Yes. Oregon is one of the states that mandates uninsured motorist (UM) coverage on every auto insurance policy. Under ORS 742.502, any motor vehicle liability policy issued in the state must include UM protection for bodily injury and death. The law also requires that your policy include underinsured motorist (UIM) coverage, which kicks in when the at-fault driver’s policy limits are too low to cover your losses.Â
You cannot legally carry auto insurance in Oregon without this coverage baked in. Continue reading for more information so that you can stay legal on the road and so that you can protect your rights in the event of a car accident in Portland, Oregon.Â
What Does Oregon’s Uninsured Motorist Law Actually Require?
Your UM coverage limits will automatically match your bodily injury liability limits unless you make a written election to lower them. If you choose reduced limits, they cannot fall below the state’s financial responsibility minimums, which currently sit at $25,000 per person and $50,000 per accident for bodily injury.
The coverage protects you and your passengers if a driver who carries no insurance causes a crash that results in injuries. UIM coverage fills a similar role but applies when the at-fault driver has a policy that is not large enough to pay for the full extent of your damages.
One thing to keep in mind is that UM bodily injury coverage is mandatory, but UM property damage coverage is not. Damage to your vehicle from an uninsured driver would need to be handled through your own collision policy or out of pocket unless you opted into that additional layer when you purchased your plan.
Why UM Coverage Is Important in a Mandatory Insurance State
Oregon requires all drivers to carry liability insurance, but that does not mean everyone complies. Industry estimates put the state’s uninsured driver rate at roughly 14%. That means about one in eight cars on the road may have no coverage at all.
If one of those drivers causes a wreck that leaves you with hospital bills and time away from work, your own UM policy becomes your primary path to compensation. Without it, you would be left to sue the uninsured driver personally, and collecting a judgment from someone who could not afford insurance in the first place is often an uphill battle.
Oregon also has a “no pay, no play” statute under ORS 31.715 that restricts uninsured drivers from recovering non-economic damages after an accident. Keeping your own policy active and compliant protects you from falling into that category.
Schedule a Free Consultation With Sears Injury Law After a Crash
Your immediate priorities after a car accident should be calling law enforcement and seeking medical attention. If the other driver does not have insurance, document that fact in the police report and notify your own insurer as soon as possible to begin the UM claims process.
From there, speaking with a Portland personal injury attorney can help you understand the full scope of what your UM policy covers and whether pursuing a separate lawsuit against the uninsured driver makes sense. Contact Sears Injury Law to get started with a free consultation today at (503) 446-5127.
