Car insurance claim rules in Oregon

The clock on an Oregon claim

Oregon's claim deadlines are in the Division of Financial Regulation's rules on unfair claim settlement practices, Chapter 836, Division 80 of the Oregon Administrative Rules. They follow the shape of the national model rule but give the insurer 30 days at each step rather than 15 or 21.

The decision clock runs from a properly executed proof of loss, so return the insurer's forms complete and keep a dated copy. If the updates stop arriving or the reason never changes, our page on claims that drag on shows how to ask for a decision in writing.

When an Oregon car is totaled

Oregon's vehicle code defines a totaled vehicle in ORS 801.527. For a car with insurance coverage, the test is simple: the car is totaled when the insurer obligated to cover the loss declares it a total loss, or takes possession of it or its title. The statute sets no repair-cost percentage for those cars, so the insurer's own comparison of repair cost and salvage value with the car's value decides.

• The 80% figure applies only to uninsured damage. A car whose damage no insurer covers is totaled when the estimated repair cost is at least 80% of its retail market value before the damage.
• Unrecovered theft: a stolen car not recovered within 30 days is also treated as totaled when no insurer covers the loss.
• The settlement is the actual cash value. How to check it, including taxes and fees, is in our guide to total loss claims.

Because the decision rests with the insurer, ask for its repair estimate, the car's valuation and the salvage value it used. The total loss check shows how those three numbers interact.

Reporting an Oregon crash

Oregon asks two separate things of a driver. First, under ORS 811.748, notify a police officer or law enforcement agency right away by the quickest means for a collision that must be reported under ORS 811.745, which covers crashes with injury or death and crashes with damage over $2,500 or a car that has to be towed. Second, file your own report with the DMV.

• Who files: any driver in a crash with an injury or death, damage over $2,500 to your car, damage over $2,500 to any car plus a tow from the scene, or damage over $2,500 to property other than a car.
• When: within 72 hours, on the Oregon Traffic Collision and Insurance Report. If you miss that window, file as soon as you can.
• Police report or not: DMV says you still have to file even if officers wrote their own report. If no report is filed, Oregon law requires DMV to issue a suspension notice.

ORS 811.720 lets the state raise the $2,500 figure every five years based on inflation, so check the DMV page before you file.

PIP, fault and who pays

Oregon is an at-fault state with required no-fault benefits. The driver who caused the crash pays, through their liability insurance, for other people's injuries and damage. Under ORS 31.600 you can recover as long as your fault is not greater than the combined fault of the others, and your damages drop by your share.

• PIP is part of every policy. ORS 742.520 requires every private passenger auto policy to include it. Under ORS 742.524 it pays medical and hospital expenses incurred within two years of the injury, up to $15,000 per person.
• Lost income: PIP pays 70% of lost work income, up to $3,000 a month for up to 52 weeks, once a disability has lasted at least 14 days.
• PIP doesn't decide fault. A claim for pain and suffering or car damage still goes against the at-fault driver; see PIP and MedPay claims.

Deadlines to sue and where to complain

ORS 12.110 gives you two years to sue for an injury to the person. ORS 12.080 gives six years for an action for injuring personal property, which covers damage to your car. Settlement talks don't pause either clock, and your policy may set its own time limits for reporting a claim.

1. Ask the insurer in writing for the reason for a denial, a delay or a low offer and the policy language it relies on.
2. Call the Division of Financial Regulation consumer advocates at 888-877-4894, or email [email protected].
3. File a complaint online, by mail or by fax if the insurer misses the deadlines. Our guide to insurance department complaints shows what to include.

Questions people ask