Oregon Car Accident Laws (2026)

Who pays after a crash in Oregon?

Add-on state: Oregon requires at least $15,000 in PIP benefits and retains tort claims against an at-fault driver.

Auto-system source: NAIC 2022/2023 Auto Insurance Database Report, published 2025.

In practice: check the injured person's own policy promptly for PIP, medical-payments, wage-loss, or similar first-party benefits. Using those benefits generally does not replace a liability claim against the at-fault driver, but notice requirements and coordination rules vary.

What if you were partly at fault?

Modified comparative negligence (51% bar): you recover nothing if you are more than 50% at fault.

Comparative-fault reference: Justia 50-state survey, with links to the controlling statutes and cases. Claim-specific exceptions can apply.

Fault percentages are assigned by adjusters and, ultimately, juries: they are negotiable opinions, not facts. Evidence like photos, witness statements, and citations moves them.

Damage caps in Oregon

Oregon's $500,000 statutory cap on non-economic damages (Or. Rev. Stat. § 31.710) was held unconstitutional as applied to personal injury claims, so it does not limit a typical injury case. It continues to apply to wrongful death claims.

Your filing deadline

The general reference period is 2 years for many injury claims: details and exceptions in the Oregon statute of limitations guide.

Run your numbers with the car accident settlement calculator or see average car accident settlements.