By Serdar Arslan, editor · Last reviewed · How we research
Keep a copy of the collision report you send Oregon DMV, because the agency will not give you one later. Drivers have 72 hours to file that Traffic Collision and Insurance Report after a crash with injury or death, or more than $2,500 in damage to your vehicle, a towed vehicle or other property. Every policy must also include at least $15,000 in PIP for medical expenses, although Oregon remains an at-fault state.
Under the 'no pay, no play' rule, uninsured drivers generally cannot recover noneconomic damages. Wrongful death cases carry a $500,000 cap on noneconomic damages, while courts have found the general cap unconstitutional for most other injury claims. Injury suits generally have 2 years, vehicle-only claims 6 years, and wrongful death 3 years. The Oregon Tort Claims Act requires notice to a public body within 180 days (1 year for wrongful death) and suit within 2 years. Fault is compared under a modified rule that bars recovery above 50%. Uninsured motorist coverage is required. Oregon had 538 traffic deaths in 2024.
Key rules at a glance
| Personal injury filing deadline | Generally 2 years from the date of injury; a discovery rule may apply when the injury was not known right away Source: Or. Rev. Stat. § 12.110(1) |
|---|---|
| Property damage deadline | Generally 6 years for a lawsuit seeking only vehicle or other property damage Source: Or. Rev. Stat. § 12.080(4) |
| Wrongful death deadline | Generally 3 years; check the statute for when the period starts Source: Or. Rev. Stat. § 30.020(1) |
| Claims against a government entity | Under the Oregon Tort Claims Act, you generally must give the public body notice of your claim within 180 days after the injury (1 year for wrongful death), and you must sue within 2 years. Up to 90 extra days may be allowed if the injury or another incapacity kept you from giving notice. Source: Or. Rev. Stat. § 30.275(2), (9) |
| Fault rule | Modified comparative fault (51% bar): Your damages are reduced by your percentage of fault, but you recover nothing if your fault is greater than the combined fault of the people you are suing (more than 50%). Source: Or. Rev. Stat. § 31.600(1) |
| Insurance system | At-fault (tort) · Oregon requires at least $15,000 per person in personal injury protection (PIP) for medical expenses, paid by your own insurer regardless of fault (Or. Rev. Stat. § 742.524). Oregon is still an at-fault state: you can also make a claim against the driver who caused the crash. |
| Minimum liability insurance | $25,000 per person / $50,000 per accident bodily injury; $20,000 property damage Source: Or. Rev. Stat. § 806.070(2) |
| Uninsured motorist coverage | Required |
| Damage caps | Noneconomic damages in wrongful death cases are capped at $500,000 (Or. Rev. Stat. § 31.710). Courts have found the general noneconomic cap unconstitutional for most other injury claims. Claims against public bodies are subject to separate Tort Claims Act limits that change each year. Under the 'no pay, no play' rule, uninsured drivers generally cannot recover noneconomic damages (§ 31.715). |
| Reporting a crash | Within 72 hours, file an Oregon Traffic Collision and Insurance Report with DMV if anyone was injured or killed, if damage to your vehicle is over $2,500, if any vehicle has over $2,500 damage and is towed, or if other property damage is over $2,500. DMV cannot give you a copy afterward, so keep one. |
Getting your crash report in Oregon
Request the police crash report from the agency that responded (city police, county sheriff or Oregon State Police). DMV does not release copies of the driver collision report, so keep your own copy when you file it.
Checking a Oregon lawyer
Before you sign anything, confirm the attorney is licensed and in good standing with the official state search, and ask for the fee agreement in writing. Our guide on choosing and verifying a lawyer lists what to ask.
- License search: Oregon State Bar – Licensee Directory
- Lawyer referral: Oregon State Bar Lawyer Referral Service · 503-684-3763
538 people died in motor vehicle crashes in Oregon in 2024, according to NHTSA FARS (2024).
Frequently asked questions
›Do I need to report a crash to Oregon DMV within 72 hours?
Yes, if anyone was injured or killed, if damage to your vehicle is over $2,500, if any vehicle has over $2,500 damage and is towed, or if other property damage is over $2,500 (Or. Rev. Stat. §§ 811.700, 811.705). DMV does not release copies afterward, so keep your own.
›Can an uninsured driver recover pain and suffering in Oregon?
Generally no. Under Oregon's 'no pay, no play' rule, uninsured drivers generally cannot recover noneconomic damages (Or. Rev. Stat. § 31.715). They may still be able to recover economic losses.
›If Oregon requires PIP, is it a no-fault state?
No. Oregon requires at least $15,000 per person in PIP for medical expenses, paid by your own insurer regardless of fault (Or. Rev. Stat. § 742.524). You can still make a claim against the driver who caused the crash.
›How long can I wait to sue for vehicle damage only?
Generally 6 years for a lawsuit seeking only vehicle or other property damage (Or. Rev. Stat. § 12.080). Injury claims generally have 2 years (§ 12.110(1)), and wrongful death claims 3 years (§ 30.020).
›What notice do I need to give if a public body caused my crash?
Under the Oregon Tort Claims Act, notice is generally due within 180 days after the injury, or 1 year for wrongful death, and suit within 2 years (Or. Rev. Stat. § 30.275). Up to 90 extra days may be allowed if the injury kept you from giving notice.
Sources
- ORS Chapter 12 – Limitations of Actions (Oregon Legislature)
- ORS Chapter 30 – Wrongful death; Tort Claims Act (Oregon Legislature)
- ORS Chapter 31 – Comparative fault (Oregon Legislature)
- ORS Chapter 806 – Financial responsibility (Oregon Legislature)
- ORS 30.275 (Oregon.Public.Law)
- ORS 31.600 (Justia)
- Oregon DMV – Accident Reporting
- Oregon State Bar – Lawyer Referral Service
- IIHS – Fatality Facts, state by state (NHTSA FARS)