Detailed Answer
Under Oregon law, every driver must maintain minimum liability insurance. Failure to do so violates ORS 806.070. If the at-fault driver had no active coverage on the date of loss, you still have several avenues to seek compensation:
1. Uninsured Motorist (UM) Insurance Claim
Most Oregon auto policies include Uninsured Motorist (UM) coverage by default. UM coverage pays for your medical bills, lost wages, and other damages when the at-fault party lacks liability insurance. Under ORS 742.502 and ORS 742.504, insurers must offer UM limits equal to your liability limits. Review your policy, notify your insurer promptly, and submit a UM claim.
2. Motor Vehicle Accident Indemnification Corporation (MVAIC)
The Motor Vehicle Accident Indemnification Corporation provides a safety net when an at-fault driver is uninsured or the responsible party cannot be identified. MVAIC covers medical expenses, lost wages, property damage, and pain and suffering up to statutory limits. Claims are governed by ORS 731.820 – 731.880. File within one year of the accident and provide all supporting documentation.
3. Direct Lawsuit Against the At-Fault Driver
You may sue the responsible driver personally. If they have assets or future income, a judgment lien can secure recovery. Collecting on a judgment can be slow and uncertain, so weigh this option carefully with legal counsel.
4. Medical Payments (Med-Pay) Coverage
If your policy includes Medical Payments coverage, it pays reasonable medical expenses regardless of fault. Med-Pay often has lower limits but provides quick relief for initial treatment costs.
5. Other Avenues
Depending on the facts, you might access health insurance, workers’ compensation (if the crash happened on the job), or public benefits. Always explore these carefully to avoid coverage conflicts.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation.
Helpful Hints
- Gather all accident-related documentation: police reports, photos, repair estimates.
- Notify your insurer and request UM claim forms in writing.
- Check policy declarations for UM and Med-Pay limits.
- File your MVAIC claim within one year of the crash date.
- Keep a detailed record of medical treatments and expenses.
- Contact an attorney early to assess the strength of your case and deadlines.