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Oregon Auto Insurance Claim Laws

Are you trying to find out more about Oregon state laws around auto insurance claims? Some of the legal texts can be difficult to read and decipher. To help you learn some fast facts about Oregon auto insurance laws, here are some common laws. These are handy to know in the event of an accident or auto injury. However, before you take any steps following an auto accident we recommend you consult with a personal injury attorney. A personal injury attorney will be able to review the facts with you. Furthermore, they’ll pursue the maximum amount in damages you require before reaching a settlement. A personal injury attorney will also help you navigate a lawsuit against the other driver and/or their insurance if necessary.

Oregon is a “Fault” State

Depending on the state you reside in, you may live in a “fault” or a “no-fault” state. Oregon is the former, which is the more traditional legal system for handling auto accidents.

In this case, “Fault” refers to who shoulders the financial responsibility for losses that come from an accident. This can cover injuries, loss of wages, vehicular damage, counseling and more. In this case, the person at fault for causing the car accident is also responsible for any resulting harm that comes from the accident.

You Must Report An Accident Within 72 Hours

The first step you must take after being involved in an accident is to report it. You’ll need to notify the Department of Transportation within 72 hours of the accident. This is found in the Oregon Revised Statutes, Section 811.725. At that time, you’ll also provide evidence of insurance and other necessary forms as required.

A Statue of Limitations Applies to Accident Cases

If you plan to file a lawsuit because of a car accident, you’ll have to do it sooner rather than later.

A statute of limitations relating to personal injury in Oregon applies here. If you’re filing a lawsuit relating to personal injury from an accident, you must do it within two years. If you don’t meet this deadline, you’ll lose the ability to sue. That’s not all though! When you lose this ability, insurance companies don’t have much reason to pursue a settlement with you.

The Insurance Company Does Not Choose Where You Get Your Vehicle Repaired

During negotiations and proceedings with the car insurance company, they may strongly imply that you must get your car repaired at a shop in their network. Please note that this is not true, and while you can work with a preferred shop of theirs if you are so inclined, you ultimately have a say in where your car is repaired.

What Minimum Coverage Policies Mean For You

In Oregon, you must carry minimum coverage of $25,000 per person, $50,000 per claim with your insurance.

This ensures that if you get into an accident, your insurance company will pay out up to $25,000 per person injured in the other car, with a maximum of $50,000 paid out to any occupants for the accident. However, if you’ve ever been in a serious accident you know that $25,000 doesn’t usually cover a car repair or replacement, medical bills and loss of wages.

So what does that mean if you’re in an accident and your losses total to over $25,000? Well, you’ll probably have to sue the other driver for the remainder or consider carrying a policy that has higher limits yourself. The reason to invest in insurance coverage with a larger payout is that oftentimes the more expedient way to deal with insurance is filing a claim with your provider. Your insurance company can pay out upfront and then sue the other driver’s insurance company for payment. If you have higher limits on your own policy you have a much greater chance of coverage for the things you need while leaving your insurance company to duke it out with the other driver and their insurance.

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