask at the scene of the accident. If they fail to provide proof, the injured party may contact the police department that responded to the accident to confirm the at-fault driver's insurance information. Likewise, the injured party must file a Collision Report with the DMV and also report the vehicle as uninsured.
• Another way to find out is when a driver involved in a collision informs their insurance company of the accident, the insurer will file a claim on their behalf and investigate the at-fault driver's insurance status and coverage.
• During litigation, the at-fault driver will be required to tell the truth under oath during interrogation and requested to produce proof of financial responsibility, which they must present.

Are Accidents Public Record in Oregon?

According to the Oregon Public Records Law, police reports are considered public records within the state. Accident records may be public, but are generally restricted. Accident/Collision reports in the custody of the Oregon Department of Motor Vehicles are restricted under the Oregon Record Privacy Law. Nonetheless, interested persons may contact the police department that responded to the accident to request a copy of the police report.

Can You Go to Jail for Causing an Accident Without Insurance in Oregon?

In Oregon, driving without insurance, an offense under ORS 806.101, is classified as a Class B traffic violation and not a crime. Thus, a jail term is not a penalty under that section. However, a person who has been penalized for this offense may be later sentenced to a jail term for falsification of proof of financial responsibility (ORS 806.050), driving with a suspended or revoked license (ORS 811.175), or for engaging in a hit and run, or driving under the influence as an uninsured driver. These offenses are separate criminal misdemeanors and felonies that incur serious penalties and longer jail or prison time.

Can You Settle With an Uninsured Driver Out of Court in Oregon?

Yes. In Oregon, uninsured motorist complaints are usually sorted by means of arbitration. The parties may also decide to settle privately, and such agreements are considered legally binding contracts. However, they must be written and satisfy the basic requirements of a valid and enforceable contract in the state of Oregon.

Can I Get Compensation If I Was Partially at Fault?

Oregon is a modified comparative negligence state. In line with section 31.600 of the Oregon Revised Statutes, contributory negligence does not prevent the injured party from recovering damages for death, or injury to person or property if the fault of the claimant is not more than the combined faults of the other at-fault parties. Any damages allowed, therefore, shall be reduced by the amount or percentage of fault attributable to the claimant.