There are many drivers in Oregon who don’t have car insurance. Here’s what you need to know if you’re involved in an accident and the other driver didn’t have insurance coverage.
Oregon is a “Fault” Car Accident State
Like most states, Oregon is a “fault” car accident state.
This means that whoever is found to have caused the accident is responsible for any harm that results.
Penalties for Driving Without Insurance
If a driver is driving without insurance in Oregon there are fines that can range to thousands of dollars, their license can be suspended, their vehicle towed, and convictions can result in having to file proof of insurance with the DMV for three years.
No Pay, No Play Rule
Oregon is also a state with a “no pay, no play” rule.
If you do not have auto insurance at the time of an accident and if you’re struck by another motorist, you are limited in what you can recover.
You cannot collect “non-economic” damages like pain and suffering. However, economic damages such as medical bills and lost wages will be covered. There are also exceptions to this rule which allow for recovery of non-economic damages, including the defendant driving while intoxicated or driving recklessly.
If you’ve been struck by an uninsured driver you’ll likely want to retain a personal injury lawyer.
The personal injury lawyer can review the facts of the case, collect information and support for the damages you’ve suffered and build a case against the Uninsured Motorist Coverage policy.
What to Do if You’ve Been Struck By an Uninsured Motorist in Oregon
If you’ve been involved in an accident, the first step is to call the police and exchange insurance information with the other driver.
As with any accident, but especially when dealing with an uninsured driver, you’ll want to collect hard copies of as many facts of the accident and subsequent damages as possible. Medical bills, visits with therapists, counselors, physical therapists, and other service providers, lost wages from work and any evidentiary support that can be used to collect damages.
Finally, you’ll want to retain a personal injury lawyer to review the case and assess what you’re entitled to. All Oregon Insurance policies contain Uninsured Motorist coverage. This means if you are struck by someone who is uninsured, you have insurance coverage through your own policy.