OR · Accidents & Injuries

Accidents & Injuries in Oregon

By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026

Key Oregon Law

Oregon Revised Statutes Section 12.110

Oregon imposes a two-year statute of limitations for most personal injury claims arising from accidents. An injured party must generally file their lawsuit within two years of the date of the accident.

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Procedural Details in Oregon

Oregon follows modified comparative fault with a 51% bar under Oregon Revised Statutes Section 31.600. A plaintiff who is 51% or more at fault is barred from recovery. Oregon is a traditional tort (fault-based) auto insurance state. Oregon does not impose a general cap on compensatory damages for most personal injury cases. Government claims against Oregon public bodies require a notice of claim within 270 days under Oregon Revised Statutes Section 30.275. Oregon also requires mandatory personal injury protection (PIP) coverage — $15,000 minimum — despite being classified as a tort state, making Oregon a hybrid jurisdiction. PIP applies first, but the right to sue the at-fault driver in tort remains regardless of PIP.

Oregon Agencies & Resources

Oregon Insurance Division

Regulates insurance companies in Oregon and handles consumer complaints about auto accident insurance coverage.

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Oregon Department of Motor Vehicles

Manages Oregon driver licensing, vehicle registration, and accident report records.

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Oregon State Bar — Lawyer Referral Service

Provides referrals to Oregon-licensed personal injury attorneys.

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Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Oregon?

Oregon Revised Statutes Section 12.110 provides a two-year statute of limitations for personal injury claims. Government entity claims require a notice of claim within 270 days (about nine months) under ORS 30.275. Missing the government notice deadline may bar your claim. Consulting an Oregon attorney promptly after any accident is advisable.

Does Oregon require PIP even though it's a tort state?

Yes. Oregon is unique — it is classified as a traditional tort state, but Oregon Revised Statutes Section 742.524 requires mandatory personal injury protection (PIP) coverage with a minimum of $15,000. Your own PIP pays your medical expenses first, regardless of fault. You retain the full right to sue the at-fault driver for all damages beyond PIP, including pain and suffering.

What is Oregon's 51% modified comparative fault rule?

Under Oregon Revised Statutes Section 31.600, if you are 50% or less at fault, you can recover damages reduced proportionally. If you are found 51% or more at fault, you are completely barred from recovering any compensation from the other party. Oregon requires fault to be apportioned among all contributing parties.

Are there damage caps in Oregon accident cases?

Oregon does not impose a general cap on compensatory damages in most personal injury accident cases. Medical malpractice non-economic damages are capped under Oregon Revised Statutes Section 31.710. Government entity claims may be subject to limitations under ORS Chapter 30. Punitive damages in Oregon require clear and convincing evidence of malice or willful and wanton conduct.

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By CanISueForThis Editorial Team Reviewed by Editorial Team Updated March 21, 2026