Oregon car accident statute of limitations: two years for injury, six for your car
The Oregon car accident statute of limitations gives two years for injuries. Check your date free.
Oregon runs two clocks after a crash. You have two years to sue for your injuries under ORS 12.110, but six years for damage to your car under ORS 12.080. Mixing them up is costly, because the injury claim is usually worth far more and ends first.
The deadlines in Oregon
| What | Time limit | Law |
|---|---|---|
| Injury lawsuit | Two years | ORS 12.110(1) |
| Car or property damage lawsuit | Six years | ORS 12.080(4) |
| Shared fault | Barred above 50 percent | ORS 31.600 |
| Minimum liability cover | $25,000 / $50,000 / $20,000 | ORS 806.070 |
| Personal injury protection (PIP) | Required; at least $15,000 for medical bills | ORS 742.520, 742.524 |
| Claim against a public body | Notice in 180 days (one year for a death); sue within two years | ORS 30.275 |
Oregon deadlines that start on a different day
A wrongful death claim has three years, under ORS 30.020. That count usually starts when the injury that caused the death is found and never runs past three years after the death.
A crash with a city bus, county truck or state car follows the Tort Claims Act. Notice must reach the public body within 180 days or one year for a death. The suit itself must be filed within two years, under ORS 30.275.
An early insurance check can pause the Oregon clock
Insurers sometimes pay part of a claim early, before any settlement. The payer should send you written notice of your deadline within 30 days. If that notice never comes, the time from the first payment until notice is given does not count against you, under ORS 12.155. Keep every letter that comes with a check.
PIP, minimums and blame in Oregon
Every Oregon auto policy must carry personal injury protection or PIP, which pays your own medical bills whoever caused the crash. The floor is $15,000 for care received within two years, under ORS 742.524. Oregon is still an at-fault state, so pain and suffering comes from the other driver’s liability cover.
You can recover if your fault is not greater than everyone else’s combined, with your award cut by your share, under ORS 31.600.
When to call an Oregon car accident lawyer
Call well before the two-year injury deadline and much sooner if a public vehicle was involved. The other driver may carry only $25,000 per person, so an attorney will look at your own coverage too. A free call costs you nothing and the lawyer is paid only from a win.
Other states: Washington, California, Idaho, Nevada or every state on one page.
Oregon car accident statute of limitations questions
How long do I have to sue after a car accident in Oregon?
Two years for injuries under ORS 12.110 and six years for car damage. File the injury case first.
Is Oregon a no-fault state?
No. PIP pays your first medical bills, but the at-fault driver still owes the rest of your losses.
What if my child was hurt in an Oregon crash?
The clock pauses while the child is under 18. The pause cannot add more than five years or run past one year after turning 18, under ORS 12.160.
Before the clock runs out
Oregon PIP pays early bills, but a release can end the much larger injury claim against the other driver. Call before you sign and a lawyer will check your offer and your two-year date free.
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