Car accident injury claims in Oregon

Oregon at a glance

Fault rule

Modified comparative — 51% bar

You can recover only if you were 50% or less at fault; your award is reduced by your share.

No-fault state?

Yes

Your own PIP coverage pays for injuries first, regardless of who caused the crash.

PIP / no-fault coverage

Mandatory STACKED multi-component PIP (ORS 742.524): Medical $15K aggregate (2-yr incurral) + Income loss 70%, $3K/month x 52 wks (~$36K) + Essential services $30/day x 52 wks (~$10,920) + Funeral $5K + Child care $25/day, $750 cap = theoretical stacked max ~$67,670 per person (NOT a monolithic $15K). Deductibles up to $250 permitted on medical/income-loss/essential-services only.

Minimum liability coverage

25/50/20 (ORS 806.070: $25K BI/person, $50K BI/accident, $20K PD — $20K PD floor is at the low end of the national distribution) + mandatory UM/UIM 25/50 (ORS 742.502/742.504) + mandatory stacked multi-component PIP (~$67,670 theoretical max, ORS 742.524).

Time limit for an injury claim

2 years

Generally measured from the date of the accident.

How fault works in Oregon

Oregon is a MODIFIED COMPARATIVE 51%-BAR state under ORS 31.600(1): "Contributory negligence shall not bar recovery ... if the fault attributable to the claimant was not greater than the combined fault" of others. Plaintiff recovers if fault is not greater than 50%; plaintiff at exactly 50% recovers 50% of damages; plaintiff at 51% recovers $0. OR joins the 51%-bar "not greater than" / "50%-recovers" cluster with OH/IL/MA/MN/WV — NOT pure comparative, and NOT the 49%-bar STRICT cluster (where 50% recovers $0). Anchored by Eclectic Investment, LLC v. Patterson, 357 Or 25 (2015) and Hernandez v. Barbo Machinery Co., 327 Or 99 (1998). (The file's earlier "pure comparative" framing was STRUCK and reconciled to modified 51%-bar per the verified A79 correction.)

Paying for injuries in Oregon

ORS 742.524(1) mandates a 5-component STACKED PIP package on every Oregon auto policy: (a) Medical $15,000 aggregate (incurred within 2 years; presumed reasonable unless insurer denies within 60 days); (b) Income loss 70% of wages, $3,000/month up to 52 weeks (~$36K; 14+ days disability); (c) Essential services $30/day up to 52 weeks (~$10,920; 14+ days disability); (d) Funeral $5,000 (within 1 year of death); (e) Child care $25/day, $750 cap (after 24-hour hospitalization). Theoretical stacked maximum ~$67,670 per person — NOT a monolithic $15K. Deductibles up to $250 permitted on (a)(b)(c) only. PIP is mandatory and cannot be rejected. Oregon retains the traditional tort right (NO tort threshold) — it is the only PIP-cluster state with no threshold.

Oregon injury claims — common questions

Is Oregon a no-fault state?

Yes. Oregon is a no-fault state, which means your own Personal Injury Protection (PIP) coverage pays for your medical bills and certain losses first, regardless of who caused the crash.

What is Oregon's fault rule for a car accident?

Oregon follows modified comparative — 51% bar. You can recover only if you were 50% or less at fault; your award is reduced by your share.

How long do I have to file an injury claim in Oregon?

In Oregon the statute of limitations for a personal-injury claim is generally 2 years from the date of the accident. Miss it and the claim is usually barred for good — separate from any deadlines your insurer sets.