Oregon Auto Insurance Claim Laws and Regulations

In Oregon, you're required to report an accident to the Oregon Department of Motor Vehicles (DMV) within 72 hours if it results in injury or death.

The Oregon Insurance Division regulates auto insurance in the state, ensuring that insurers comply with laws and regulations.

If you're involved in an accident, you must provide a written report to the DMV, including details of the incident, if the damage exceeds $2,500 or if there's an injury or death.

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Oregon has a comparative negligence system, which means fault can be shared among parties involved in a car accident. If you're found partially at fault, your compensation will be reduced by the percentage of fault assigned to you.

Insurance companies often try to assign blame to you to reduce their financial liability. They may argue you were distracted while driving, for example, to shift more blame onto you. Gathering solid evidence, like police reports, witness statements, and video footage, can help counter their attempts.

If you're at fault, you're not eligible for diminished value in Oregon. If someone else is at fault, you may have a claim, but it depends on the circumstances. Here's a breakdown of the types of claims:

If you're involved in a car accident in Oregon, determining fault is crucial to determining who's responsible for paying for damages. The state uses a comparative negligence system, which means fault can be shared among each party involved.

To determine who's at fault, the investigation will consider who was responsible for the accident. Police reports, witness statements, and any available video footage are important pieces of evidence used to establish who was responsible.

Oregon uses a modified comparative fault rule, which allows for financial recovery only when the claimant's level of responsibility for causing the accident is less than that of the other party involved.

Determine Who Is At-Fault:

Your compensation will be reduced by the percentage of fault assigned to you, so it's essential to gather solid evidence to support your version of events. Strong evidence can help counter the insurance company's attempts to shift more blame onto you and reduce your compensation.

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Oregon has a history of establishing diminished value claims through caselaw, with the earliest recorded case being Rossier v. Union Automobile Insurance Co. in 1930.

Diminished value has long been defined and established by several cases in Oregon, including Dunmire Motor Co. v. Oregon Mut. Fire Ins. Co. in 1941 and Gonzales v. Farmers Insurance Company in 2008.

In the Gonzales case, the Court of Appeals determined that an insurer must restore the vehicle to its pre-loss condition or pay the insured the difference in the vehicle's fair market value before and after the collision.

Oregon does not have a specific law stating that an at-fault driver or their insurance company must pay diminished value.

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If you're involved in a car accident in Oregon, you'll need to file a claim with your insurance company or the at-fault driver's insurance company. You'll need to submit a demand with evidence of your loss of value to the at-fault driver or their insurance company, and they have 30 days to respond with a "Best Offer" under ORS 20.080.

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Filing a claim can be a straightforward process if you have the right information. You'll need to fill out a PIP application and provide your medical providers with the name of the insurance company and your claim number. This will allow them to bill the insurance company directly for your expenses.

In Oregon, the person at fault for the accident is responsible for paying for the damages, and determining fault involves a thorough investigation of the accident. Evidence such as police reports, witness statements, and video footage are used to establish who was responsible. Promptly reporting a car accident is also important, as it helps preserve evidence and can expedite the claims process.

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If you're dealing with a claim worth less than $10,000, you'll need to submit a demand to the at-fault driver or their insurance company. This demand should include evidence of your loss of value.

You can use a sample demand letter provided by your insurance company or a personal injury attorney. In Oregon, the recipient of a demand has 30 days to reply with a "Best Offer" under ORS 20.080.

If the recipient fails to respond or makes a low offer, you may choose to file a lawsuit against the at-fault driver. This can be decided in Arbitration, Court, or out of Court.

You'll need to provide documentation of your loss, such as a written estimate for the repair of your property or a written estimate of the difference in the value of your property before and after the damage.

If you acquire any additional information after making a demand, you must provide it to the defendant and their insurer as soon as possible.

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Reporting an accident is a crucial step in the claims process. In Oregon, drivers must file an Oregon Traffic Accident and Insurance Report within 72 hours of any car accident if damage to any vehicle or other property amounts to more than $2500, a vehicle is towed from the scene, or an injury or death occurred.

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You have three basic options to pursue if you've been injured in an auto accident. You can file a claim with your own insurance company, assuming your policy will cover the loss.

Filing a claim with your own insurance company is often the easiest option. The injured person's insurance company will likely pursue a claim against the driver at fault.

Promptly reporting a car accident is essential for preserving evidence. This can include skid marks, vehicle damage, and witness statements.

Oregon law requires drivers to report accidents involving injuries, deaths, or property damage exceeding $2,500 to the Department of Motor Vehicles (DMV) within 72 hours.

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If your PIP claim is denied, contact an attorney right away for advice. Six months after the denial, you can sue the PIP carrier to recover medical costs, plus attorney fees.

You can continue to receive necessary medical care by setting up an arrangement with your medical providers, who will wait to receive payment out of the insurance settlement or lawsuit judgment.

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To submit a claim under $10,000, you must provide a written demand with attached evidence of your loss of value to the at-fault driver or their insurance company.

In Oregon, the recipient of a demand has 30 days to reply with a "Best Offer" under ORS 20.080. This ordinance requires the court to tax and allow a reasonable amount of attorney fees to the plaintiff if they prevail in the action.

You must provide documentation of the repair of the property, a written estimate for the repair, or a written estimate of the difference in the value of the property before and after the damage.

If you acquire additional information after making a demand, you must provide it to the defendant and their insurer as soon as possible. Failure to comply with these requirements can result in the loss of attorney fees.

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You have the right to choose your own auto body shop in Oregon, and it's a good idea to request OEM parts to ensure the best possible repair. However, be aware that many shops will try to get you to sign paperwork allowing them to use used, non-OEM, and aftermarket parts without your permission.

If you're concerned about the quality of the repairs, consider hiring an independent appraiser to inspect your vehicle before the repairs start. This can help prevent fraudulent repairs and ensure that all damaged parts are properly fixed. It's also a good idea to take photos of your vehicle immediately after the accident to document any damage.

If you do decide to use your own insurance policy to file a total loss claim, you have the right to dispute the value of your vehicle if you disagree with your insurance company's assessment. You can gather proof of value, such as service records and recent appraisals, and negotiate with your insurance provider to try to reach a fair settlement.

In Oregon, the minimum coverage limit for PIP coverage is $15,000 for one year after the date of the accident, which has been updated to two years for any policy written after January 1, 2016.

Some insurance providers offer the option to purchase higher limits of PIP coverage, so it's worth shopping around to see what's available to you.

The minimum coverage limit is in place to help cover costs like medical bills, loss of wages, and necessary services.

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In Oregon, you have the right to choose your own auto collision body shop, and insurance companies cannot force you to use their recommended shop. This is considered steering and is illegal.

If you need to sign paperwork at the shop, be sure to read it carefully and ask for any clauses that allow the use of used, non-OEM, or aftermarket parts to be removed.

Having an inspection before repairs start can help establish if there was a prior collision. In Oregon, an auto dealer can sell a car with up to $1,000 in warranty cost repairs without disclosing the repairs to the buyer.

Take pictures of your vehicle immediately after the loss, including the front, rear, sides, inside trunk, engine, tires/wheels, odometer, vin plate, seats, headliner, and carpets.

Once your vehicle is repaired, have someone other than yourself inspect the work to ensure it's done correctly. Look for uniform gaps, no pinched or wider spots, and no broken paint on bolts or nuts.

Common bad repairs include fraudulent work, orange peel, dirt in paint, bad welds, and improper determination of repairs.

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Documenting the loss of value after a vehicle has been damaged is an essential step in the repair process. In Oregon, you have the right to file a diminished value claim, but you must establish a right to file a claim first.

To do this, you should consider the following 3 things: Determine what type of diminished value you have suffered, check Oregon laws and/or caselaw regarding diminished value, and prepare evidence of your loss of value.

Oregon does not have a specific law that states an at-fault driver or their insurance company must pay diminished value. However, you may file a diminished value claim up to 6 years from the date of loss.

To document your loss of value, you can prepare evidence yourself, but it's recommended that you hire an independent auto appraiser licensed in the State of Oregon. This is because insurance companies will often request a diminished value appraisal from an independent appraiser.

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Here are some key things to keep in mind when preparing evidence of your loss of value:

If you disagree with the value of your vehicle as assessed by your insurance company, you can dispute the claim. Here are some steps to take:

1. Gather proof of value for your vehicle, including service records and recent appraisals, as well as a comparison to similar vehicles in terms of condition and features.

2. Speak with your insurance provider and explain why you believe their assessment is wrong. Provide the evidence that proves your point and negotiate if necessary.

3. If negotiations do not yield the desired result, start a formal complaint at either the state or federal level, depending on where you live. You may also want to consider hiring an auto appraiser to assist in an appraisal clause process.

You do not have to accept your insurer's lowball offer. If you think your insurance company is offering a lower value for your vehicle than what it's actually worth, you can continue negotiations directly with the adjuster or consider hiring a local Oregon-based auto appraisal company like Leverage Auto Appraisals.

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