How to Identify the At-Fault Driver’s Insurer in Oregon
Disclaimer: This article provides general information about Oregon law. It does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
When a client (for example, Jane Doe) needs to determine which insurer covered the at-fault driver (for example, John Smith) at the time of an Oregon crash, these steps can help:
1. Exchange Insurance Information at the Scene (ORS 810.060)
Under Oregon law, every driver involved in an accident that causes injury, death or property damage must exchange names, addresses, driver’s license numbers and evidence of financial responsibility (insurance) with the other parties. See ORS 810.060: Required Exchange of Information.
2. Obtain the Law Enforcement Accident Report (ORS 810.610)
Most crash reports contain the insurance data the at-fault driver provided to officers. Under ORS 810.610, you can request a copy from the investigating agency. Reports often list the insurer’s name, policy number and effective dates. See ORS 810.610: Access to Accident Reports.
3. Request Records Through the Oregon DMV
Oregon insurers must report policy cancellations and nonrenewals to the DMV. While new policies aren’t reported, crash reports submitted to the DMV may include the carrier the at-fault driver declared at the scene. You can order an accident record online or by mail through the Oregon DMV website.
4. Use Civil Discovery If You File a Lawsuit
If your injuries or damages justify a lawsuit, Oregon’s Rules of Civil Procedure require parties to disclose the existence and limits of insurance coverage. Under ORCP 36 (Interrogatories) and ORCP 44 (Requests for Production), you can demand the other driver produce the liability policy. See ORCP 36: Oregon Rules of Civil Procedure.
5. Consult Your Own Insurer for Subrogation
If you carry uninsured or underinsured motorist coverage, your insurer may identify the at-fault driver’s carrier when pursuing subrogation. This process can reveal the policy details your insurer needs to recover payments.
6. Contact the Insurer Directly
If you discover a likely carrier name but lack policy specifics, call the insurer’s claims department. Provide the accident date, location and parties’ names. They can verify whether they insured the at-fault driver at that time.
Helpful Hints
- Act promptly: Oregon law limits how long you have to obtain crash reports.
- Gather complete crash details—date, time, location and names—for report requests.
- Be prepared to pay nominal fees for law enforcement or DMV records.
- Keep written records of all communications and requests.
- Consider hiring a qualified attorney if you encounter delays or suspect uninsured status.