Oregon Uninsured Motorist Law

Uninsured Motorist Oregon Overview

Oregon uninsured motorist laws, specifically Oregon Revised Statute 742.502 (ORS), require each driver to have at least $25,000 in uninsured motorist Oregon coverage.  When somebody is in an accident caused by an uninsured driver, their own auto insurance will “fill-in” for the at-fault driver’s insurance.  An insurance adjuster from your company will be assigned to your case and a “demand” will be made to that adjuster to settle the case.  If the case cannot be resolved, you can file for binding arbitration and have an arbitration panel decide the outcome of the case.

Typically the amount of your UM coverage is the same as your own liability limits.  Because you were not at fault in causing the accident, making a UM claim should not affect your insurance rates.

When UM coverage disputes are not settled with your insurance company, the case will usually be subject to binding arbitration, rather than a jury trial.  Ryan Hilts is an Oregon personal injury lawyer.  For more information, contact Ryan today.  You can also email to ryan@ryanhiltslaw.com.

Types of Uninsured Motorist Coverage in Oregon

Uninsured Motorist Bodily Injury Coverage (UMBI)

UMBI coverage protects you and your passengers if you’re injured in an accident caused by an uninsured driver. It covers medical expenses, lost wages, and pain and suffering.

Uninsured Motorist Property Damage Coverage (UMPD)

UMPD coverage pays for damage to your vehicle caused by an uninsured driver. This is optional in Oregon but can be valuable if you don’t have collision coverage.

What is Uninsured Motorist Coverage?

Uninsured motorist insurance protects you in case you get hit by someone who does not have insurance and cannot pay for the damages caused.  Your own policy will be available to compensate you for any losses.

How Uninsured Motorist Coverage Works in Oregon

When you’re in an accident with an uninsured driver, you file a claim with your own insurance company. Your insurer then steps in to cover your damages, up to your policy limits. This process ensures you’re not left financially vulnerable due to someone else’s lack of insurance.

Is uninsured motorist coverage necessary in Oregon?

Oregon uninsured motorist coverage is required in Oregon.

ORS 742.502¹ (Uninsured motorist coverage) states that every “motor vehicle bodily injury liability policy shall have the same limits for uninsured motorist coverage as for bodily injury liability coverage unless a named insured in writing elects lower limits.  The insured may not elect limits lower than the amounts prescribed to meet the requirements of ORS 806.070 (Minimum payment schedule)“.

The ORS 806.070 Minimum payment schedule is: “$25,000 because of bodily injury to or death of one person in any one accident;“

Uninsured vs. Underinsured Motorist Coverage

While uninsured motorist coverage protects you from drivers with no insurance, underinsured motorist coverage comes into play when the at-fault driver has insurance, but their policy limits are too low to cover all your damages. In Oregon, both types of coverage are typically bundled together.

Oregon’s Requirements for Uninsured Motorist Coverage

Oregon law requires drivers to carry uninsured motorist bodily injury coverage with minimum limits of $25,000 per person and $50,000 per accident. This requirement ensures a basic level of protection for all Oregon drivers.

How Much Uninsured Motorist Coverage Do You Need in Oregon?

While the state minimum is $25,000/$50,000, it’s often wise to consider higher limits. Medical costs can quickly exceed these minimums in serious accidents. Many experts recommend matching your uninsured motorist coverage to your liability coverage limits for comprehensive protection.

Filing an Uninsured Motorist Claim in Oregon

Required Documentation

When filing a claim, you’ll need to provide:

• A police report of the accident
• Medical records and bills
• Proof of lost wages
• Any other evidence of damages

Process and Timeline

The claim process typically involves:

1. Notifying your insurance company promptly
2. Providing all necessary documentation
3. Negotiating with your insurer
4. If needed, pursuing arbitration

The timeline can vary, but most claims are resolved within a few months.

Uninsured Motorist Coverage and Hit-and-Run Accidents

Uninsured motorist coverage in Oregon also applies to hit-and-run accidents. If you’re injured by a driver who flees the scene, your uninsured motorist coverage can help cover your damages, provided you report the accident to the police within 72 hours.

Comparing Uninsured Motorist Property Damage vs. Collision Coverage

While both UMPD and collision coverage can pay for damage to your vehicle, they serve different purposes:

• UMPD specifically covers damage caused by uninsured drivers
• Collision coverage protects your vehicle regardless of who’s at fault

Consider your needs and budget when deciding which coverage to choose.

Uninsured Motorist Coverage and Health Insurance: Do You Need Both?

While health insurance can cover medical expenses from an accident, uninsured motorist coverage offers additional benefits:

• It can cover lost wages
• It may provide compensation for pain and suffering
• It can help with long-term care costs not covered by health insurance

Having both provides more comprehensive protection.

How to Add Uninsured Motorist Coverage to Your Policy

To add or increase your uninsured motorist coverage:

1. Contact your insurance agent or company
2. Discuss your current coverage and needs
3. Request a quote for increased coverage
4. Review and accept the new terms

Remember, in Oregon, you can’t have lower uninsured motorist limits than your liability limits unless you specifically request it in writing.

Cost Factors for Uninsured Motorist Coverage in Oregon

Several factors can affect the cost of your uninsured motorist coverage:

• Your chosen coverage limits
• Your driving record
• Your location within Oregon
• The type of vehicle you drive

On average, uninsured motorist bodily injury coverage costs $111 a year, while uninsured motorist property damage coverage is $23 annually.

Ryan is a member of the Oregon State Bar, the Washington State Bar, and the Oregon Trial Lawyers Association.

Ryan was named a “Rising Star” for six years in a row, and recently a “Super Lawyer” by Super Lawyers Magazine. In his early years as attorney, he was also listed as one of Oregon’s Outstanding Young Lawyers by Portland Monthly Magazine and the American Registry.