Car Accident Lawyers in Oregon
Oregon runs its car accident system on a hybrid: drivers must carry personal injury protection that pays medical bills regardless of fault, but they can still pursue the at-fault driver once that no-fault coverage runs out. Layered on top is a 51% fault bar that cuts recovery off entirely rather than just shrinking it, and a two-year filing deadline that moves much faster — down to 180 days — when a government vehicle is involved. This page walks through how those pieces fit together and connects drivers with car accident lawyers serving Oregon communities.
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Fifteen thousand dollars in required personal injury protection sounds like a safety net, and for a fender-bender it usually is. For a crash serious enough to need surgery or months of physical therapy, that PIP limit is often gone before treatment is finished — which is why Oregon’s system, despite requiring no-fault medical coverage, still runs on fault when it comes to the bigger losses.
PIP First, Fault Second
Every Oregon auto policy must include personal injury protection: at least $15,000 per person, paying medical bills and a portion of lost wages regardless of who caused the crash. That gets treatment started without waiting on a liability fight. But PIP is not full compensation — once its limits are exhausted, or for pain and suffering and other losses it never covered, an injured driver has to look to the at-fault driver’s liability policy or their own uninsured/underinsured motorist coverage.
25/50/20 Is the Floor
Oregon’s minimum liability requirement is 25/50/20: $25,000 per person and $50,000 per accident in bodily injury coverage, plus $20,000 in property damage coverage. Oregon also requires uninsured/underinsured motorist coverage of $25,000 per person, which becomes the practical source of recovery when the at-fault driver’s minimum policy — or no policy at all — cannot cover a serious injury.
The 51% Line
Oregon applies modified comparative negligence under ORS 31.600–31.620. A driver’s award is reduced by their own percentage of fault, but the moment that share exceeds the combined fault of everyone else — in practice, 51% or more — the claim is barred outright. A driver found 45% responsible for a crash still collects 55% of the verdict; one found 51% responsible collects nothing. Insurance adjusters know exactly where that line sits, which is why early evidence — photos, witness contact information, the responding officer’s crash report — matters as much as the medical records.
Two Years, or 180 Days if the Government Is Involved
Most Oregon car accident claims must be filed within two years of the crash under ORS 12.110. That clock changes entirely when a public body caused or contributed to the crash — a transit bus, a school district vehicle, a state or county fleet car. The Oregon Tort Claims Act requires a formal notice within as little as 180 days, and missing it can end a claim long before the two-year deadline would otherwise apply. Oregon also requires drivers to report any crash involving injury, death, or more than $2,500 in total property damage to the DMV within 72 hours.
Damages: Uncapped for Private Drivers
In Lakin v. Senco Products (1999), the Oregon Supreme Court struck down the state’s general cap on non-economic damages as unconstitutional when applied to negligence claims against private defendants. That means a car accident claim against another driver faces no ceiling on pain and suffering. A separate, lower cap under the Oregon Tort Claims Act applies only when the defendant is a government entity — relevant given how often a public vehicle shows up in Oregon crash claims. Punitive damages remain rare, requiring clear and convincing evidence of malice or reckless indifference, and 70% of any punitive award is redirected to the state rather than paid to the injured driver.
Choosing an Oregon Car Accident Lawyer
The Lawyer Atlas is a directory, not a law firm, and nothing here is legal advice for a specific situation. When comparing attorneys, ask how quickly they can move if a government vehicle was involved and the 180-day notice applies, and how they handle a fault dispute that puts a client near the 51% line. Consultations are almost always free, and representation is nearly always contingency-based. Start with your city below.
Frequently Asked Questions — Oregon
How long do I have to file a car accident lawsuit in Oregon?
Two years from the date of the crash for most claims, under ORS 12.110. If a public body is involved — a transit bus, a school district vehicle, a state or county fleet car — Oregon’s Tort Claims Act requires a formal notice within as little as 180 days, a deadline that runs independently of, and much faster than, the two-year window.
What car insurance is required in Oregon?
Oregon requires 25/50/20 liability coverage — $25,000 bodily injury per person, $50,000 per accident, $20,000 property damage — plus $15,000 in personal injury protection (PIP) per person and $25,000 in uninsured/underinsured motorist coverage per person. PIP pays your initial medical bills and some lost wages regardless of who caused the crash.
Since Oregon has PIP, can I still sue the other driver?
Yes. PIP covers a limited slice of medical bills and wage loss up front, but once those limits are reached, or for pain and suffering and other losses PIP does not cover, you can pursue a claim against the at-fault driver’s liability coverage or your own UM/UIM coverage if they were uninsured or underinsured.
What happens if I was partly at fault for the crash?
You can still recover, reduced by your percentage of fault, as long as that share does not exceed 51% under Oregon’s modified comparative negligence rule (ORS 31.600–31.620). A driver found 40% at fault on a $100,000 claim still collects $60,000; a driver found 51% or more at fault recovers nothing.
Does Oregon cap damages in a car accident case?
Not against a private driver. The Oregon Supreme Court struck down the state’s general damages cap for claims against private defendants in Lakin v. Senco Products (1999). A separate, lower cap applies only when the at-fault party is a government entity, under the Oregon Tort Claims Act.
What does hiring an Oregon car accident lawyer cost?
Almost always nothing up front. Oregon car accident attorneys typically work on contingency, and initial consultations are usually free — useful given how quickly the 180-day government notice deadline can close off a claim if it is not flagged early.
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