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No, Oregon is not a no-fault state. Oregon is a tort state that requires drivers to have no-fault insurance, which means drivers must use personal injury protection (PIP) insurance to pay for their own injuries after an accident but are not limited when it comes to suing an at-fault driver for compensation. As a result, Oregon is a type of tort state that is often referred to as an “add-on” no-fault state.
In tort states like Oregon that still require drivers to have no-fault insurance, you get the quick payout of a no-fault state while still being able to sue the at-fault driver for your expenses, including pain and suffering. However, Oregon’s system also means that you could be stuck paying a higher premium if you file a personal injury protection claim, even if you didn’t cause the accident.
How Fault Affects Lawsuits in Oregon
In Oregon, it’s possible for fault to be shared by drivers. Specifically, Oregon has modified comparative negligence laws.
- If you are 50% or more at fault, you can’t collect damages from the other driver.
- If you’re less than 50% at fault, you can collect damages minus the percentage that you’re at fault.
So, if you're 30% at fault, you can recover 70% of what you spent on damages after the crash. Oregon has a statute of limitations of 2 years after a car accident. That means you have 2 years from the time of the car accident to sue the at-fault driver, or vice versa.
Oregon vs. Other Tort States
State |
Oregon |
Texas |
California |
Tort or No-Fault |
Tort |
Tort |
Tort |
Average Annual Car Insurance Premium |
$789 |
$780 |
$844 |
Statute of Limitations |
2 years |
2 years |
2 years |
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