Oregon Car Accident Laws

Oregon is one of only a handful of "add-on" states — alongside Arkansas, Delaware, Maryland, and DC. This is a meaningfully different category from the "mandatory" or "choice" no-fault states covered elsewhere on this site, and it's easy to conflate the two.

Most no-fault states make you clear a threshold before you can sue. Oregon requires the same PIP coverage but skips that restriction entirely.

Statute of limitations: 2 years

Under ORS §12.110, you generally have two years from the date of the accident to file a personal injury lawsuit. Property damage claims get a much longer window: six years (ORS §12.080). Wrongful death claims have a three-year deadline. Claims against a government entity require notice within just 180 days.

Fault rule: modified comparative negligence, 51% bar

Under ORS §31.600, you can recover damages if you're found 50% at fault or less, reduced by your percentage. At 51% or more, you recover nothing.

Insurance: "add-on" PIP, no threshold to sue

Oregon requires drivers to carry PIP (minimum $15,000), which pays your medical costs regardless of fault — but unlike Kansas, Utah, or Michigan, Oregon does not require you to clear an injury-severity threshold before suing the at-fault driver. You can pursue both PIP and a liability claim without that extra hurdle. Minimum liability limits are 25/50/20: $25,000 per person and $50,000 per accident for bodily injury, plus $20,000 for property damage. Uninsured motorist coverage matching the liability limits is also required.

How this plays out in a real claim

Take an intersection collision where fault is genuinely disputed. If an insurer or court assigns you 40% of the blame, Oregon's rule still lets you recover 60% of your damages, and even at exactly 50% you still recover half. But at 51% or more, the claim is barred entirely — not reduced, eliminated. That one-point difference between 50% and 51% is exactly why insurers have a real incentive to push a borderline case just over the line rather than simply discount what they pay.

A mistake worth avoiding in Oregon

Because a single percentage point at the 51% threshold can be the entire difference between a reduced payout and nothing at all, careless statements at the scene or to an adjuster carry more weight here than in a pure comparative state. Avoid speculating about fault, even casually, until the full picture — police report, witnesses, any available footage — is in front of you.

If a government vehicle or agency was involved

Under the Oregon Tort Claims Act (ORS §30.275), you must give written notice of your claim within 180 days of the injury — a much shorter window than Oregon's standard 2-year personal injury deadline. Where the notice goes depends on which level of government is involved: the Director of the Oregon Department of Administrative Services for a state claim, or the relevant local body's governing office for a city or county claim. Minors and people with a genuine incapacity may get a limited extension (generally up to 90 days), but this isn't something to rely on rather than acting promptly.

If the crash resulted in a death

Oregon gives three years from the date of death (or from when the fatal injury was discovered, if later) for a wrongful death claim (ORS §30.020), filed only by the estate's personal representative. Noneconomic damages — loss of society, companionship, and comfort — are capped at $500,000 (ORS §31.710), though the jury deciding the case is never told the cap exists; economic damages and punitive damages aren't capped. If the death was caused by a government entity, the deadline shrinks to two years, and a separate one-year tort claim notice applies.

Beyond the deadline and the fault rule

The statute of limitations and the fault rule above decide whether you have a claim and how much of it survives — they don't decide what the claim is actually worth, or whether it's worth handling yourself. For that, see our guides on what affects a settlement, who pays your medical bills while a claim is pending, and whether Oregon law makes a lawyer worth it for your specific situation.

When it's worth talking to someone

With PIP limits often falling short of real costs and no restriction on suing, a free, no-obligation conversation can help you understand the full range of what's available.