According to a study by the Insurance Information Institute, approximately 14.7% of Oregon drivers are uninsured. While this does fall below the national average of 15.4%, it doesn’t change the fact that car accidents involving these drivers can be complicated to resolve.
Since Oregon is an at-fault state for auto accidents, it’s natural to expect the insurer for the negligent driver to cover your medical bills, lost wages, and property damage. But what happens if there’s no insurance policy? Although state law requires all drivers to carry auto insurance, many people still choose to ignore that responsibility.
Fortunately, Oregon also requires insurers to include uninsured motorist coverage in every policy. This protection makes it possible to pursue compensation through your own insurer if the at-fault driver is uninsured or can’t be identified. In this guide, we’ll review how uninsured motorist coverage works in Oregon, and how to protect your right to recover damages.
What Oregon Law Says About Auto Insurance
Oregon requires all drivers to carry minimum liability insurance. This includes $25,000 in bodily injury coverage per person, $50,000 per car accident, and $20,000 for property damage. The goal is to make sure that anyone who causes a motor vehicle accident has enough coverage to pay for any injuries and property damage they cause.
In addition to liability insurance, Oregon law mandates that drivers carry personal injury protection (PIP coverage) and uninsured motorist (UM) coverage. These parts of your auto insurance policy help pay for injuries and expenses if the at-fault driver lacks coverage or can’t be found (e.g., a hit-and-run incident). While liability insurance protects others, personal injury protection and uninsured motorist coverage protect you and your passengers.
It is important to note that this state’s insurance law only requires you to have UM coverage for personal injury damages. It does not cover vehicle damage or compensate you for smartphones, clothing, or any other personal property destroyed in the collision. For these losses, you’ll need to turn to your collision coverage.
Although auto insurance coverage is mandatory, some Oregon drivers still ignore the law. When they do, the financial risk shifts to the people they injure. That’s why the UM coverage included in your own policy is so important. Personal injury protection protects you from paying out of pocket for medical care, lost wages, and other damages caused by someone who shouldn’t have been on the road in the first place.
What You Need to Know About Uninsured Motorist (UM) Coverage in Oregon
Uninsured motorist (UM) coverage is included in every standard auto insurance policy issued in Oregon. This coverage provides an avenue to recover damages when the at-fault driver has no liability insurance or can’t be located after a hit-and-run accident. The limits of your UM coverage typically match the limits of your liability coverage, providing equal protection for injuries caused by others.
UM benefits are available when you can show that another driver caused the car accident and had no valid insurance in place. In hit-and-run cases, UM coverage may still apply even if the driver flees the scene and remains unidentified, as long as you can document the motor vehicle collision. This coverage may be used to pay for medical expenses, lost wages, and pain and suffering resulting from the crash.
To access these benefits, you’ll need to submit a claim to your insurance company, along with documentation such as police reports, photographs, medical records, and witness statements. Although the claim is handled through your own insurance company, you should not assume they’ll always offer a fair settlement. Claims adjusters looking to save money may question the extent of your injuries or try to settle for less than your claim is worth. Legal representation can help ensure the full value of your damages is properly documented and presented.
What to Do After an Accident With an Uninsured Driver
When you’ve been struck by another motorist, you’re going to be disoriented, alarmed, and probably in pain. Take a deep breath and, if you are able to do so, check yourself and your passengers for any injuries. Then call 911 and request the police and an ambulance. If anyone is injured, whether it’s yourself or someone else, don’t move until help arrives.
Note: You should seek medical care as soon as possible, even if you think your bodily injuries are minor. Adrenaline rushes can mask the symptoms of potentially serious issues, such as concussions and internal bleeding. Delaying treatment can make your injuries worse and create a treatment gap that your insurance provider may use to question how hurt you really were.
While you’re waiting for the police and an ambulance, take the following steps. If you’re in pain or can’t move, ask a bystander for help.
- Gather Information at the Scene: If you can do so safely, collect evidence while still at the accident scene. Photograph vehicle damage, license plates, injuries, the surrounding area, and traffic signs. Ask witnesses to describe what they saw and write down their contact details. If the other party refuses to provide their driver’s license number or proof of insurance, let the police know immediately.
- Avoid Admitting Fault: Do not accuse the other driver of reckless conduct or accept blame. Statements made at the scene, even casual ones, can be used later to reduce or deny compensation. Answer police questions clearly, but avoid making assumptions about the uninsured driver’s behavior.
- Notify Your Own Insurance Company Promptly: Once you’re safe and have received medical care, contact your insurance company to report the crash. Tell them the other driver had no insurance or left the scene, and confirm whether your policy includes uninsured motorist coverage. Provide only the facts and avoid recorded statements until you’ve spoken to an Oregon personal injury attorney.
How to File a UM Claim in Oregon
Although you’re dealing with your own insurer, uninsured motorist claims receive the same level of scrutiny as a third-party liability claim. You’ll need to provide strong evidence, follow all reporting requirements, and prepare for the insurer to evaluate the cause of the crash, the severity of your injuries, and the value of your damages. Taking the following steps can help you make your insurance claim as strong as possible:
- Report the Crash to Your Insurer Immediately: As we explained in the previous section, you need to contact your insurance company as soon as possible and let them know the other driver was uninsured or fled the scene. Record the uninsured motorist claim number, claims adjuster’s name, and any filing deadlines they provide.
- Gather and Organize All Supporting Documents: Collect the police report, medical records, billing statements, injury photographs, and vehicle damage photos. If you’ve missed time from work, include pay stubs or employer verification of lost income. Presenting a complete record helps establish the basis for your claim.
- Track All Communications and Expenses: Keep a written log of all phone calls, emails, and letters exchanged with the insurance company. Save receipts for out-of-pocket costs, such as transportation to medical appointments or vehicle rental fees. These records may be reimbursable under your policy.
- Call an Oregon Car Accident Attorney: When you’ve been injured in an accident with an uninsured or missing driver, speak to an Oregon personal injury lawyer as soon as possible. They can review your auto insurance policy, manage communication with the insurer, and help you pursue a fair settlement for your injuries. If you qualify for uninsured motorist benefits or have grounds to sue the at-fault driver, a personal injury attorney can handle the lawsuit while you continue treatment for your injuries.
What If the At-Fault Driver Has Assets but No Insurance?
When the other driver has no insurance, your first step will usually be to file a UM claim through your own policy. However, there are situations where it may be possible to recover compensation for your medical expenses, lost wages, and other damages directly from the at-fault driver. If the driver has income, property, or other assets, you may be able to file a personal injury lawsuit and seek a judgment in court.
Oregon law allows injured parties to take legal action against drivers who cause harm through negligent or reckless behavior. To succeed, you’ll need to prove that the other driver was responsible for the collision that left you injured. If the court awards damages, you may be able to collect by garnishing wages, placing a lien on property, or negotiating payment terms through the court.
If you’re considering legal action, you’ll want to consider whether the at-fault driver has collectible assets. If they have limited income, no property, and a history of unpaid debts, a judgment may be difficult to enforce. A personal injury lawyer can help investigate the driver’s financial background and assess the likelihood of recovery. In some cases, combining a UM claim with a lawsuit can increase your chances of full compensation, especially if your damages exceed the limits of your insurance coverage.
What Happens With a Hit-and-Run Accident?
A hit-and-run accident is treated much like a crash involving an uninsured driver, especially if the person who caused it can’t be identified. You’ll need to report the incident to the police right away, as a formal accident report documents the incident and confirms that the other driver fled. Without this documentation, the insurer may deny the claim or delay payment.
Insurance companies in Oregon also require you to notify them as soon as possible after a hit-and-run. Be prepared to provide a detailed account of what happened, including the time, location, and any identifying details about the other vehicle. Even small details, like color, make, or direction of travel, can help support your claim.
As with any uninsured motorist case, speak to a car accident lawyer before giving a recorded statement or accepting a settlement offer. This helps ensure your legal rights are protected, especially if your injuries turn out to be more serious than they first appear.
What Compensation Can You Pursue Through UM Coverage?
Uninsured motorist (UM) coverage can help you recover a wide range of damages, and coverage can still apply even if you were a passenger, pedestrian, motorcyclist, or anyone else badly injured by an uninsured driver.
You can use UM benefits to pay for medical treatment related to the crash. This includes hospital bills, surgical procedures, physical therapy, follow-up care, and future treatment if your injuries require ongoing care. If your injuries prevent you from working, you may also recover lost wages, but be prepared to document your losses with pay stubs, tax returns, or a statement from your employer.
In addition to direct expenses, UM coverage also accounts for pain and suffering. These damages reflect the physical pain, emotional stress, and disruption to your quality of life caused by the crash. Insurance companies often challenge these claims, which makes detailed medical records and legal representation even more important. In the case of a fatal accident, UM coverage may also pay for funeral expenses and support wrongful death claims brought by surviving family members.
Do You Need a Car Accident Lawyer After an Uninsured Driver Accident?
After an accident with an uninsured driver, you might assume that working with your own insurance company will be straightforward. You’ve paid your premiums, so it’s natural to expect fair treatment. But UM claims often involve disputes over medical records, loss of income, and pain and suffering. Even though the insurer represents your policy, they’re like any other business in that they want to save as much money as possible. This means that their first settlement offer is likely to be well below what your claim is worth.
A personal injury attorney can review your insurance policy, identify coverage, and explain how to document your injuries. If your insurer delays payment, misrepresents your coverage, or refuses to pay fair value, your lawyer can step in and negotiate on your behalf. In some cases, they may file a legal claim to enforce the terms of your insurance contract.
Legal representation also helps you avoid common mistakes. If you give a recorded statement too early or sign a release form without understanding the consequences, you may give up the ability to recover full damages later. Your lawyer can help you respond to information requests, present medical evidence clearly, and track all claim-related deadlines. They can also assess whether the at-fault driver has personal assets worth pursuing through a lawsuit.
If your injuries are severe or the insurer disputes liability, trying to manage the claim process on your own may lead to delays and reduced compensation. A lawyer will act in your best interest and fight to recover the damages you’re entitled to under Oregon law.
Get a Free Consultation From a Hillsboro Car Accident Lawyer
An accident involving an uninsured driver leaves you without the standard path to compensation and forces you to rely on your own insurance coverage. Fortunately, Oregon law requires that your auto policy include uninsured motorist benefits. These benefits can help cover your medical bills, income loss, and pain and suffering if the other driver lacks coverage or flees the scene.
But having access to coverage doesn’t mean the insurer will pay what your claim is worth. To protect yourself, speak to an experienced lawyer as soon as possible. The attorneys at Harris Velázquez Gibbens are here to clarify your legal options, prepare a compelling claim, and take action against insurers that delay or deny payment. If you were hurt by an uninsured driver in Oregon, call 503-610-4398 or contact our law office online to schedule a free consultation today.
