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Oregon car accident laws — what drivers need to know

Oregon has several car-accident laws that are genuinely distinctive — the mandatory PIP coverage, the modified comparative negligence threshold, and the 72-hour DMV filing requirement all differ from what most out-of-state drivers are used to. This is a plain-language guide to the Oregon laws most likely to affect your claim, written for drivers, not lawyers.

Oregon is an at-fault state with mandatory PIP

Oregon uses a traditional at-fault (tort) system, meaning the driver who caused the accident is responsible for the resulting damages. But Oregon adds an unusual layer: every auto insurance policy is required to include Personal Injury Protection (PIP) coverage with a minimum of $15,000 in medical benefits, regardless of who caused the accident.

Practically, this means after a crash your own insurance pays your first-round medical bills (up to the PIP limit) while fault is still being sorted out. You don’t have to wait for the at-fault driver’s insurer to accept liability before getting treatment. PIP also covers lost wages, childcare, and funeral expenses within policy limits. Use it — it’s what you paid for.

Modified comparative negligence: 51% rule

Under ORS 31.600, Oregon follows a modified comparative negligence standard: you can recover damages only if your share of fault is less than 51%. If you were 50% or less at fault, you recover — reduced proportionally by your percentage. So being 20% at fault in a $10,000 damages case means you recover $8,000. But if you were 51% or more at fault, you recover nothing.

Because of this rule, insurance adjusters work hard to push your percentage of fault as high as possible. Small facts — speed, lane position, phone use, seatbelt status — get leveraged to shift percentages. This is why never admitting fault at the scene or during a recorded statement matters so much.

Statute of limitations: 2 years

Under ORS 12.110, Oregon’s statute of limitations for personal injury is two years from the date of the accident. For property damage, it’s six years. If you do not file a lawsuit within the applicable window, your claim is permanently barred.

If your claim is against a public body — say, a crash caused by a city vehicle or a road defect — the deadline is much shorter. Under the Oregon Tort Claims Act you must file a notice of claim within 180 days of the injury. Missing that window can bar an otherwise solid claim.

Minimum auto insurance requirements

Oregon requires every driver to carry auto liability insurance of at least 25/50/20 — $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $20,000 per accident for property damage — plus the PIP coverage described above ($15,000 minimum). Uninsured motorist (UM) coverage is also required at the same 25/50 bodily-injury limits.

These are minimums, and a serious injury claim can easily exceed the $25,000 per-person bodily-injury limit. Higher UM/UIM limits on your own policy are often the coverage that actually pays when you’re hit by an uninsured or underinsured driver — worth reviewing with your insurer periodically.

72-hour DMV reporting requirement

ORS 811.720 requires drivers to file an Oregon Traffic Accident and Insurance Report with the Oregon DMV within 72 hoursof any crash in which: (1) anyone was injured or killed, (2) any vehicle had to be towed, or (3) damage to any vehicle or property exceeded $2,500. This is true even if the police did not respond — which is common in Portland given PPB’s non-dispatch policy for minor crashes.

Failing to file can result in driver’s license suspension and complicate any later insurance or legal claim. File the form. It’s free, and it protects you.

Other Oregon-specific rules

Hit-and-run. Leaving the scene of an accident involving injury is a felony under ORS 811.705. Leaving after property damage only is a misdemeanor. A police report is essential evidence for any uninsured-motorist claim if the other driver fled.

Distracted driving. Oregon bans handheld phone use while driving (ORS 811.507). Citations can be used as evidence of negligence in a civil claim.

Bicycle and pedestrian rules.Portland has dense cycling and pedestrian infrastructure, and Oregon has some of the more bike-and-pedestrian-friendly laws in the country. If you’re a driver in a crash with a cyclist or pedestrian, expect extra scrutiny — Oregon law imposes a high duty of care on motorists around vulnerable road users.

This guide is for informational purposes only and does not constitute legal advice. Portland Accident Services is not a law firm. For advice on your specific situation, consult a licensed Oregon attorney. See our Privacy Policy.