Quick Insights:

• Those injured in motor vehicle accidents can claim money from the at-fault party’s insurance for medical bills, time off work, and more—without ever having to sue.
• In Oregon, even those partially at fault for an accident can get money from insurance.
• To get compensation, file a crash report, get medical assistance, and file a claim with the at-fault party’s insurance.
• For a simplified process and a chance to maximize your compensation, consider hiring an attorney.

A Simplified Guide to Calculating Car Crash Injury Compensation in Oregon

How much money can you get from a car accident in Oregon? There is no one-size-fits-all answer to this question. There are a variety of factors that impact the exact amount you receive, but compensation can range from a few thousand dollars to over 100 million. By learning how car crash injury compensation is determined in Oregon, and reviewing the details of your own case, you can get a pretty solid estimate. The following questions are designed to help you determine the compensation which may be awarded for your insurance claim.

Did You Lose Money Due to Your Injury?

Any financial loss resulting from your injury—legally termed as economic damages—can be reimbursed through your insurance claim. Consider all the following sources of compensation to maximize your outcome:

• Do You Have Medical Bills? Be sure to keep receipts of all medical charges for your injury treatment including hospital bills, chiropractic care, prescriptions, etc.
• Will You Need Ongoing Care? Severe injuries tend to require long-term care, such as physical therapy. You’ll need to get a statement from a medical professional indicating the need for this care.
• Did You Suffer Property Damage? This accounts for damages which don't affect your person but your property. The most obvious example of property damage after a car accident is your own vehicle. A less obvious example is your expensive camera equipment used for work.
• Will You Lose Earnings from Missed Work? If an injury is severe enough to keep you from work, you may be entitled to compensation for any wages lost, past and future, on account of this injury. You will need to ensure you have proper evidence of the lost income, so a fair amount can be awarded.

How Severe Are Your Injuries?

The impact of a car accident often extends beyond financial loss, especially when injuries are severe. The negative effects may include physical pain, emotional suffering, and reduced quality of life, just to name a few. You are equally entitled to compensation for these types of damages, known as non-economic damages. However, because they are harder to quantify in certain terms, it’s important to have thorough documentation of your experience post-crash, such as medical records and a personal journal.

Who Was At Fault?

Calculating your damages is crucial, but it doesn’t tell the full story. The at-fault party also plays an important role, and factors such as comparative negligence and liability insurance can impact your compensation. The following questions are highly relevant to your Oregon car crash injury compensation:

Were You Partially At Fault?

You may think that being partially at fault means you can’t recover car crash injury compensation, but this is not the case in Oregon. Under ORS 31.600, you are still eligible for compensation as long as you are no more than 50% at fault, but the total amount of compensation you can receive will be reduced according to your percentage of fault. In other words, if the court awarded your case a verdict of $300,000, but also found you to be 10% at fault, then you would only receive 90% of that amount: in this case, $270,000.

What Insurance Does the At-Fault Party Have?

Insurance can play a major role in determining the final compensation amount. Because Oregon is an at fault state, drivers are required to maintain certain minimum amounts of car insurance. These minimums directly influence compensation, because the lower the at-fault party’s liability coverage, the less compensation you can typically obtain.

Oregon’s car insurance requirements include the following liability insurance minimums:

• $25,000 per person for personal injury
• $50,000 per accident for personal injury
• $20,000 per accident for property damage

Most drivers will carry insurance in accordance with these requirements, but there are exceptions. For example, due to the complexity of rideshare accident and truck accident liability, rideshare, trucking, and other commercial driving companies often maintain their own policies for their drivers. Various factors may affect how such commercial liability policies apply, like the driver’s professional relationship to the company and whether they were actively driving for the company at the time of the crash. An attorney can help you sort out the details in such cases and assess how they’ll affect your compensation.

What If the At-Fault Party Doesn’t Have Insurance?

Despite the fact that Oregon mandates auto insurance for all drivers, not all drivers follow these requirements, which can affect the outcome of your case. For instance, if the at-fault party has insufficient insurance coverage, it may limit the amount of compensation you can recover from them.

Fortunately, Oregon also requires drivers to maintain a certain amount of uninsured motorist coverage, which may help cover your damages in this situation. Regardless, it's wise to discuss insurance with your attorney—both your own and that of the other driver—to make the most of your case.

Car Accident Compensation FAQs

Are There Caps on Car Accident Compensation in Oregon?

The amount of money you can get from a car accident is primarily determined by the circumstances of the crash and the severity of your injuries, as well as the limits of the available insurance. However, it’s important to note that there are a few strict limits placed on the total compensation you can receive from a car accident under Oregon law. They are as follows:

• For cases involving wrongful death, noneconomic damages are capped at $500,000.
• While punitive damages are not capped, 70% of punitive damages awarded must be paid to the state, leaving only 30% for the victim.

How Do You Calculate Noneconomic Damages?

While noneconomic damages are somewhat subjective by nature, there are a few methods which can be used to generate an estimate. Some of the most popular are the multiplier method and the per diem method.

• Multiplier method. In this system, you start with the measurable amount of medical damages, then decide on a multiplier. The multiplier typically varies based on severity, with minor injuries equating to about 1.5, while the most serious warrant a multiplier of 5 or higher. Multiply medical damages by this multiplier to get a starting estimate for noneconomic damages.
• Per diem method. In this system, you have to assume a roughly equal amount of suffering per day, and equate it to a fixed monetary amount. For example, some might use a normal day's wages as this amount. From there, all you have to do is add up the number of days you suffered on account of the injury.

Note that while both of these methods can be valuable, they are both imperfect. The best way to estimate a fair amount of compensation is generally to consult an Oregon personal injury lawyer.

What If the At-Fault Party Was Acting Maliciously or Recklessly?

In special cases, the court may enforce punitive damages as an additional penalty, but only when there is serious negligence involved. According to Oregon law, to pursue punitive damages, you must be able to prove with thorough evidence that the at-fault party acted with direct malice or with willful disregard for the safety of others.

How Does the Claims Process Work?

The claims process may vary slightly depending on your exact situation, but here’s a basic rundown of what you can expect when pursuing car accident compensation in Oregon:

• You gather evidence, assess the damage, and determine the amount of compensation owed.
• You (or your attorney) file a car accident claim against the at-fault party’s insurance.
• The insurance company reviews your claim and either makes an offer or denies the claim.
• Depending on the initial offer you receive, you may decide to dispute the insurer’s decision, negotiating for a larger compensation amount.
• If an agreement cannot be reached, you may need to sue for the compensation you deserve.

How Do I Maximize My Car Crash Injury Compensation?

Immediately after a crash, you should consult a car accident checklist to ensure safety and compliance with local law. While at the scene, gather any evidence you can related to the accident. It is always a good idea to gather information from other drivers at the scene and take pictures or videos of any damage. Even recording your own personal experience in a journal or a voice note may supplement your case. It is also extremely important to ensure an Oregon DMV accident report exists, as this can serve as vital evidence for compensation.

Then, reach out to an Oregon car accident lawyer for guidance on your case’s value and the next appropriate steps.

Do I Really Need a Lawyer for My Car Accident Claim?

While contacting a lawyer isn’t necessary, and the claims process can be managed alone, this is rarely the best way to handle your case. As a general rule, it is in insurance companies’ best interest to minimize the value of your claim. Without legal knowledge, experience, and confidence, you could end up pressured into a settlement that doesn’t cover the full extent of your damages.

Partnering with an attorney means having a seasoned legal professional on your team through each step of the process. They can help you uncover unexpected sources of compensation, defend against lowball offers from insurance, and even fight on your behalf in court if necessary. For this reason, working with an attorney is often the best way to maximize car accident compensation in Oregon.

How Much Does It Cost to Hire an Attorney for Car Crash Injury Compensation?

Hiring an attorney doesn’t usually come with an upfront cost. Car accident lawyers receive payment as a percentage of the total settlement you receive, instead of a fixed fee. This system helps to make compensation more accessible for victims—you can get started free of charge, and if you don’t win your case and earn compensation, you don’t owe any fees. That means you can take on the guidance of an attorney without bearing additional financial risk.

Ready to get started on the road to compensation? Call Senft Legal 24/7 to reach an attorney for a free consultation.