Car Accident Claims in Oregon

A driver who is physically able must immediately notify a police officer or law enforcement agency, by the quickest means available, after a collision that causes injury or death (anywhere), or a collision on a highway or premises open to the public that causes more than $2,500 in property damage — specifically when the driver's own vehicle has more than $2,500 damage, when non-vehicle property is damaged, or when any vehicle must be towed. If the collision causes serious injury or death, calling the emergency communications system (9-1-1) immediately satisfies this duty. If the driver cannot report, a passenger must. Failing to report is a Class A traffic violation.

For a collision causing injury or death, or more than $2,500 in property damage (the driver's own vehicle over $2,500, damage to non-vehicle property, or any vehicle towed from the scene), the driver must complete a collision report on a form approved by the Oregon Department of Transportation (DMV) and submit it within 72 hours, along with proof of insurance (financial responsibility). This is required even if police were notified. Failure is a Class B traffic violation. If someone else was driving and does not report, the owner must report as soon as they learn of the crash; a passenger may have to report if the driver cannot. Cities may require additional reports.

A driver who knows or has reason to believe they were in a collision must stop immediately and investigate what they struck. If anyone is injured or killed, the driver must stay, give their name and address, the owner's and occupants' names and addresses, plate number, insurance carrier, policy number and insurer's phone number, show their license number if asked, and give reasonable help to the injured (including arranging transport for treatment). If no one can receive the information, the driver must stay until police arrive (with limited medical/reporting exceptions); a driver who learns of an injury only after leaving must call 9-1-1 right away. Failing these duties is a Class C felony, or a Class B felony if someone suffers serious physical injury or dies. For property-damage collisions, the driver must exchange the same information or, for an unattended vehicle, find the owner or leave a written note; failing to do so is a Class A misdemeanor. A court may also order payment of the damages caused.

Minimum liability coverage is $25,000 for bodily injury or death of one person, $50,000 for bodily injury or death of two or more people in one accident, and $20,000 for property damage. Every private passenger auto liability policy must also include personal injury protection (PIP) benefits, including up to $15,000 in medical and related expenses per person.

Modified comparative negligence (51% bar). An injured person can recover if their fault was not greater than the combined fault of the defendants and others the law requires the jury to compare (including people who settled); damages are reduced by the injured person's percentage of fault.

Two years for assault, battery, false imprisonment, or any other injury to the person not arising from a contract. In addition, no action for negligent injury to a person or property may be filed more than 10 years after the act or omission (statute of ultimate repose).

Six years for taking, detaining or injuring personal property (such as a car), and six years for trespass on or injury to an interest in real property. The 10-year outer limit for negligent injury to property also applies.