If you’ve been in a car crash in Oregon, you might be wondering whether it’s a no-fault state and how that affects your insurance and legal rights.
Oregon’s legal system for motor vehicle personal injuries is based on fault. While Oregon does require a limited amount of no-fault Personal Injury Protection (PIP) auto insurance coverage, Oregon is not a no-fault state. In Oregon, a person wrongfully injured by a driver has the burden of proving that the driver was negligent (or worse) in order to recover fair compensation for their injury losses. PIP is intended to help you cover some medical bills and lost wages after a crash, but you can still make an insurance claim against the other driver’s insurance, or file a lawsuit against the at-fault driver for your full losses.
Knowing how fault is determined and how insurance works in Oregon is helpful if you’re injured in a crash. Steps such as reporting the collision, using your PIP coverage, securing evidence, and understanding your legal rights can make a major difference.
What Does “No-Fault State” Mean?
A no-fault legal system means that an injured person does not need to prove fault in order to seek compensation for their losses. An example of a legal system that is supposed to be no-fault is workers compensation. In theory, a worker injured on the job should have the right to seek workers compensation benefits, without needing to show that their employer, co-employees, or anyone else was at fault.
We are not aware of any state that has a fully no-fault legal system for motor vehicle crash injuries. Most states, including Oregon, instead have some limited provisions for no-fault auto insurance coverage, typically to help with some medical bills and income loss after a crash, no matter who caused the crash.
In Oregon, as in most states, each driver’s auto insurance policy includes Personal Injury Protection (PIP) coverage, which pays for a limited amount of medical costs, lost income, and sometimes essential services after a crash. PIP coverage, when available, applies no matter who was at fault. The maximum amount of PIP coverage that may be available depends on the level of coverage purchased as part of the auto insurance policy.
What’s the difference between a no-fault and a fault-based legal system?
The difference between a no-fault and a fault-based legal system is what the injured person must prove in order to be eligible for compensation. A truly no-fault legal system for motor vehicle crash injuries would not require the injured person to show that anyone was at fault for causing the crash.
In the limited no-fault auto insurance system in Oregon, the driver’s (and if you are a passenger, sometimes your own) insurance pays for a limited amount of your medical expenses and lost income, no matter who was at fault in causing the crash.
In the normal fault-based legal system that has been used for centuries in America, the at-fault driver who wrongfully caused the crash can be held legally responsible for the harm and losses they caused.
Under either a no-fault, partially no-fault, or a fault-based system of compensation, there is still always an adversary relationship between the injured person seeking compensation and the source of the potential compensation.
Is Oregon a No-Fault State?
No, Oregon is not a no-fault state. Oregon follows a fault-based system, which means the driver who wrongfully caused the crash is legally responsible for paying for the damages.
However, Oregon does require drivers to have Personal Injury Protection (PIP) auto insurance coverage. After a crash, your own PIP coverage pays for a modest amount of your medical expenses and lost wages, regardless of who caused the collision. If you were a passenger, you might have PIP coverage from both the driver’s auto policy and from your own auto policy. If you were a pedestrian, under some circumstances, you may have PIP coverage under the auto insurance policy of the driver who hit you.
Oregon still allows people wrongfully injured in a motor vehicle collision to use the courts to seek full and fair compensation for their harms and losses, not just the limited categories and amounts covered by PIP. But doing so requires that they prove fault. Typically, that means showing who was negligent, but it sometimes can involve proving even worse behavior, such as driving while impaired.
Why do some people think Oregon is a no-fault state?
Some people think Oregon is a no-fault state because the law requires Personal Injury Protection (PIP) coverage on all private auto insurance policies. This can look like a no-fault system, but it’s not.
In Oregon, you can still make an insurance liability claim or bring a lawsuit against the at-fault driver. However, there is no “double dipping,” that is, being compensated for the same damages twice. The law can work in different ways in different cases, but ultimately, the goal is full and fair compensation (if there is enough insurance coverage or other assets), not overcompensation.
How Does Oregon Personal Injury Protection (PIP) Work?
Oregon Personal Injury Protection (PIP) is a type of car insurance coverage that pays for a limited amount of your own medical expenses, some of your income loss, and sometimes for some other expenses after a crash injury, no matter who was at fault.
Every private auto insurance policy issued in Oregon must include at least $15,000 in PIP medical coverage. PIP can help with:
- Medical bills for crash-related injuries
- Lost wages (up to 70% of income, capped at $3,000/month)
- Essential services (if you’re not employed outside the home)
- Funeral costs (up to $5,000, if necessary)
- Childcare costs (under specific conditions)
Can I sue the at-fault driver in Oregon even if I have PIP?
Yes, you can sue the at-fault driver in Oregon even if you have PIP coverage.
A lawsuit against the at-fault driver allows you to seek full and fair compensation, not just for the limited medical expenses and income loss covered by PIP. But the process makes sure that there is no double-recovery for the same damages.
How long do I have to file a personal claim in Oregon?
Adults generally have two years from the date of the collision to file a personal injury case in court against an at-fault driver in Oregon, but there are many variations and exceptions to this general rule of thumb.
If you miss these deadlines, you may lose your right to recover any compensation, even if the other driver was clearly at fault.
The deadlines and the exceptions are part of Oregon’s statutes of limitations for personal injury cases.
Who Pays for Losses After a Car Crash Injury in Oregon?
After a car crash injury in Oregon, your own PIP coverage pays for a limited amount of your medical bills (up to your PIP policy limits, which is always at least $15,000 for medical bills), a portion of your lost income, and sometimes some other limited items.
If someone else was at fault for causing the crash, you can seek compensation from their auto liability insurer. If that does not work, you generally have the right to seek full and fair compensation for your losses through the courts.
If both drivers share fault, Oregon follows a comparative negligence rule that allows you to win if you were not more at fault than the other driver, but your total compensation will be reduced based on your percentage share of the fault.
Keep in mind that the other party may or may not have enough insurance or other resources to cover the fair compensation amount.
What happens if I’m hit by an uninsured driver in Oregon?
If you’re hit by an uninsured driver in Oregon, you’re still protected under your Uninsured Motorist (UM) coverage, which is required by law for every private auto insurance policy issued in Oregon.
UM coverage is intended to protect you and your family. It is meant to help when the at-fault driver has no insurance, or you’re the victim of a hit-and-run accident. Every Oregon auto policy must include at least $25,000 per person and $50,000 per crash in uninsured motorist coverage. You normally can purchase higher UM limits, and many people who have experience in this area do so.
What Is Comparative Negligence in Oregon?
Comparative negligence in Oregon is a legal rule used when two or more parties share some blame for a personal injury.
If there are two drivers and each has some fault for causing a crash, Oregon allows the injured person to recover compensation so long as they are not more at fault than the other driver. However, your total compensation will be reduced by your percentage of fault.
For example, if the other driver was found to be 70% at fault and you were found to be 30% at fault, and your total damages were $100,000, you would still be entitled to try to recover $70,000 (a 30% reduction). But if the other driver was only 49% at fault and you were 51% at fault, you would not be entitled to any compensation.
Comparative fault is also used when there are more than two parties that share some blame.
The basic idea is to allow the jury to assign relative percentages of fault to each of the parties who are claimed to have some fault.
To give a simplified example, let’s say three drivers are involved. The jury might find that the other two drivers were each 30% at fault, and you were 40% at fault. Each of the other two drivers would generally be responsible for only 30% of your damages, and you would not get any compensation for the 40% assigned to you. Using the same $100,000 damages example, each of the other two drivers would be responsible for $30,000, for a total of $60,000.
How is fault proven in an Oregon car crash case?
In an Oregon car crash, fault is proven by showing who acted negligently by breaking traffic laws or other safety rules, causing the crash. In the relatively few personal injury cases that are actually tried, the jury decides fault after considering the evidence offered in the trial, the arguments of the attorneys, and the legal instructions given by the judge.
What happens if both drivers are equally at fault in Oregon?
If there are only two drivers, and each is equally at fault (each 50% responsible) for a car crash, the injured driver’s compensation would be reduced by their 50% share of fault.
If, for example, the injured driver’s damages were determined to be $100,000 and their fault was found to be 50%, after the end of the trial, the judge would reduce the damages to $50,000.
What to Do After a Car Crash in Oregon?
If you’re injured in a car crash in Oregon, it’s important to follow the proper steps to protect your health, your rights, and your ability to make a claim if the other driver was at fault.
- Check for injuries and call 911
- Stay at the scene and exchange driver information
- Take photos and gather evidence, such as witness names
- Generally, cooperate with any responding law enforcement personnel
- File a report with the Oregon DMV if there has been any injury or more than minimal property damage
- Notify your auto insurance company
- Apply for any needed PIP benefits
- Talk to a personal injury lawyer (optional but smart, particularly if injuries are serious).
How Can a Personal Injury Lawyer Help You?
A personal injury lawyer can be your most important ally if you are seriously injured in a car crash caused by someone else’s wrongful conduct. Here are some of the ways an attorney can help protect your rights and seek full and fair compensation for your losses:
- Communicate with insurance companies for you
- Gather evidence to prove fault and damages (losses)
- Help determine the likely “value” of your case
- Make claims to insurance companies on your behalf
- Negotiate with insurance companies
- File lawsuits and meet legal deadlines
- Help you through the litigation process
- Take your case to trial, if needed.
The general comments made above are intended for educational and informational purposes, and not to provide legal advice about any particular person or case.