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Oregon accident law

Oregon car accident settlement calculator

Oregon is an at-fault state that uses modified comparative negligence, 51% bar. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20265 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsORS 12.110(1); ORS 12.080(4); ORS 30.020(1); ORS 30.275(2)
Fault ruleModified (51% bar)ORS 31.600(1)
Insurance systemAt-faultPIP required
Minimum liability25/50/20thousands of dollars

Oregon settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Oregon: Modified comparative negligence, 51% bar, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Oregon attorney about your case.

Oregon filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage6 years
Wrongful death3 years
Notice of a claim against a governmentNotice of claim to a public body within 180 days of the loss or injury (1 year for wrongful death), ORS 30.275(2)
ORS 12.110(1); ORS 12.080(4); ORS 30.020(1); ORS 30.275(2). Counted from the accident date in most cases.

Property: 12.080(4) "An action for taking, detaining or injuring personal property" within six years. Wrongful death: 3 years after the injury causing death is discovered or reasonably should have been discovered, but no later than the earliest of 3 years after death or the applicable statute of ultimate repose (ORS 30.020(1)).

If you were partly at fault

Oregon follows modified comparative negligence, 51% bar. Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

  • With $100,000 in damages and 30% of the fault, you would recover $70,000.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Recovery allowed at 50%; barred at 51% or more.

Source: ORS 31.600(1). Compare all states in the comparative negligence table.

At-fault (tort) state

In Oregon the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Oregon also requires personal injury protection ($15,000 medical and related expenses per person (plus income, funeral and essential services benefits)), which pays your own medical bills quickly, but it does not limit your right to sue.

Add-on state: 742.520 says every private passenger policy "shall provide personal injury protection benefits", but there is no restriction on tort suits.

Minimum car insurance in Oregon

$25,000 per person and $50,000 per accident for injuries, $20,000 for property damage. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. UM (including UIM) is required at the same limits as bodily injury liability unless the insured elects lower limits in writing, never below 806.070 amounts (742.502(2)(a)).

Damage caps

Oregon does not cap pain and suffering in ordinary car accident cases.

Oregon's $500,000 noneconomic cap was held unconstitutional as applied to personal injury claims in Busch v. McInnis Waste Systems (Or. 2020); the 2021 Legislature narrowed ORS 31.710 to wrongful death only. So no cap for personal injury, but a $500,000 noneconomic cap for wrongful death. Claims against public bodies are subject to Oregon Tort Claims Act limits (ORS 30.260 to 30.300, not covered here).

Dog bite law

Mixed rule.

Source: ORS 31.360. Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Oregon?

2 years from the accident for an injury lawsuit and 6 years for vehicle damage (ORS 12.110(1); ORS 12.080(4); ORS 30.020(1); ORS 30.275(2)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Oregon a no-fault state?

No. Oregon is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage. Oregon does require personal injury protection (PIP) coverage of $15,000 medical and related expenses per person (plus income, funeral and essential services benefits), but you can still sue the at-fault driver.

What happens if I was partly at fault in Oregon?

Oregon follows modified comparative negligence, 51% bar (ORS 31.600(1)). Your damages are reduced by your percentage of fault, and you recover nothing if you were more at fault than the other side (51% or more). At exactly 50% you still recover half.

What is the minimum car insurance in Oregon?

$25,000 per person and $50,000 per accident for injuries, $20,000 for property damage (25/50/20). Uninsured motorist coverage is also required.

Does Oregon cap pain and suffering damages?

Not in ordinary car accident cases. Oregon's $500,000 noneconomic cap was held unconstitutional as applied to personal injury claims in Busch v. McInnis Waste Systems (Or. 2020); the 2021 Legislature narrowed ORS 31.710 to wrongful death only. So no cap for personal injury, but a $500,000 noneconomic cap for wrongful death. Claims against public bodies are subject to Oregon Tort Claims Act limits (ORS 30.260 to 30.300, not covered here).

Sources

Checked against official Oregon sources November 5, 2026.

  1. Oregon statute of limitations: ORS 12.110(1); ORS 12.080(4); ORS 30.020(1); ORS 30.275(2)
  2. Oregon comparative fault: ORS 31.600(1)
  3. Oregon insurance system: ORS 742.520(1)(a) (PIP required in every policy); ORS 742.524(1)(a) ($15,000 medical)
  4. Oregon minimum liability insurance: ORS 806.070(2); UM/UIM ORS 742.502
  5. Oregon damage caps: ORS 31.710 (cap limited to wrongful death, as amended 2021 c.478); ORS 31.715 (uninsured or DUI plaintiff bar); ORS 31.735