Oregon Car Accident Settlement Calculator

Sprains and strains range from $5,000 to $35,000, while severe traumatic brain injuries range from $500,000 to $5,000,000+. Your injury, its treatment, and your share of responsibility for the crash set the range.

Source: The linked injury guides supply these national ranges by injury, current as of November 5, 2026.

Oregon's minimum liability policy pays at most $25,000 for one injured person. Your own underinsured motorist coverage can pay additional damages up to its limit, and PIP pays covered medical bills up to $15,000 per person whoever caused the crash. The money awarded for your losses is called damages.

Oregon also reduces compensation for your share of fault and bars recovery at 51%. An injured driver who was uninsured or impaired loses pain and suffering unless an exception applies. A death claim has a $500,000 limit on its noneconomic part; the court rulings below explain how that limit applies.

Sources: Oregon DMV, insurance requirements; ORS chapter 742; ORS chapter 31

Oregon bodily injury claims cost insurers an average of $22,875 in 2022, according to the National Association of Insurance Commissioners (NAIC). The NAIC adds the money insurers paid or set aside for these claims and their claim-handling costs, then divides by the number of claims, including small and large claims. The result measures an insurer's cost per claim, not the amount a person took home.

The NAIC report notes that some insurers count one claim per accident while others count one per injured person.

The NAIC's table puts Oregon below the national cost per claim in 2020, 2021, and 2022. The NAIC publishes these figures in Table 8D of its 2022/2023 Auto Insurance Database Report, adopted in December 2025.

Sources: National Association of Insurance Commissioners, 2022/2023 Auto Insurance Database Report (adopted December 2025)

No. Oregon is a fault state: the driver who caused the crash is responsible for your losses through that driver's liability insurance. Oregon also requires PIP on private passenger auto policies, so covered medical bills and lost income are paid whoever caused the crash.

A claim against the driver at fault includes economic losses and pain and suffering, subject to the rules below. The PIP insurer must still pay benefits when you also have a claim against the at-fault driver (ORS 742.520(5)).

The at-fault driver's minimum policy pays at most $25,000 for one person's injuries, even when medical bills and other losses exceed that amount. The underinsured coverage section explains how your own policy pays additional damages.

Sources: Oregon DMV, insurance requirements; ORS chapter 806; ORS chapter 742

Oregon PIP pays up to $15,000 per person for reasonable and necessary medical expenses incurred within two years of injury. PIP also pays limited lost income, help at home, funeral expenses, and child care.

The required coverage protects the policyholder, family members in the household, children living there and being raised as the policyholder's own, passengers in the insured car, and pedestrians the car hits. Depending on how you were injured, contact your own insurer, the insurer of the car you occupied, or the insurer of the car that hit you while you were walking. The insurer must pay promptly after you submit proof of loss (ORS 742.520).

An insurer may offer deductibles up to $250 for medical expenses, lost income, and essential services (ORS 742.524(2)). The medical-expense window became two years for policies issued or renewed on or after January 1, 2016, through Senate Bill 411, Oregon Laws 2015, chapter 5.

The 60-day medical-bill rule

Medical charges are presumed reasonable and necessary unless the provider receives a denial within 60 calendar days after the insurer receives the provider's claim. Within those 60 days, the insurer must also give you a written denial explaining the reason and how to contest it (ORS 742.524 and 742.528).

The Oregon Division of Financial Regulation says health insurance will usually wait to cover crash-related medical expenses until your PIP benefits have been used. The division describes PIP medical coverage as reasonable and necessary expenses within two years, up to $15,000 or your PIP limit.

Example: lost income above the monthly limit

For example, 70% of a $5,000 monthly income is $3,500. PIP pays the $3,000 monthly maximum, for up to 52 weeks, when disability lasts at least 14 days. Payment ends sooner when the worker can return to the usual job.

Sources: ORS chapter 742; Oregon Laws 2015, chapter 5 (Senate Bill 411); Oregon Division of Financial Regulation, "Have questions?" (Senate Bill 411 explainer); Oregon Division of Financial Regulation, car insurance FAQs

You do not have to repay PIP from every settlement. For policies issued or renewed on or after January 1, 2020, repayment through a lien or subrogation comes only from settlement money left after you receive full compensation. You never repay more than the PIP benefits you received.

The full-compensation rule for money taken from your recovery comes from Senate Bill 421, Oregon Laws 2019, chapter 460, for policies issued or renewed on or after January 1, 2020. Two rules decide how your recovery is treated (ORS 742.544):

• If you recover every dollar of available coverage, the law treats you as not fully compensated.
• If you recover less than the available coverage, the law treats you as fully compensated.

The comparison includes the at-fault liability coverage, underinsured motorist coverage, PIP payments, and other payments from or for the at-fault party. These rules govern the lien and subrogation routes described above. The settlement payment cannot name an insurer seeking repayment under either of those routes as a payee (ORS 742.544(4)).

Notify a PIP or health insurer that paid benefits about your claim or lawsuit by personal service or registered or certified mail. Review the settlement disbursement statement to see the repayment, fees, costs, and money you receive.

Sources: ORS chapter 742; Oregon Laws 2019, chapter 460 (Senate Bill 421)

Yes. Since January 1, 2022, the $500,000 cap in ORS 31.710 has covered only death claims. The cap excludes injury claims where the person lives, and public body claims have their own caps.

Pain and suffering is part of what Oregon calls "noneconomic damages," meaning personal losses such as pain and emotional distress. The law includes "pain, mental suffering, emotional distress, humiliation, injury to reputation, loss of care, comfort, companionship and society, loss of consortium, inconvenience and interference with normal and usual activities apart from gainful employment" (ORS 31.705).

Economic damages cover financial losses. The statute includes "reasonable charges necessarily incurred for medical, hospital, nursing and rehabilitative services and other health care services, burial and memorial expenses, loss of income and past and future impairment of earning capacity" (ORS 31.705).

A jury decides the amount for pain and suffering, and the jury is not told of the death cap. The pain and suffering calculator explains the ways insurers and lawyers value these losses.

What changed in 2022?

The legislature changed the cap from a limit covering bodily injury, death, and property damage to one for wrongful death. The change came through Senate Bill 193, Oregon Laws 2021, chapter 478, approved July 14, 2021 and effective January 1, 2022. The change applies to claims arising before, on, or after that date, except awards with a final judgment entered before the effective date.

Before that change, a pedestrian's leg was amputated after a garbage truck hit him in downtown Portland. The Oregon Supreme Court's July 9, 2020 ruling in Busch v. McInnis Waste Systems, Inc. preserved the jury's $3,021,922 economic award and $10,500,000 noneconomic award by refusing to apply the cap. The court held that cutting his noneconomic award to $500,000 violated the Oregon Constitution's remedy clause. That ruling addressed the cap as applied to his injury.

Two death-cap rulings in 2026

The Oregon Court of Appeals upheld the reduction of a $2,108,412 noneconomic jury award to $500,000 in Estate of James Ritchie v. Helbig on February 11, 2026. The case concerned a motorcyclist killed in Portland. The Oregon Supreme Court denied review on May 21, 2026, leaving that ruling in place.

The Oregon Court of Appeals decided Estate of Grant Raymond Fisher v. Lee on July 1, 2026. A driver under the influence of narcotics rear-ended a 23-year-old's truck on Highway 26, killing him. The court described the other driver's speed as about 96 miles per hour. The trial court awarded $20 million in noneconomic damages, with $15 million for the family's lost society and companionship and $5 million for his conscious pain and suffering. The trial court then cut the award to $500,000.

The Fisher court rejected the argument that the cap is unconstitutional in all death cases, but held that applying it to this award left the family without a substantial remedy. The Court of Appeals reversed and sent the case back. The appeal proceeded without the defendant taking part, and no Oregon Supreme Court action was found as of November 5, 2026; the result can still change. The death cap remains the rule, with Fisher preventing the reduction of that particular award.

Sources: ORS chapter 31; Oregon Laws 2021, chapter 478 (Senate Bill 193); Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020); Estate of James Ritchie v. Helbig, 347 Or App 37 (2026); Oregon Supreme Court, petitions for review, May 21, 2026; Estate of Grant Raymond Fisher v. Lee, 351 Or App 33 (2026)

An injured driver who was driving uninsured or under the influence cannot recover pain and suffering in Oregon unless an exception applies. Medical bills, lost income, and other economic losses remain recoverable (ORS 31.715).

The rule concerns the injured person's own driving: the statute applies when the plaintiff was "in violation of ORS 806.010 or 813.010" at the time of the act causing injury. The law provides these exceptions:

• The other driver was also uninsured or driving under the influence.
• The injury resulted from an intentional wrongful act.
• The other driver's conduct amounted to reckless driving or a felony.
• For the uninsured-driver bar, you had liability coverage within 180 days before the injury and had no uninsured driving during the year immediately before that coverage lapsed.

Example: an uninsured driver's injury claim

For example, an uninsured driver has $20,000 in medical bills and lost income and $40,000 in pain and suffering. Without an exception, the driver can recover the $20,000 in economic losses and loses the $40,000 for pain and suffering. Coverage within the previous 180 days avoids the uninsured-driver bar if the driver also had no uninsured driving in the year before the policy lapsed.

Sources: ORS chapter 31; ORS chapter 806

You can recover compensation in Oregon when your fault is 50% or less, but the amount falls by your percentage of fault. At 51% or more, you recover nothing. Your fault is compared with the combined fault of the other responsible people, including someone you already settled with (ORS 31.600).

Example: shared fault on $100,000 in damages

Your share of fault also reduces the amount a PIP insurer seeks from the other driver's insurer. Read the Oregon comparative negligence rule for the fault comparison.

Sources: ORS chapter 31; ORS chapter 742

Your own underinsured motorist coverage can pay additional damages after the other driver's $25,000 minimum liability coverage. For policies issued or renewed on or after January 1, 2016, Oregon stopped subtracting the liability payment from your underinsured coverage limit.

Oregon auto liability policies must include uninsured motorist coverage, which also includes underinsured motorist coverage. The limits match your bodily injury liability limits unless a named insured chooses lower limits in writing. The chosen limits must still meet Oregon's minimum of $25,000 per person and $50,000 per crash (ORS 742.502).

Example: your coverage adds to the other driver's payment

The Oregon Division of Financial Regulation explains the 2016 change with Joe and Jane, each carrying $25,000 limits. Joe's insurer pays his $25,000 liability limit. Before the change, Jane's equal uninsured motorist limit prevented an additional payment; the division says that now "she may be paid up to an additional $25,000" by her own insurer.

For example, you have $100,000 in damages, no PIP payment, and $50,000 of underinsured motorist coverage. The other driver's insurer pays its $25,000 limit, leaving $75,000 unpaid. Your underinsured coverage pays up to its $50,000 limit.

When your insurer has already paid PIP for the same crash, that payment reduces the damages you can recover from it under uninsured or underinsured coverage. The PIP payment leaves your coverage limit unchanged (ORS 742.542).

Take a required policy step within two years

Within two years of the crash, you and the insurer must agree on the amount, either side must start arbitration, you must sue the insurer, or you must sue the uninsured driver. If you sue the driver, you then have two years after that settlement or judgment to start arbitration or sue your insurer (ORS 742.504(12)(a)). The underinsured motorist claim guide explains the filing steps.

The Insurance Research Council estimated that 14.7% of Oregon drivers were uninsured in 2023, the 18th-highest state rate, compared with 15.4% nationally. The Insurance Information Institute publishes the council's state table.

Sources: ORS chapter 742; Oregon Laws 2015, chapter 5 (Senate Bill 411); Oregon Division of Financial Regulation, "Have questions?" (Senate Bill 411 explainer); Insurance Information Institute, Facts + Statistics: Uninsured motorists (Insurance Research Council data)

An Oregon injury lawsuit has a two-year filing deadline. For a death claim, the estate's personal representative has three years from discovery, or reasonable discovery, of the injury causing death, and no later than three years after death.

The statute of limitations is the deadline to start the lawsuit. The Oregon injury filing-deadline page covers the general rule (ORS 12.110 and 30.020).

Earlier notice for a city, county, state, or transit claim

A public body means the state, a city, a county, a district, or a transit agency. The Oregon Tort Claims Act sets an earlier notice requirement and separate compensation limits for claims involving those bodies.

The notice clock excludes up to 90 days when injury, being a minor, or another incapacity prevents notice. Filing the lawsuit within the notice period or the public body's payment of part of the claim also satisfies the notice requirement (ORS 30.275).

The Oregon Judicial Department publishes these limits for injuries and deaths under the Oregon Tort Claims Act. Use the limits for the crash date; the annual increase on July 1 is limited to 3% (ORS 30.271 and 30.272).

Punitive damages are barred in claims covered by the Oregon Tort Claims Act (ORS 30.269).

A crash across the Columbia River in Vancouver, Washington follows Washington law.

Sources: ORS chapter 12; ORS chapter 30; Oregon Judicial Department, annual adjustments to Tort Claims Act limits

A successful Oregon claim seeking $10,000 or less can include court-awarded attorney fees if you send the required written demand at least 30 days before suing. A separate rule covers attorney fees in a lawsuit against your own insurer.

The written demand for a claim of $10,000 or less

Send the demand to the defendant and the defendant's insurer, if you know it. Include medical records and bills that reasonably explain the nature and extent of the injury. If you win, the court awards reasonable attorney fees at trial and on appeal, unless the defendant offered at least as much before the lawsuit as the damages awarded. Missing medical records and bills defeats the fee request (ORS 20.080). The car accident demand letter guide covers the written demand.

Example: an offer that included a PIP lien

The Oregon Court of Appeals decided Trapp v. Hodges on August 14, 2024. After a 2019 car crash, the other driver's insurer offered $3,900 "inclusive of all liens." The court read that offer as $1,215.64 for the injured person after the $2,684.36 PIP lien. The jury awarded $2,500, with $2,000 for personal injuries and $500 for economic damages, exceeding that net offer. Attorney fees were available, so the court reversed the fee ruling and sent the case back. The later outcome is unknown.

A lawsuit against your own insurer

When your insurer has not settled within six months after you file proof of loss, a successful policy lawsuit includes reasonable attorney fees if your recovery exceeds the insurer's offer. For PIP and uninsured or underinsured motorist claims, an exception applies if the insurer writes within those six months accepting coverage, narrowing the dispute to the allowed issues, and agreeing to binding arbitration. For PIP, the dispute must concern the amount; for uninsured or underinsured claims, the allowed issues are the other driver's fault and the damages (ORS 742.061).

The Oregon Court of Appeals applied that exception in Doss v. Farmers Insurance Co. on June 24, 2026. The insurer sent the required letter but later denied coverage issues in its court answer. The court held that this denial lost the protection from attorney fees, reversed, and sent the case back. The later outcome is unknown.

Court arbitration for claims of $50,000 or less

Oregon circuit courts require arbitration first for matters involving $50,000 or less. A party seeking a new trial must file within 20 days after the arbitration decision and award are filed and pay a $159 deposit (ORS 36.400 and 36.425).

A party that requests the new trial and does no better can owe money toward the other side's later fees and costs. The amount is 20% of the judgment when the defendant requested the trial, or 10% of the amount claimed in the complaint when the plaintiff requested it (ORS 36.425(5)).

Sources: ORS chapter 20; ORS chapter 742; ORS chapter 36; Trapp v. Hodges, 334 Or App 302 (2024); Doss v. Farmers Insurance Co., 350 Or App 831 (2026)

The Oregon Division of Financial Regulation lists the companies below in its 2025 private passenger auto market-share report, updated June 10, 2026. Each row is one insurance company, rather than a total for an insurance group.

What the claim-handling law requires

An insurer must investigate a claim reasonably, try in good faith to settle promptly and fairly when responsibility is reasonably clear, and avoid forcing a lawsuit through an offer substantially below the amount later recovered. Oregon's unfair claim settlement practices law names these prohibited acts (ORS 746.230(1)):

• "Refusing to pay claims without conducting a reasonable investigation based on all available information;"
• "Not attempting, in good faith, to promptly and equitably settle claims in which liability has become reasonably clear;"
• "Compelling claimants to initiate litigation to recover amounts due by offering substantially less than amounts ultimately recovered in actions brought by such claimants;"

A liability insurer owes its insured driver reasonable care in settling a claim within the policy limit. In the 1992 Georgetown Realty decision, the Oregon Supreme Court recognized the insured's right to sue for negligence when the insurer fails in that duty and a judgment exceeds the limit. That claim belongs to the insured driver.

The Oregon Division of Financial Regulation's accident page says an insurer has up to 45 days to investigate responsibility for the crash. Keep that period in mind when negotiating with the insurance adjuster.

Where to take an insurance complaint

The Oregon Division of Financial Regulation provides insurance help at 888-877-4894 and [email protected]. The division checks whether an insurer or agent follows Oregon law, but cannot serve as your legal representative. The division says most complaints are resolved within 60 days, depending on the type of complaint.

Sources: Oregon Division of Financial Regulation, 2025 private passenger auto market share (top 25); ORS chapter 746; Georgetown Realty decision, Oregon Supreme Court, 313 Or 97 (1992); Oregon Division of Financial Regulation, what to do after an accident; Oregon Division of Financial Regulation, file a complaint

The Oregon Judicial Department reports that 81.4% of the 59,923 general civil cases closed in Oregon in 2025 ended within 180 days and 93.0% within 365 days. Those figures cover all general civil case types, rather than injury claims alone.

The Oregon Judicial Department's 2025 trial report records 139 civil jury trials and an average of 810.67 days from filing to trial, more than two years.

The Oregon Division of Financial Regulation's accident page says insurers have up to 45 days to investigate who is responsible for a crash. The investigation period is not a deadline to finish your settlement.

The settlement timing guide explains the stages from claim to payment.

Sources: Oregon DMV, collision reporting; Oregon Division of Financial Regulation, what to do after an accident; ORS chapter 742; ORS chapter 30; ORS chapter 20; ORS chapter 12; ORS chapter 36; Oregon Judicial Department, 2025 time to disposition report; Oregon Judicial Department, 2025 cases tried, trial metrics

You can claim the reasonable charges for necessary medical treatment, including charges above what Medicare paid. The Oregon Supreme Court applied that rule in White v. Jubitz Corp. on October 15, 2009.

White involved a collapsed bar stool, not a car crash. The Oregon Supreme Court's 2009 White opinion records $38,977 in bills and $13,400 paid by Medicare; the court rejected reducing the medical award to the Medicare payment. Providers wrote off the rest of the bills. The defendant agreed that the bills were reasonable. The ruling concerns reasonable bills, rather than making every medical charge reasonable.

After a verdict, a court may deduct certain payments from other sources. Oregon protects benefits you must repay, insurance you or your family paid for, life insurance and death benefits, retirement and pension benefits, disability plan benefits, and federal Social Security benefits from that deduction (ORS 31.580).

Sources: White v. Jubitz Corp., 347 Or 212 (2009); ORS chapter 31

Oregon's punitive-damages statutes, ORS 31.730 and 31.735, set no dollar limit on a punitive award. Punitive damages require clear and convincing proof of malice or reckless and outrageous indifference to a highly unreasonable risk of harm, with conscious indifference to other people's health, safety, and welfare.

Your first complaint cannot request punitive damages. After filing, you may move the court for permission to add that request (ORS 31.725). The $500,000 death cap excludes punitive damages, and the Oregon Tort Claims Act bars punitive damages against public bodies.

The lawyer's agreed payment comes from the person's 30% share and is limited to 20% of the whole punitive award. The Attorney General receives the two state shares for deposit in their accounts (ORS 31.735).

For example, a $100,000 punitive award assigns $30,000 to the injured person, including up to $20,000 for the lawyer from that share, $60,000 to the crime victims account, and $10,000 to the court facilities account. The drunk-driving accident guide discusses injury claims involving an impaired driver.

Sources: ORS chapter 31; ORS chapter 30

Compensation received for physical injuries is excluded from federal income under 26 U.S.C. 104(a)(2). Oregon's income tax law starts from federal taxable income under ORS 316.048, carrying that exclusion into Oregon income.

Punitive damages are not excluded. The federal statute also says emotional distress by itself is not a physical injury or physical sickness.

Sources: 26 U.S.C. 104 (Cornell Legal Information Institute); ORS chapter 316

Yes. An injury or death requires drivers to submit the Oregon Traffic Collision and Insurance Report to the Oregon DMV within 72 hours. You must file even when police filed a report, and the DMV says to submit it as soon as possible if you missed the deadline.

The DMV also requires a report when damage to your vehicle exceeds $2,500, when damage to any vehicle exceeds $2,500 and any vehicle is towed from the scene, or when damage to property other than a vehicle involved in the crash exceeds $2,500 (ORS 811.720).

Submit the report through DMV2U using the DMV collision-reporting page, mail it to DMV Crash Reporting Unit, 1905 Lana Ave NE, Salem, OR 97314, or fax it to 503-945-5267. Call 503-945-5000 to request the form.

Failing to file leads the DMV to issue a suspension notice. Failure to report is also a Class B traffic violation (ORS 811.725). Submit one report per collision; the DMV says each additional report appears as another collision on your record.

The DMV says it cannot give you a copy of your own report under ORS 802.220(5). Getting a copy of the police crash report is a separate task.

Sources: Oregon DMV, collision reporting; ORS chapter 811

The Oregon Department of Transportation (ODOT) recorded 48,414 crashes, 536 deaths, and 39,503 injured people in 2024, the newest final year. ODOT's 2024 injury report counts 3,664 people with suspected serious injuries.

ODOT recorded 489 fatal crashes in 2024.

ODOT's Transportation Safety Office lists 178 alcohol-impaired deaths, 163 speeding-related deaths, 96 pedestrian deaths, 85 motorcyclist deaths, and 11 bicyclist deaths for 2024 in its FFY2027-2029 Triennial Highway Safety Plan, using federal Fatality Analysis Reporting System figures. ODOT's own crash data in that plan lists 277 drug-involved deaths in 2024. The counts overlap because one death can involve more than one factor, such as alcohol and speed.

ODOT's preliminary 2025 count was 485 traffic deaths in its November 4, 2026 update. ODOT's preliminary 2026 count through November 4 was 407 traffic deaths. Both preliminary counts are subject to change.

Sources: ODOT, Statewide Motor Vehicle Traffic Crashes 2015-2024 (run April 3, 2026); ODOT, serious injuries by year (2024 final figures; run April 7, 2026); ODOT, crash summaries by county; ODOT Transportation Safety Office, Triennial Highway Safety Plan FFY2027-2029; ODOT, crash data (initial fatal crash information for 2025 and 2026)

Each row concerns one case decided on its own facts by a jury, arbitrator, court, or public body, and the amount gives no value for another person's claim. The table identifies settlements, verdicts, and arbitration awards separately and preserves the amounts paid or reduced after an award.

Claims against a city or county follow the public body notice requirements and compensation caps described above.

Sources: Durette v. Virgil, 272 Or App 545 (2015); Sodaro v. Boyd, 325 Or App 511 (2023) (Justia copy of the court's opinion); City of Portland, Ordinance 190899 (2022); Robinson v. Tri-Met, 277 Or App 60 (2016); Berger v. State Farm Mutual Automobile Insurance Co., 290 Or App 485 (2018); Koenig v. State Farm Mutual Automobile Insurance Co., 315 Or App 28 (2021); Cooksley v. Lofland, 289 Or App 103 (2017); City of Portland, Ordinance 191579 (2024); McNeil v. Geico Casualty Co., 319 Or App 458 (2022); Clackamas County Board of Commissioners, settlement approval, September 22, 2022; Clackamas County Board of Commissioners, settlement approval, January 27, 2022; Scott v. Kesselring, 370 Or 1 (2022) (Justia copy of the court's opinion); ORS chapter 30

File the DMV report within 72 hours and open the PIP claim with the insurer covering you. Give earlier notice if a public body was involved, then keep the demand and lawsuit deadlines with your claim records.

Sources: Oregon DMV, collision reporting; ORS chapter 742; ORS chapter 30; ORS chapter 20; ORS chapter 12

Sources: National Association of Insurance Commissioners, 2022/2023 Auto Insurance Database Report (adopted December 2025); Oregon DMV, insurance requirements; ORS chapter 742; ORS chapter 31; ORS chapter 12; ORS chapter 30; ORS chapter 20; Oregon Laws 2015, chapter 5 (Senate Bill 411); Oregon Judicial Department, annual adjustments to Tort Claims Act limits; Oregon Division of Financial Regulation, what to do after an accident; Oregon Judicial Department, 2025 time to disposition report; Oregon Judicial Department, 2025 cases tried, trial metrics; 26 U.S.C. 104 (Cornell Legal Information Institute); ORS chapter 316; Oregon DMV, collision reporting; ORS chapter 811

Use the free AI calculator with attorney review to see a compensation range for your injury and treatment. Include your Oregon crash details, share of fault, and insurance limits.