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How Should I Proceed After a Car Accident in Oregon

If you are in an Oregon car accident, you should know that Oregon is a ‘fault’ state. That is, the person who was at fault in a car accident is responsible for any harm and damages that occurred. In this state, if you are injured in a car accident caused by another person, the claim can go three ways:

  • File a claim with your own insurance company, assuming the loss will be covered under your policy. If the fault is with the other driver, your insurance company will file a subrogation claim with the at-fault driver’s insurance.
  • File a third-party claim against the at-fault driver’s insurance company and later settle the claim.
  • File a personal injury lawsuit against the driver who was at fault and then either settle with them or go to a jury trial.

If you are filing a claim with your or another driver’s insurance company, it is important to know the minimum coverage amounts required in Oregon:

  • $25,000 liability coverage for death or bodily injury for a single person in an accident
  • $50,000 liability coverage for total death or bodily injury in an accident for all parties
  • $25,000 liability coverage for property damage per accident
  • $15,000 in personal injury protection per person
  • Uninsured motorist coverage of $25,000 per person and $50,000 per incident

Liability coverage pays medical bills, property damage bills and costs of drivers, passengers and others who are hurt in an accident you caused. Liability coverage does not apply to your personal injuries or property damages in an Oregon auto accident. Collision coverage is optional and covers damages to your vehicle.

Personal injury protection or PIP will pay for your medical expenses and other out of pocket costs in case of an accident. PIP also covers the following;

  • Income loss: If your accident injuries prevent you from working, you can claim as much as 70% of the wages that you would have made, up to a maximum of $3000 per month.
  • Essential services: If you are unemployed and your injuries are bad enough to keep you from daily activities, such as taking care of family or your home, you can get as much as $30 per day.
  • Funeral benefits: If a covered person dies from the car accident. The insurer will pay up to $5000 for funeral costs.

Uninsured motorist protection covers you and passengers if the other driver does not have insurance.

Even though Oregon has PIP coverage, Oregon still is not considered a no-fault state. Even with PIP coverage, you still have a right to sue the negligent driver for compensation for your losses.

Contact an Oregon Personal Injury Attorney Today


If you have been hurt in a car accident by another driver in Oregon, you could be entitled to compensation in a personal injury lawsuit. Even with your PIP coverage, you still can sue the other driver for your damages. Please contact Car Accident Attorney Bart Herron at Herron Law firm 24x7 at 503-699-6496 to discuss your claim and legal options. We offer a Free Consultation, so you have nothing to lose by calling us today. Want to TEXT? Go ahead 503-367-0829

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