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Oregon car accident law: deadlines, fault and your claim

Oregon gives you two years to sue for crash injuries and bars recovery above 50% fault. Every policy includes PIP, and claims against public bodies need notice within 180 days.

Last reviewed By the Editorial team 5 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

In Oregon you generally have 2 years from the crash to file a lawsuit for injuries, 6 years for damage to your vehicle and 3 years for wrongful death. Oregon uses Modified comparative fault. Comparative negligence with a cut-off: once your share of blame reaches the state's bar (50% or 51%), you recover nothing. Glossary: your damages are cut by your share of fault, and you recover nothing if you were more than 50% at fault. Every Oregon policy includes personal injury protection (PIP), but Oregon is still an at-fault state, so you can claim against the driver who caused the crash.

Oregon law at a glance

Checked against official sources · October 2026

ClaimDeadline or ruleThe law
Injury2 yearsOr. Rev. Stat. § 12.110(1)
Vehicle or property damage6 yearsOr. Rev. Stat. § 12.080(4)
Wrongful death3 yearsfrom the discovery of the injury that caused death (and no later than 3 years after death)Or. Rev. Stat. § 30.020(1)
Shared fault51% bar Modified comparative fault (51% bar)Or. Rev. Stat. § 31.600(1)

Key facts

Injury lawsuit deadline
2 yearsOr. Rev. Stat. § 12.110(1)
Vehicle damage deadline
6 yearsOr. Rev. Stat. § 12.080(4)
Wrongful death deadline
3 yearsFrom the discovery of the injury that caused death (and no later than 3 years after death)
Fault rule
Modified comparative: barred above 50%Or. Rev. Stat. § 31.600(1)
Notice to a public body
180 daysOregon Tort Claims Act
Minimum liability insurance
$25,000 / $50,000 / $20,000Per person / per crash / property
Fault system
At-fault (add-on PIP)PIP: $15,000 medical
Traffic deaths in Oregon, 2024
538IIHS
State bar referral service
503-684-3763, or 800-452-7636 toll-free in OregonOregon State Bar

Filing deadlines in Oregon#

Oregon's Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary for crash claims is in chapter 12 of the Oregon Revised Statutes, with wrongful death in chapter 30. Vehicle damage has a much longer deadline than injuries, so the two parts of one crash claim can expire years apart.

ClaimDeadlineLaw
Personal injury2 yearsOr. Rev. Stat. § 12.110(1)
Damage to your vehicle or other property6 yearsOr. Rev. Stat. § 12.080(4)
Wrongful death3 years from the discovery of the injury that caused death (and no later than 3 years after death)Or. Rev. Stat. § 30.020(1)
Claim against a public bodyNotice within 180 days; lawsuit within 2 yearsORS 30.275

Injured children. Under ORS 12.160, the deadline is paused while the child is under 18, but by no more than five years, or one year after the 18th birthday, whichever comes first. This pause is called Tolling. Pausing the limitations clock, for example while the injured person is a child. Glossary. Because of the five-year limit, a young child's deadline can run out long before the child turns 18.

Claims against the government. The Oregon Tort Claims Act requires a notice of claim within 180 days of the injury (one year for wrongful death); formal written notice, actual notice, filing a lawsuit or a payment by the public body all count. The lawsuit itself must be filed within 2 years of the injury. These rules apply to claims against the state, cities, counties and other public bodies.

You can compare deadlines in other states with the deadline lookup tool.

How fault is shared in Oregon#

Under Or. Rev. Stat. § 31.600(1), your own fault does not bar recovery as long as it is not greater than the combined fault of the other parties. Any damages are reduced by your percentage of fault. A 50/50 split still lets you recover half; at 51% you recover nothing.

Adjusters use the same percentages when they negotiate, so arguments over small details can change what a claim is worth. Try the fault-rule explainer to compare Oregon with other states.

Insurance in Oregon#

Oregon drivers must carry liability insurance of at least $25,000 per person and $50,000 per crash for injuries, plus $20,000 for property damage. Every policy also includes first-party coverage that pays you directly:

  • Personal injury protection (PIP). Coverage under your own policy that pays medical bills and some lost income after a crash, whoever caused it. Glossary: Required: $15,000 per person for medical expenses. PIP pays your own medical bills whoever caused the crash. Unlike in no-fault states, having PIP does not limit your right to sue the at-fault driver.
  • Uninsured motorist coverage. Coverage under your own policy that pays when the at-fault driver has no insurance, or too little. Glossary: Required: equal to your bodily injury limits unless you elect lower limits in writing (not below $25,000/$50,000).
  • Underinsured motorist coverage: Required: included in uninsured motorist coverage. The Insurance Information Institute estimates that 14.7% of Oregon drivers were uninsured in 2023, compared with 15.4% nationally. See uninsured driver accidents.

The Oregon Division of Financial Regulation answers questions and takes complaints about insurers at 888-877-4894 (consumer hotline, toll-free).

After a crash in Oregon#

Oregon drivers must file a crash report with DMV within 72 hours, even if police also wrote a report, if any of these is true:

  1. Someone was hurt or killed in the crash.
  2. Your vehicle has more than $2,500 of damage.
  3. Any vehicle has more than $2,500 of damage and any vehicle was towed from the scene.
  4. Property other than a vehicle involved in the crash, such as a fence or building, has more than $2,500 of damage.

If you cannot file within 72 hours, DMV asks you to file as soon as you can. DMV's advice is to keep your own copy, because DMV cannot give you a copy of the report you filed. For other crash records, the Oregon State Police sends requests for crash reports and insurance information to DMV, at 503-945-5000. If police came to the scene, ask the officer for the report number. Read more about police reports.

Special rules in Oregon#

Attorney fees in smaller claims. Under ORS 20.080, if you sue for $10,000 or less and made a written demand for payment at least 30 days before filing, the court adds reasonable attorney fees if you win. No fees are added if the defendant offered, before the suit, at least as much as the damages later awarded.

Seat belts. In a crash injury case, evidence that you were not wearing a seat belt may be used only to reduce the injured person's damages, and by no more than 5%, under ORS 31.760. These limits do not apply if not wearing a belt was a substantial cause of the crash itself.

Lawyers' malpractice coverage. Oregon lawyers in private practice must carry malpractice coverage through the Oregon State Bar Professional Liability Fund.

Crashes on Oregon roads#

The Insurance Institute for Highway Safety counted 538 crash deaths in Oregon in 2024, or 12.6 per 100,000 people, against a national rate of 11.5 per 100,000 people. Rural roads accounted for 54% of the state's crash deaths, and 30% were speeding-related. An estimated 33% of passenger vehicle drivers killed had a blood alcohol level of 0.08% or more.

Finding a lawyer in Oregon#

The Oregon State Bar runs a Lawyer referral service. A service, often run by a state or local bar association, that listens to a caller's problem and refers them to a lawyer on its panel who handles that kind of case. Glossary, its Lawyer Referral Service, at 503-684-3763, or 800-452-7636 toll-free in Oregon. A first consultation of up to 30 minutes costs no more than $50; fees after that are agreed with the lawyer. Before you hire anyone, search the bar's Licensee Directory by name, bar number or city. See lawyer referral services for questions to ask.

Questions people ask

What is the statute of limitations for a car accident in Oregon?

Generally 2 years from the crash for injuries, 6 years for vehicle damage and 3 years for wrongful death. Claims against a public body also need a notice within 180 days, or one year for a death.

Is Oregon a no-fault state?

No. Oregon requires PIP on every policy, which pays your medical bills whoever caused the crash, but it does not limit lawsuits. You can still claim against the at-fault driver for your losses, including pain and suffering.

Can I recover if I was partly at fault in Oregon?

Yes, if your share of fault is not greater than the combined share of the other parties. Your damages are reduced by your percentage. Above 50%, you recover nothing.

Do I have to report a car accident to the DMV in Oregon?

Yes, within 72 hours, if anyone was hurt or killed or the damage is more than $2,500 in the ways DMV lists. A police report does not replace your own report.

Can I get a copy of my Oregon DMV crash report?

No. Oregon law does not let DMV give you a copy of the report you filed, so keep a copy before you send it.

How long do I have to file a claim against an Oregon city or county?

Notice is due within 180 days of the injury, or one year for wrongful death, and the lawsuit within 2 years. Formal written notice, actual notice, filing a lawsuit or a payment by the public body can each satisfy the notice rule.

Sources

  1. Oregon Legislature, ORS chapter 742 — required PIP and uninsured motorist coverage
  2. Oregon Driver and Motor Vehicle Services, Report a Crash/Collision — when a DMV report is required
  3. Oregon Legislature, ORS 12.110 — as of October 2026
  4. Oregon Legislature, ORS 30.020 — as of October 2026
  5. Oregon Legislature, ORS 31.600 — as of October 2026
  6. Oregon State Bar, Lawyer Referral Service — as of October 2026
  7. Insurance Information Institute, Facts + Statistics: Uninsured motorists — as of October 2026
  8. Oregon State Police, Public Records Requests — as of October 2026
  9. Oregon Legislature, ORS 20.080 — as of October 2026
  10. Oregon State Bar Professional Liability Fund, What is the PLF? — as of October 2026
  11. Oregon Legislature, ORS 806.070 minimum payment schedule — as of October 2026
  12. Oregon Division of Financial Regulation, Auto insurance 101 — as of October 2026
  13. IIHS, Fatality Facts 2024: State by state — as of June 2026

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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