What If the Other Driver Has No Insurance in Oregon?

Discovering that the driver who hit you has no insurance is one of the most frustrating situations an accident victim can face. But Oregon has important legal protections designed for exactly this scenario.

Key Takeaways

• Oregon law requires all auto policies to include Uninsured Motorist (UM) coverage
• Your own UM coverage pays when the at-fault driver is uninsured or a hit-and-run
• Oregon requires minimum UM coverage of $25,000 per person / $50,000 per accident
• You can still pursue the uninsured driver personally through civil court
• Your PIP coverage applies immediately regardless of the other driver's insurance status

Your Uninsured Motorist (UM) Coverage

This is your most important protection. Oregon law (ORS 742.500) requires every auto insurance policy sold in Oregon to include UM coverage unless the policyholder specifically waives it in writing.

Oregon's minimum required UM coverage:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $20,000 for property damage (UMPD) with a $200 deductible

How UM Coverage Works

When the at-fault driver has no insurance, you file a UM claim with your own insurance company. Your insurer then "steps into the shoes" of the at-fault driver and compensates you for damages including:

• Medical expenses (above PIP limits)
• Lost wages (above PIP limits)
• Pain and suffering
• Property damage (under UMPD)

Steps to Take After Being Hit by an Uninsured Driver

1. Call police immediately — document that the other driver has no insurance
2. Get a copy of the police report
3. Document the scene thoroughly — especially the other driver's vehicle information
4. Get witness information
5. Seek immediate medical evaluation — your PIP coverage applies regardless
6. Report the accident to your insurer and file a UM claim
7. Consult with an attorney — UM claims with your own insurer can become adversarial

Hit-and-Run Accidents

Oregon UM coverage typically extends to hit-and-run accidents. Requirements:

• Report the accident to police promptly
• There must be physical contact between vehicles (in most cases)
• Make reasonable efforts to identify the other vehicle

FAQ

Do I have to pay a deductible for a UM property damage claim? Oregon's UMPD has a $200 deductible.

Will my rates go up if I file a UM claim? Filing a UM claim generally should not cause a surcharge — you were the victim of an uninsured driver.

Disclaimer: This article provides general information and does not constitute legal or insurance advice.