Accident Settlement Calculator

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Oregon Car Accident Settlement Calculator

In Oregon, you generally have 2 years to file an injury lawsuit, you recover nothing if more than 50% at fault, and drivers must carry at least $25,000/$50,000 in injury liability. Enter your numbers below to see what a Oregon claim may be worth and what you would actually take home.

1

Your accident

How serious is the injury?
2

Your costs so far

That's all you need for a first estimate. Rough numbers are fine.

Optional: make the estimate more accurate fault, insurance, lawyer fee
3

Fault and future costs

4

Insurance

5

What comes out of it

Oregon rules in 30 seconds

If you were partly at faultYou get nothing if you are more than 50% at fault
Details & exceptions

Oregon uses modified comparative negligence: an injured person can recover as long as their fault is not greater than the combined fault of the defendants and other persons whose fault is compared (so 50 percent or less), with damages reduced by their percentage of fault. At 51 percent or more, they recover nothing (ORS 31.600(1)).

Compare fault rules in all states →
Deadline to file a lawsuit2 years from the accident
Details & exceptions

ORS 12.110(1): 2 years for 'any injury to the person or rights of another, not arising on contract'. ORS 12.080(4): 6 years for 'taking, detaining or injuring personal property'. Claims against public bodies under the Oregon Tort Claims Act: notice of claim within 180 days after the loss or injury, excluding up to 90 days of incapacity (ORS 30.275(2)(b)), and suit within 2 years (ORS 30.275(9)). OTCA damages limits for the State (ORS 30.271) and local public bodies (ORS 30.272) are adjusted each July 1 by the State Court Administrator (CPI-based, capped at 3 percent a year), so the current figures change annually.

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Other driver's minimum insurance$25,000 per person, $50,000 per accident
Details & exceptions

Property damage minimum: $20,000. ORS 806.070: $25,000 bodily injury or death of one person, $50,000 for two or more persons, and $20,000 property damage per accident. Last listed amendment: 2021 c.630 sec. 87. SB 840 (2025, Or. Laws 2025 c. 415, effective Jan. 1, 2026) changed SR-22 and uninsured-driving suspension rules. Secondary summaries do not report any change to the dollar minimums, and sources dated 2026 still list 25/50/20.

Compare minimums in all states →
Who pays your medical billsThe at-fault driver's insurance; your own PIP can pay first if you have itSee all no-fault states →
Cap on pain and sufferingNo cap for typical car accident claims
Details & exceptions

No general cap for typical car accident injury claims. No cap on noneconomic damages for personal injury. In Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), a pedestrian struck by a garbage truck case, the Oregon Supreme Court held that the $500,000 cap in ORS 31.710(1) violated the remedy clause (Or. Const. art. I, sec. 10) as applied to personal injury claims. The 2021 Legislature (SB 193, Or. Laws 2021 c. 478) then narrowed ORS 31.710 so that it now caps noneconomic damages only in wrongful death actions, at $500,000. It does not apply to Oregon Tort Claims Act claims or workers' compensation claims. Claims against public bodies are subject to the separate OTCA total damages limits (ORS 30.271-30.273).

Uninsured motorist coverageRequired
Details & exceptions

ORS 742.502(1)-(2): every motor vehicle liability policy for a vehicle principally used or garaged in Oregon must include uninsured motorist coverage, and UM coverage 'must include underinsurance coverage'. UM limits default to the bodily injury liability limits. The named insured may elect lower limits in a signed writing, but not below the ORS 806.070 minimums (25/50). The statute provides no complete rejection.

Worked example: a typical Oregon car accident claim

Another driver turned left into you at an intersection in Oregon: $15,000 in medical bills, $5,000 in lost wages and a moderate injury that healed in a few months. The insurer says you were 20% at fault for speeding slightly, the other driver has a $100,000 policy, and your lawyer takes 33%.

  1. Economic damages$20,000Medical bills + expected future treatment + lost wages.
  2. Pain and suffering$20,000 – $40,000Multiplier method: economic damages × 2–3 for a moderate injury, minus the economic part itself.
  3. Total claim value$40,000 – $60,000Economic + pain and suffering.
  4. After your share of fault$32,000 – $48,000Oregon uses modified comparative negligence (51% bar): you recover nothing if you are 51% or more at fault; otherwise recovery is reduced by your 20%.
  5. Limited by available insurance$32,000 – $48,000At-fault policy limit $100,000 + your UM/UIM $0.
  6. Estimated take-home$20,440 – $31,160Minus attorney fee (33%), case costs and medical liens.

You would take home about $25,800 ($20,440 – $31,160), after the 33% fee and $1,000 in case costs.

Typical figures (midpoint of a moderate injury multiplier), no medical liens. Run your own numbersor see the same crash in every state.

How much time do you have to file?

General personal injury deadline only. It can be shorter for claims against a city, county or state agency (often a written notice within months), and longer for minors. Check with a lawyer before relying on it.

Deadline traps in Oregon

The 2-year lawsuit deadline is not the only clock. These are the ones people miss:

Crash with a government vehicle or on a public road180 days

Under the Oregon Tort Claims Act, give notice of claim to the State or local public body within 180 days of the injury (up to 90 days of incapacity don't count). The lawsuit must be filed within 2 years.

ORS 30.275, Notice of claim; time of action

If the injured person is a child

The 2-year clock is paused while the child is under 18, but the pause can add at most 5 years and cannot extend past 1 year after the 18th birthday. A parent's claim for the child's medical bills is paused the same way.

ORS 12.160, Suspension for minority and mental condition

How fast a Oregon insurer must respond

Oregon's claim rules require insurers to acknowledge any claim, including a third-party claim, within 30 days. The 30-day accept/deny deadline, with updates every 45 days, protects the insurer's own policyholders.

OAR 836-080-0225, Required claim communication practicesOAR 836-080-0235, Standards for prompt and fair settlements

If an insurer misses these deadlines, you can file a complaint with the state insurance department. Compare all states:insurance claim deadlines by state.

Next steps after a Oregon crash

Frequently asked questions

What is a typical car accident settlement in Oregon?
It depends on the bills, the injury and fault. Worked example: with $15,000 in medical bills, $5,000 in lost wages and a moderate injury, 20% of the fault, a Oregon claim against the other driver is worth about $40,000, and the injured person takes home about $25,800 after a 33% attorney fee and costs. At 51% fault, the same claim pays nothing in Oregon.
Is Oregon an at-fault or no-fault state for car accidents?
Oregon's car insurance system: At-fault with add-on PIP.
Is there a cap on pain and suffering in Oregon car accident cases?
No general cap for typical car accident injury claims. No cap on noneconomic damages for personal injury. In Busch v. McInnis Waste Systems, Inc., 366 Or 628 (2020), a pedestrian struck by a garbage truck case, the Oregon Supreme Court held that the $500,000 cap in ORS 31.710(1) violated the remedy clause (Or. Const. art. I, sec. 10) as applied to personal injury claims. The 2021 Legislature (SB 193, Or. Laws 2021 c. 478) then narrowed ORS 31.710 so that it now caps noneconomic damages only in wrongful death actions, at $500,000. It does not apply to Oregon Tort Claims Act claims or workers' compensation claims. Claims against public bodies are subject to the separate OTCA total damages limits (ORS 30.271-30.273).
What happens if I was partly at fault for an accident in Oregon?
Oregon follows modified comparative negligence with a 51% bar: you recover nothing if you are 51% or more at fault, and otherwise your recovery is reduced by your percentage of fault.
How long do I have to file a car accident lawsuit in Oregon?
Generally 2 years for personal injury and 6 years for property damage. ORS 12.110(1): 2 years for 'any injury to the person or rights of another, not arising on contract'. ORS 12.080(4): 6 years for 'taking, detaining or injuring personal property'. Claims against public bodies under the Oregon Tort Claims Act: notice of claim within 180 days after the loss or injury, excluding up to 90 days of incapacity (ORS 30.275(2)(b)), and suit within 2 years (ORS 30.275(9)). OTCA damages limits for the State (ORS 30.271) and local public bodies (ORS 30.272) are adjusted each July 1 by the State Court Administrator (CPI-based, capped at 3 percent a year), so the current figures change annually.
What is the minimum car insurance in Oregon?
$25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage. ORS 806.070: $25,000 bodily injury or death of one person, $50,000 for two or more persons, and $20,000 property damage per accident. Last listed amendment: 2021 c.630 sec. 87. SB 840 (2025, Or. Laws 2025 c. 415, effective Jan. 1, 2026) changed SR-22 and uninsured-driving suspension rules. Secondary summaries do not report any change to the dollar minimums, and sources dated 2026 still list 25/50/20.
What is the deadline to file a claim against the government in Oregon?
180 days. Under the Oregon Tort Claims Act, give notice of claim to the State or local public body within 180 days of the injury (up to 90 days of incapacity don't count). The lawsuit must be filed within 2 years.
How long does an insurance company have to respond to a claim in Oregon?
Oregon's claim rules require insurers to acknowledge any claim, including a third-party claim, within 30 days. The 30-day accept/deny deadline, with updates every 45 days, protects the insurer's own policyholders.

Related

Official sources