Oregon

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Oregon Auto Insurance Laws

Oregon is a state famous for its rapidly changing weather. This is not often good news for its drivers. Unpredictable weather conditions can spell white-knuckle drives. 

Unfortunately, some Oregon drivers have become so accustomed to precarious driving conditions that they have become complacent about the need to exercise caution. The most common cause of Oregon vehicle accidents, according to Oregon auto insurance data, is drivers moving too quickly for road conditions.

It is vital that, as an Oregon driver, you have sufficient auto insurance coverage. Failure to do so could result in license suspension, hefty fines and/or vehicle confiscation.

Uninsured? Read Oregon Uninsured Motorist Laws

oregon auto insurance laws

Motor Vehicle Insurance in the State of Oregon

It is important that you have a at least the minimum of coverage specified by the state. According to Oregon law, you must carry no less than

  • Uninsured motorist coverage of $25,000/person and $50,000 per accident.
  • Personal injury protection of $15,000 a person.
  • $25,000/person and $50,000 per accident bodily harm Injury coverage.
  • Property damage coverage of $20,000 per accident.

Personal Injury Claims in Oregon

Personal injury protection insurance in Oregon is a minimum of $15,000. This covers the costs of reasonable and necessary medical, dental, and related expenses as a result of a vehicle accident.

insurance laws in oregon

Who is at Fault for an Accident in Oregon?

Oregon Auto Insurance Laws outline that the state is a fault plus personal injury protection jurisdiction. The insurance is kind of a no-fault/fault combination. This will determine whose insurance pays for which claims.

The auto insurance laws in Oregon mostly follow a “fault” system. The driver considered legally at fault for causing the accident by the investigating law enforcement officers is legally responsible for paying for all damages caused by the accident. 

It is important to know that the at-fault driver’s insurance is not a bottomless pit. It will pay only up to the amount for which the driver is insured. Oregon sets a minimum coverage. Drivers are encouraged to insure for amounts greater than the minimum. Should damages exceed the driver’s insurance coverage, then the driver who was deemed at-fault in the accident is personally responsible for the balance of the damages.

Now, let’s look at the “no-fault” part of Oregon’s automobile insurance. Drivers must carry a minimum amount of personal injuries. This covers your injuries during the first year after the accident. Oregon insurance law will allow you to bring a lawsuit against the at-fault driver. You can do this before your personal injury limits have been reached.

personal injury protection oregon

Does this sound complicated? Let’s look at an example:

A Portland driver was on 205N. Traffic forced this woman to come to an abrupt stop to avoid ramming vehicles in front of her. Unfortunately, the driver following her was not as quick to react. He braked hard and swerved. His car rear-ended hers.

The woman underwent treatment for her injuries but was not making a quick or full recovery.

An MRI revealed that she had herniated disks and needed back surgery.  Faced with these costs, the woman contacted an Oregon law firm that specialized in personal injury cases.

The attorneys got her the full amount allowed by the other driver’s filed a claim against her insurance company for the limit on her personal injury. Eventually, she was able to claim expenses totaling $150,000 from the fault and no-fault part of her and their insurance.

Insurance claims can be complicated. In order to ensure you get the compensation you need and deserve, it’s important to make sure you have a good attorney who specializes in personal injury insurance claims.

Not all Personal Injury Cases Go to Trial

If you are concerned that your personal injury case might be held up in the courts for months or even years, you should know that not all cases go to trial. There are three other ways you might receive compensation in an Oregon personal injury accident case.

That’s why it is vital to hire an Oregon personal injury lawyer. He/she will help you understand your options and guide you through the personal injury claims process. 

In Oregon, it is common for cases to be settled by negotiation, mediation, or arbitration, thus avoiding the time, labor, and cost of a trial.
Before the arbitration begins, both sides either agree to abide by the arbitrator’s decision or not. In some cases, the arbitration is just a way to get the arbitrator’s view before the trial, to let the lawyers get a sense of how the trial would progress. In most cases, however, the two parties will agree that the arbitrator’s decision is binding.

Why is it wise for all parties to consider other alternatives before going to trial?

Trials take a long time. That means the claimant may wait for months or years for the compensation he/she needs. Not only that, trials are very costly for all parties. Therefore, most cases are settled before a trial is the only alternative. 

If a case goes to trial usually personal injury attorneys receive a higher percentage of claims that are awarded. They must be compensated for their increased time spent on the case if it goes to trial. 

While there is often a bigger settlement if a case goes to trial, the time and expense thus incurred is often not worth it. There is also the possibility that as a claimant you could lose or receive lower settlement than was offered in negotiations, mediation, or arbitration. This is just another reason it is critical to hire a competent and experienced personal injury claims attorney.

Statute of Limitations for Personal Injury Claims

Personal injury claims have a deadline for submission. This is called a statute of limitations. In the state of Oregon, personal injury claims must be submitted no later than two years from the date the injury was sustained. In the case of a wrongful death suit, this must be submitted no later than three years after the date of the accident.

oregon insurance claim

Damage Caps in Oregon

Damage caps set a limit on the amount of compensation that a victim can receive in a civil court suit from a personal injury claim. Many states have damage caps. Oregon is one of them. Oregon has a $500,000 limit on personal injury claims. This does not include loss of work and other economic damages which may result from a personal injury.

Seek an Oregon Personal Injury Attorney

Before you file a personal injury claim as a result of an automobile accident where you were not at fault, be sure to consult an Oregon attorney who specializes in personal injury claims. If your lawyer feels you have a legitimate claim he/she will file your case with the Oregon court system.

When dealing with personal injury claims it is crucial to have the services of a law firm that specializes in personal injury claims. Your lawyer will work with you to establish fault and what damages can be claimed. When it comes to making sure you get fair treatment in Oregon Auto Insurance Laws, contact Ryan Hilts Law. For a free consultation or to set up an appointment.

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Driving Uninsured ORS

Driving Uninsured in Oregon

There is no reason to risk driving uninsured in this day and age. Getting insurance for your vehicle should be an utmost priority. The consequences of failing to get insurance for your car can be very costly in the long run, especially in states like Oregon.

Oregon is one of the 22 states that electronically monitors vehicles in order to verify their registration and insurance status. Each state has varied penalties for driving uninsured, but Oregon’s penalties are among the highest.

Uninsured? Read Oregon Uninsured Motorist Laws

Oregon Car Insurance Law

In accordance with Oregon’s Department of Transportation, all drivers within the state are required to present proof of liability insurance when they register their vehicle. Oregon goes further than just requiring drivers to have insurance, like most states, they require vehicle owners and drivers to maintain certain types and amounts of insurance coverage. Every state insurance standard is different, but Oregon’s are among the strictest.

Oregon State’s Car Insurance Standards:

Oregon law requires these minimums in insurance coverage:

  • Bodily Injury: $25,000 per person and $50,000 per accident
  • Property Damage: $20,000 per accident
  • Personal Injury Protection: $15,000 per person
  • Uninsured Motorist Coverage Bodily Injury: $25,000 per person and $50,000 per accident

What Instances Require Proof of Insurance in Oregon?

License Suspension ORS

Apart from accidents such as a collision, there are many other times in which Oregon requires drivers to show proof of insurance. Any time you are stopped by police in Oregon you are required to provide your registration and proof of insurance. This would be for any police checkpoint or any other minor infraction you may be pulled for.

Types of items that prove you have insurance can change from person to person, but these are some of the things that you may show in order to prove insurance ownership:

  • A current insurance ID card
  • A current insurance binder or policy
  • A signed letter from your insurance provider or agent, on company letterhead
  • A certificate of self-insurance from the Oregon Department of Transportation

What Happens if You Fail to Provide Proof of Car Insurance?

Oregon has some severe penalties if you are unable or do not have proof of insurance. The law says failure to provide coverage is equal with a class B driving violation. These violations are the same as if someone had exceeded the speed limit over 21 to 20 mph or fails to obey a traffic signal. The penalties associated with this are hefty fines which can be up to $1000 and even can lead to a suspension in your license. Just like getting a ticket these violations can add up to even bigger fines and longer suspensions in the future.

Fines for Driving Uninsured ORS

The fine for driving uninsured ranges from a massive $1000 to a $130 slap on the wrist. Like most tickets the fine changes based on the situation in which you were caught without coverage. A minor speeding infraction would show a lower penalty than if you were caught without insures after running a red light or caused a traffic accident. These fines are always situational and can vary depending on how many time you have been pulled over as well.

Note: If you are required to go to court, the court may decide to impose heavier fines.

Oregon’s Presumptive Fine Option

Oregon insurance

In most cases, people take the presumptive fine option in order to resolve the violation. This option shows you have decided to enter a Plea of No Contest meaning you acknowledge you were at fault and will not need to go to court to plead your case. The fine when you take this option requires two things:

  1. You will send a written explanation to the court
  2. Pay a flat fee of $260

Note: In some cases, the court may that the presumptive fine option is not enough, often because of the seriousness of the accident or insurance violation, This may require you to show your presence in the court and pay a higher fine. Going up to $1000.

Suspensions for Driving Uninsured in Oregon

Fines are not the only form of punishment Oregon has for driving without insurance. Like many other states, call B driving violations can lead to suspension of your license, and Oregon is no different. The time of the suspension can vary from situation to situation. The max suspension can be up to a year and can be applied even if you didn’t directly cause the accident.

Depending on the severity of the situation you could be facing a $1000 fine, suspension of your license up to a year, and the impounding of your vehicle.

How to Reinstate Driving Privileges in Oregon After Being Suspended

Insurance Oregon Driving

After you have served your suspension time in Oregon you can start the process of applying for your license again. Before you do anything else your insurance company will need to file an SR-22 which will be proof of you having insurance and be considered evidence that you can provide financial responsibility in the future. The SR-22 has to be maintained for the 3 years without defaulting of any kind. If at any point during these 3 years it defaults your license will be suspended again and you will need to start this process all over again.

With the SR-22 that is filed with your insurance company, you will have to pay a $75 fee to Oregon. This fee is a reinstatement fee and its used to file all the proper paperwork and get you a new license.

If your car was impounded the next step would be to recover your vehicle. The first step will require notice from the police officer that ordered the impoundment of the vehicle. By law, they must send within 48 hours a release notice to both you and the impound lot. This will add additional fines such as a storage fee, for the time your car was heald, and a towing fee, of course, to pay for your car being towed. There also may be some impoundment administration fees. The grand total will be found on that notice sent by the officer.

Monthly Verification

To help prevent drivers from continuing to not having insurance in Oregon, their Department of Transportation has implemented an insurance verification program. This program is for those who have already had a suspension and have filed the SR-22. This monthly verification is part of that 3 year period which you are not allowed to have your insurance lapse. If it does your license will be suspended again.

This monthly verification works by requiring you to submit proof of compliance (a receipt that shows you are paying and maintaining coverage since recovering your car and license).

Note: if you fail to make premium payment quickly, there is a likelihood that your insurance company could end up canceling your policy and SR-22. In the end, your license will end up being re-suspended, until it’s done right.

Conclusion

Although Oregon is restricted on its insurance policies it is not the only state which views drivers insurance as a necessity. Driving uninsured in Oregon can be time-consuming and costly. With all the fines and potential of suspension, one would think it would be easier just to have insurance. It pays to have coverage, and if you follow the insurance coverage Oregon requires, and that was laid out above you can stay on the open road with peace of mind.

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Oregon Auto Insurance Claim Laws

Oregon is a Fault State

Oregon is a “Fault” State

 

In Oregon the at-fault insurance company will cover pain and suffering, loss of wages, vehicular damage, medical bills, counseling and more.

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.

Applies to Accident Cases

A Statute of Limitations Applies to Accident Cases

 

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.

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

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.

Uninsured? Read Oregon Uninsured Motorist Laws

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Oregon Pain and Suffering Law

It’s always a challenge to deal with the aftermath of a personal injury, and the last thing most people want to handle is the legal situation regarding reimbursement and other payment. Fortunately, the state of Oregon has quite favorable laws in this area, and there’s one particular concept which can really help: pain and suffering.
Oregon Pain and Suffering Law

Definition of Pain and Suffering

 

Pain and suffering can be broken into two categories:

  • Physical – actual pain in your body
  • Emotional – psychological ailments which occur in your mind

It’s possible to file an insurance claim for these, but they aren’t the only compensation you may receive.

“This amount is separate from lost wages and other medical expenses, such as x-rays, medications, and hospital visits.”

Oregon Pain and Suffering Law

 

The law is designed to compensate injury victims for various purposes. In this case, the payments are made in the form of damages, and they are easily explained in the following quote:

“In general, damages are money awarded to a party in a civil lawsuit for any losses or injuries that are caused by others.”

Here are some examples of economic damages:

  • Charges for medical and rehabilitation procedures necessary because of the injury
  • Loss of income due to the injury
  • Costs due to the loss of property because of the accident
  • Damage to a reputation (which will result in monetary loss)

Here are some examples of non-economic damages:

  • Physical and mental pain
  • Emotional stress
  • Humiliation and reputation damage

Oregon Economic and Nonecomoic Damages

Oregon Economic and Noneconomic Damages

Pain and suffering must be proven to be as a result of the accident, but there is no standard way to calculate it.

”The degree of pain and suffering an individual experiences can vary greatly from person to person.”

You will be required to prove that whatever pain and suffering you have was caused by the accident, and you will need to have appropriate documentation and testimony to prove that.

Oregon Limitations on Pain and Suffering

There are multiple aspects of the Oregon laws which place restrictions on pain and suffering damages, so you need to be aware of these as early as possible.

  • Time: There is a specific time limit in which you have to file your lawsuit.

“In Oregon, the statute of limitations for personal injury cases gives an injured person two years from the date of the injury to go to civil court and file a lawsuit. (Ore. Rev. Stat. section 12.110(1)).”

  • Caps: There are limits to the amount of the damages you can ask for.
  • Shared Faults: If it can be argued that you shared some of the fault for the accident that happened, this can be used against you (and it may reduce the amount of the damages accordingly).
  • Government: If your claim is against the state government (or an employee), then different rules apply. For example, you only have 180 days to file a Tort Claim Notice – not 2 years.

Pain and Suffering Formula

How To Calculate or Measure a Pain and Suffering Settlement:

Economic damages are easier to calculate than non-economic, but there are methods to determine both types.

To calculate economic damages, you just need to have proof. You can show medical bills, the amount of salary you would have been paid for working those days, and similar information.

Non-economic damages are more complicated.

There are a number of approaches that insurance companies take when calculating pain and suffering as part of an injury settlement.

It’s a good idea to keep any receipts and bills you have because of your injury. Here are some examples of what are commonly used:

  • Medical bills
  • Prescription documentation and receipts
  • Proof of lost wages
  • Photos/medical reports about injuries

In general, the more you can provide, the better.

Why Ryan Hilts Is The Right Attorney For You

Insurance companies are experts at fighting these claims, so it pays to have an experienced and understanding lawyer by your side.

The process of filing a claim for pain and suffering in Oregon gets more complicated based on the severity of the injury, but it is never an easy one to do. I’ve helped countless people through this difficult time, and they were able to get back to things that meant the most to them in their lives – with an appropriate amount of compensation.

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What to do if you get into a car accident in Oregon?

What To Do in A Car AccidentBeing involved in a car accident is something that we all hope to avoid, but it can, unfortunately, happen to anyone. To be on the safe side, it’s best to be prepared in case you find yourself in such a bad situation.

Do you know what to do if you get into a car accident in Oregon? Follow these pieces of advice, and you’ll be much better off.

Remain Calm

The first thing you should always do, no matter how serious the accident is, is to not panic. You or the people you care about could be injured, and you’ll need to be thinking clearly to help. Even without injuries, minor mistakes can cost a lot of money or legal trouble down the road.

Don’t Leave

This one is fairly obvious, but driving away from an accident is one of the worst things you can do. No matter how severe the accident or who’s to blame, you have to stop and assess the damage with anyone else involved. You can get into serious trouble if you don’t follow the appropriate procedures.

Find Out if Anyone is Injured

Checking on the health of everyone is the first action you should take after a car accident. If anyone is injured, getting them medical attention is the top priority.

Move Out of Traffic (In Non-Serious Accidents)

Oregon Car AccidentIn very serious accidents, or those in non-crowded areas, you may not have much choice but to leave your cars where they are. But, if you have a minor accident on a busy road, it’s usually best to move your vehicles to a safe area. If possible, take pictures before moving, but don’t risk your safety by remaining somewhere where other cars may hit you.

Place Warnings Signs

To help keep yourself safe, you should set up flares, traffic cones, traffic triangles, or any other noticeable objects on the road behind where your cars are.

You should plan ahead for this. You can buy these at any automotive shop, and you should keep a selection inside your car to be prepared. At the same time, it’s wise to keep a first aid kid and some emergency clothes in case of inclement weather.

Inform the Police

Oregon Car Accident AdviceYou’re required by law to inform the police about any accident you have. Also, it doesn’t matter who you believe is at fault, you should tell them everything with complete accuracy. They’re likely to find out the facts eventually, so any lies you tell could come back to haunt you.

It’s also a good idea to record the names and badge numbers of any police officers that are at the scene of the accident. This can sometimes be helpful later on if there are any problems.

Call a Lawyer

If you’ve been injured or sustained serious damage to your car, you should absolutely call a lawyer immediately. There are certain actions that need to be taken, and many of them need to be done as soon as possible.

Even if it seems relatively minor, it’s a really good idea to consult with a lawyer to make sure you aren’t missing anything. A legal expert will be able to tell you if you are eligible for any benefits, and they’ll be able to prepare for any trouble you might face.

Exchange Insurance Information

Even if the police record the insurance information of the other people involved in the accident, make sure you get it, too. Insurance companies are notorious for trying to get out of paying, and you need to be able to tell them exactly who the other drivers were.

Also, make sure that all the documents match. If the registration or insurance of the car doesn’t match the name of the driver, record all of the different names and contact information.

Take Photos

Don’t ever rely on others (including the police) to send you photos after the accident. If you need to prove the truth about what happened, it’s best to take them yourself.

Don’t Admit to Anything

As already mentioned, you should be completely honest with the police. But, that doesn’t mean you have to admit to being at fault for anything. It’s natural to want to apologize in a traumatic situation, but there are many cases where you may think you’re the one who caused the accident, and the law doesn’t. Tell what happened, but don’t ever say you were responsible for the crash.

Look for Witnesses

Witnesses can be incredibly valuable after a car accident. They are normally unbiased, and they had a different view than anyone involved in the wreck. Record the names and contact details of anyone who saw what happened.

Talk to Your Doctor

If you have any pain or injuries, immediately seek medical attention. But, you may have suffered some form of injury even if you don’t feel it. Many issues take time before you’ll notice the symptoms, so it’s best to go get checked by a doctor as soon as possible after the accident.

This is extraordinarily important because as time goes on, it’s much harder to prove that the accident caused your health problems.

Don’t Be in a Hurry to Leave

It can be tempting to want to get away as soon as you can, but be patient to make sure you do everything necessary before leaving the scene of the accident.

You Don’t Have to Go Through This Alone

No matter how severe, car accidents are traumatic experiences. The good news is that with a quality lawyer, you have a caring expert by your side through the whole process. I’ve helped a ton of people through situations they hoped never to be in, and I understand how hard it is. But, please know that the sooner you contact me, the better legal assistance I can offer you.

Drive safely!

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17 Photos That Prove Oregon is The Most Beautiful State

The United States offers a ton of natural beauty. From Alaska to Florida there’s a variety of stunning landscapes from mountains, to forests, to beaches. The question of which is the most beautiful state in the country is up for debate and many people claim their state is the best one. While there’s no real way to prove which state is the most naturally beautiful, our (admittedly biased) opinion is that Oregon is like nowhere else in the USA. We are extremely proud of where we work, live, and spend the majority of our time. We’ve scoured Instagram to put together some photos that try and prove our case! We truly believe Oregon is the most beautiful state in the country and here’s our evidence why.

A photo posted by Camille Gauguin (@oh.cest.ca) on

A photo posted by Cassia Peterson (@cassiapete) on

A photo posted by Irina Bakun (@isbakun) on

A photo posted by Femke van Hilten (@enzooi) on

A photo posted by Amanda (@myoregonjourney) on

A photo posted by Adam Mccabe (@shakiro_850) on

A photo posted by Shantana Nagy (@shantana.lee) on

A photo posted by James (@portland_james) on

A photo posted by @haileys.adventures on

A photo posted by ️Derek Nash (@nashtyimages) on

A photo posted by @haileys.adventures on

A photo posted by Lindsey (@lindseyfilm) on

Need an Oregon personal injury lawyer? Look no further! Ryan Hilts provides you with professionalism, personal service and experience. Contact Ryan Hilts today or learn more about Ryan Hilts here!

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