Hit by a Driver With No Insurance in Oregon? Who Pays and What to Do
If a driver with no insurance hits you in Oregon, your own insurance usually pays. Your PIP coverage pays your medical bills first, no matter who caused the crash. Then your uninsured motorist coverage can pay for the rest of your injury losses, and every Oregon auto policy must include it (ORS 742.502). Be careful with timing: uninsured motorist claims have a special two-year rule, and hit-and-runs must be reported to police within 72 hours.
You did everything right. You had insurance. Then someone ran a stop sign, hit your car, and told you they had no coverage. Or they drove away before you could even get a plate number. Now you are hurt and wondering how anyone will pay for this. Do I have to sue them? Who pays my medical bills? Is my own insurance going to fight me?
You are not alone. About 1 in 7 Oregon drivers had no insurance in 2023, according to the Insurance Research Council. This guide explains how these claims work in Oregon, in plain language.
The Short Version
If you only have a minute, here is what matters most.
Your own PIP pays your medical bills first, no matter who caused the crash.
Your uninsured motorist coverage can pay for the rest of your injury losses. Every Oregon auto policy includes it.
Hit-and-run? Report it to police within 72 hours and to your insurer within 30 days.
Uninsured motorist claims have a special two-year rule. Missing it can end your claim.
Your own insurance company is now the one deciding what to pay you, so be careful what you sign.
Who Pays When the Other Driver Has No Insurance?
When the driver who hit you has no insurance, the money usually comes from your own policy. It comes in two layers.
Layer One: PIP Pays Your Medical Bills First
PIP stands for Personal Injury Protection. Every Oregon auto policy has it. PIP pays reasonable medical bills no matter who caused the crash, so it does not matter that the other driver has no insurance.
Every Oregon PIP policy must cover at least $15,000 in medical bills per person, for care within two years of the crash. If you cannot work for at least 14 days, PIP can also pay 70 percent of your lost pay, up to $3,000 a month, for up to 52 weeks (ORS 742.524).
Layer Two: Uninsured Motorist Coverage Pays for the Rest
Uninsured motorist coverage, often called UM, steps in where the other driver's insurance should have been. Every Oregon auto policy must include it (ORS 742.502).
UM can pay for losses PIP does not cover. That includes medical bills above your PIP limit, more of your lost pay, and pain and suffering. It pays up to the limits on your policy.
How Much UM Coverage Do You Have?
The minimum is $25,000 per person and $50,000 per crash. But many people have more than they think.
In Oregon, your UM limits must match your liability limits unless you chose lower limits in writing (ORS 742.502). Check the declarations page of your policy, or ask your agent.
Other Places Money Can Come From
If you were riding in someone else's car, that car's policy may also apply. If you live with family members who have their own auto policies, those policies may help too, depending on how they are written. And you can sue the uninsured driver directly, although many uninsured drivers do not have money to pay a judgment.
Key Differences Explained
A few terms come up in almost every one of these claims. Here is what they mean in plain words.
Uninsured vs. Underinsured
An uninsured driver has no insurance at all. An underinsured driver has some insurance, but not enough to cover your losses.
For example, say the other driver has the Oregon minimum of $25,000, but your medical bills and lost pay come to $80,000. Their insurance pays its $25,000. Your underinsured motorist coverage, called UIM, can then help with the rest, up to your own limits.
One warning about underinsured claims: talk to your own insurance company before you accept the other driver's insurance money. Oregon law has rules about settling with the at-fault driver's insurer, and doing it the wrong way can affect your UIM claim (ORS 742.504).
Your Insurance vs. Their Insurance
In a normal crash, you claim against the other driver's insurance. Here, the other driver has none, so you claim against your own.
That can feel strange. Your insurance company is supposed to be on your side. And it does have to treat you fairly under your policy. But in a UM claim, it is also the one deciding how much to pay you. That means it may question your injuries or your bills, just like the other driver's insurer would.
Settling vs. Arbitration or a Lawsuit
Most UM claims settle with your insurance company. If you cannot agree on the amount, the dispute may go to arbitration, which is a less formal hearing in front of a neutral person, or to court (ORS 742.504).
Either way, there are strict deadlines, explained below.
If It Was a Hit-and-Run
If the driver who hit you drove off and cannot be found, Oregon treats them like an uninsured driver. Your UM coverage can apply. But there are two strict reporting rules.
Report the crash to the police within 72 hours.
File a written statement with your own insurance company within 30 days after that.
Both rules come from ORS 742.504. If you miss them, your insurance company may be able to deny the UM claim, so treat them as real deadlines.
If the Other Car Never Touched You
Sometimes a driver forces you off the road or into another car, then leaves without ever hitting you. This is sometimes called a phantom vehicle. Oregon UM can still apply, but you need proof of what happened besides your own word. A witness, a dashcam video, or a nearby security camera can make the difference (ORS 742.504).
That is why it helps to look for cameras and witnesses right away, before videos get recorded over.
What About Damage to Your Car?
This part surprises many people. In Oregon, the uninsured motorist coverage every policy must have is for injuries, not car damage. Oregon does not require coverage that pays to fix your car when an uninsured driver hits you.
So how does your car get fixed? Usually one of these ways:
Your collision coverage, if you have it. It pays to fix your car no matter who caused the crash. You will usually pay your deductible.
Optional uninsured motorist property damage coverage, if you bought it. Some insurers offer it. Check your policy.
A claim or lawsuit against the uninsured driver directly. This is possible, but collecting money can be hard.
If you only carry liability coverage, with no collision coverage, paying for your own repairs can be one of the hardest parts of these crashes. It is worth checking your policy now so you know where you stand.
What Happens Next?
Every case is different, but most Oregon uninsured driver claims follow a similar path.
The First Few Days
Getting checked by a doctor comes first. Some injuries, like whiplash or a concussion, do not show up right away.
Call the police. For a hit-and-run, the 72-hour police report rule applies. Each driver must also file a crash report with the Oregon DMV within 72 hours if anyone was hurt, or if the damage passes Oregon's $2,500 reporting rules.
Then tell your own insurance company about the crash. This starts your PIP claim. It also starts the UM claim, which needs written notice in a hit-and-run.
The First Few Weeks
PIP starts paying your medical bills. If you miss at least 14 days of work, you can ask for lost wage benefits.
Your insurance company looks into the crash. It will want to confirm that the other driver really had no insurance, or not enough. It may ask you for a recorded statement. It is wise to talk with a lawyer before you give one.
The Next Several Months
Most people keep getting treatment. A UM claim for pain and suffering is usually not settled until your doctor has a clear picture of your recovery.
Once your treatment is mostly done, a demand is sent to your insurance company. Many claims settle at this stage. If you cannot agree, the next step may be arbitration or a lawsuit, and that step has a firm deadline.
What to Do Now if an Uninsured Driver Hit You
If the crash just happened, these steps can protect your health and your claim. They are general steps, not advice about your specific case.
Get to a safe place and call 911 if anyone is hurt.
Call the police, even if the crash seems minor. A police report helps prove what happened.
Get the other driver's name, phone number, license plate, and driver's license number.
If they drove away, write down anything you remember: the plate, the car, the color, which way they went.
Take photos of the cars, the scene, and your injuries.
Get names and phone numbers of witnesses, and look for nearby cameras.
See a doctor, even if you feel okay.
Tell your own insurance company about the crash in writing.
In the days after, keep a simple folder with your medical bills, receipts, and missed work dates. Do not sign anything from an insurance company, including your own, until you understand what your claim may be worth. A release you sign can end your claim for good.
Deadlines You Cannot Miss
Uninsured driver claims have more deadlines than a normal crash. Some are much shorter than people expect.
The Two-Year Rule for UM Claims
This is the one that catches people. Within two years of the crash, one of these things usually has to happen (ORS 742.504):
You and your insurance company agree on the amount, or
You or your insurer formally start arbitration, or
You file a lawsuit against your insurer, or
You file a lawsuit against the uninsured driver. In that case, you then have two years from the end of that case to start arbitration or sue your insurer.
Just telling your insurance company about the claim is not enough. If two years pass and none of these has happened, you can lose your UM claim, even if your case is strong.
Other Deadlines
Hit-and-run: Report to police within 72 hours, and file a written statement with your insurer within 30 days after that (ORS 742.504).
DMV crash report: Within 72 hours, for drivers in crashes that meet Oregon's reporting rules.
Lawsuit against the at-fault driver: Usually within two years of the crash (ORS 12.110).
Claims involving a government vehicle or public body: Written notice may be due within 180 days (ORS 30.275).
Frequently Asked Questions
-
Your own insurance usually pays. PIP covers your medical bills first, no matter who caused the crash. Then your uninsured motorist coverage can pay for the rest of your injury losses, including pain and suffering, up to your policy limits.
-
Yes. Every Oregon auto policy must include it, with at least $25,000 per person and $50,000 per crash. Your UM limits must match your liability limits unless you chose lower limits in writing (ORS 742.502).
-
An uninsured driver has no insurance. An underinsured driver has some, but not enough to cover your losses. Uninsured motorist coverage helps in the first case, and underinsured motorist coverage helps in the second.
-
Usually not. The UM coverage Oregon requires is for injuries. Your car is usually fixed through your collision coverage, optional uninsured motorist property damage coverage if you bought it, or a claim against the other driver.
-
Get medical care, then report the crash to police within 72 hours. File a written statement with your own insurance company within 30 days after that. These steps protect your uninsured motorist claim (ORS 742.504).
-
Within two years of the crash, you usually need to settle with your insurer, start arbitration, or file a lawsuit (ORS 742.504). Simply reporting the claim is not enough. Missing this deadline can end your claim.
-
Yes. You usually have two years from the crash to file a lawsuit (ORS 12.110). The problem is that many uninsured drivers do not have money to pay a judgment. That is why your own UM coverage is often the main source of payment.
-
The PIP and UM coverage on the car you were riding in may apply first. Your own auto policy, or a policy of a family member you live with, may also help. Which policies apply depends on how they are written.
-
Not until you understand your injuries and what your claim may be worth. Once you sign a release, you usually cannot ask for more money later. Talking with a lawyer before you sign can help you avoid settling for too little.
Talk With Us
Being hit by a driver with no insurance means dealing with your own insurance company, strict deadlines, and rules most people never knew existed. You do not have to sort that out alone. The Oliveros Law Group helps people hurt in car crashes across Oregon, including crashes with uninsured and hit-and-run drivers. Call 503.335.3800 or contact us to talk about your situation.