The Guide To Uninsured Motorist Complaints in Oregon: What Are The Laws?
If you’ve been in an accident caused by an uninsured driver, you might be feeling overwhelmed and uncertain about what to do next. Understanding how to file an uninsured motorist complaint in Oregon can make all the difference in receiving the compensation you deserve.
In this post, we’ll walk you through the steps you need to take to file a complaint, what coverage you’re entitled to under Oregon law, and tips on how to protect yourself from uninsured motorists.
Uninsured Motorist Complaint in Oregon
While Oregon law requires all drivers to purchase auto insurance, in reality, around 12% of drivers are uninsured. So, what happens if an uninsured driver hits your car, causing injuries? In these situations, you file an uninsured motorist complain,t and your own insurance will step up to pay for your medical bills.
What Is It?
All auto insurance policies in Oregon must provide uninsured motorist (UM) coverage. An uninsured motorist complaint in Oregon is filed if:
You were injured in a car accident covered by another driver, and
That driver had no auto insurance, and
You are seeking compensation from your own insurance company under your UM coverage.
How It Works
If you’ve been injured in an accident with an uninsured driver, you’ll need to file a claim with your own auto insurance policy. Oregon requires UM coverage for every auto insurance policy in the state. Once the claim is filed, your insurance will cover your medical bills, up to the limits of your policy.
If your insurer denies your claim or offers too little, you can file a lawsuit. Uninsured Motorist complaints in Oregon are handled through binding arbitration, rather than a jury trial. A personal injury attorney, such as Powell Law, can help you through the arbitration process.
Oregon Uninsured Motorist Laws
Oregon law (ORS 742.502) requires that every auto insurance policy issued in the state must include uninsured motorist coverage. Some key points of the uninsured motorist laws include:
UM coverage protects you and your passengers if you’re injured in a car crash caused by a driver who has no auto insurance.
The minimum UM coverage limits are $25,000 per person, with up to $50,000 per accident.
UM coverage only covers bodily injury, not damage to your vehicle.
Hit-and-run situations are covered by your UM policy. You must report the accident to the police within 72 hours and provide notice to your insurance within 30 days.
Uninsured Motorist Coverage Requirements
In Oregon, all auto insurance policies must include a minimum of $25,000 per person, with up to $50,000 per accident of UM coverage. These are the minimum limits. You can buy higher coverage if desired. In fact, it’s usually a smart idea to purchase more than the minimum.
Some of the covered expenses include:
Medical bills
Lost wages
Pain and suffering
Funeral expenses (if applicable)
Oregon Uninsured Motorist Property Damage Laws
While Uninsured Motorist coverage pays for bodily damage, property damage is not covered under a standard UM policy. So what can you do if your car is damaged by an uninsured motorist?
Uninsured Motorist Property Damage (UMPD) coverage handles the repair or replacement of your vehicle or other property if it’s damaged in an accident caused by an uninsured driver. Oregon doesn’t require insurers to offer UMPD coverage, but you can often purchase it as an add-on to your policy.
What Is the Statute of Limitations?
The statute of limitations for Uninsured Motorist complaints in Oregon is typically two years. This means you have two years from the day of the accident to settle your claim with your insurer, file for arbitration, file a lawsuit against your insurer, or file a lawsuit against the uninsured driver.
Your insurance policy may require you to notify them of an uninsured motorist claim within a specific time (sometimes 30 days). Failing to do so could invalidate your claim, even if you’re still within the statute of limitations.
Types of Uninsured Motorist Coverage in Oregon
In Oregon, there are two main types of Uninsured Motorist coverage. One is required, while the other is optional:
Uninsured Motorist Bodily Injury (UMBI): UMBI coverage is for medical costs if you’re injured by a driver with no liability insurance or a hit-and-run. It covers medical bills, lost wages, and pain and suffering, and is required for all auto insurance policies in Oregon.
Uninsured Motorist Property Damage (UMPD): UMPD coverage is an optional add-on to your auto insurance policy offered by some insurers in Oregon. It pays for the repairs or replacement of your car. It usually excludes hit-and-runs, unless the driver is identified.
How to Add It to Your Insurance
To add Uninsured Motorist coverage, increase your limits, or include Uninsured Motorist Property Damage to your auto insurance, follow these steps:
Review your current policy. Look at your Declarations Pages to see if you already have UM coverage for bodily injury. You should, since it’s required. You’ll also be able to see if you have UMPD and check your current limits, which will match your liability limits unless you request lower limits in writing.
Call your insurance company to discuss adding or increasing coverage. They’ll provide a quote for the added coverage.
Your insurance will then require you to sign a form or digital agreement to update the policy. The change may take effect immediately or at the start of the next billing period.
Oregon has a high number of uninsured drivers, so having adequate coverage is an important way to protect yourself, especially since your medical insurance may not cover everything after an accident.
Is It Included with Liability Insurance?
In Oregon, UM coverage for bodily injury is automatically included with your liability insurance policy. You don’t need to request it separately. At minimum, you’ll need coverage of $25,000 per person, with up to $50,000 per accident. However, you can purchase higher coverage. Uninsured Motorist for property damage, however, is NOT included with liability insurance. It’s an optional add-on that only some insurers provide.
Uninsured vs Underinsured
UM coverage protects you from injury by an uninsured driver, but this is different from an underinsured driver. An uninsured motorist simply doesn’t have auto insurance. On the other hand, an underinsured driver has a policy that’s too low to cover all your bills. However, both are usually included with your liability insurance.
How to File a Claim
If you’re filing an Uninsured Motorist complaint in Oregon, you can expect a pretty straightforward process. Here’s what to do:
Gather information from the accident. You’ll need a police report from the accident, your medical bills and records, proof of your lost wages, and evidence of damage.
Notify your insurance company as soon as possible. Most insurers require notice within 30 days, but it’s always best to report it sooner than later.
Fill out the UM claim form. The form will usually ask for the accident details, information about your injuries, damage to your vehicle, and witness statements, if available.
Once you’ve filed the claim form, your insurance company will assign a claims adjuster to discuss everything. They may ask you for a statement or an interview.
The insurer will investigate your claim and make a decision within 30 to 60 days. If your claim is approved, they’ll offer a settlement amount based on your medical expenses, lost wages, and pain and suffering.
If you believe the amount is too low, you can negotiate with the claims adjuster. If a fair settlement can’t be reached, you may be able to pursue arbitration. An experienced lawyer can help you through arbitration for a better outcome.
Uninsured Motorist Complaints in Oregon Conclusion
No one plans to be in an accident, but accidents happen. If you’ve been injured by an uninsured driver, you can file an Uninsured Motorist complaint with your insurance company. They’ll offer you a settlement based on your losses. However, if they deny your claim or offer a settlement that’s too low, you need a personal injury lawyer to help you negotiate or arbitrate your claim.
That’s where Powell Law comes in. With our years of experience practicing law in Oregon, we understand the intricacies of Oregon’s laws. We’ll listen to your case and help you through the complaint process so you can focus on recovery. Contact us today for a consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
