Oregon · Comparative fault · Updated Oct 2026

Comparative fault in Oregon: who pays when both drivers share the blame

How modified comparative fault with a 51% bar works in Oregon, the law behind it and how insurers apply it.

Short answer

In Oregon, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Rule
Modified (51% bar)
You recover nothing at
51% of the fault or more
Law
ORS 31.600: you can recover if your fault is not greater than the combined fault of the others; your damages are cut by your share.
Insurance system
Fault (tort)

Insurance and small claims in Oregon

Fault-based, but private passenger policies must include personal injury protection (PIP): at least $15,000 for medical expenses within 2 years, 70% of lost income (up to $3,000 a month, 52 weeks) if you are disabled for at least 14 days, and funeral costs up to $5,000. PIP pays first no matter who caused the crash; it does not limit your right to sue.

Small claims limit for car damage in Oregon: $10,000 (claims of $750 or less must go to small claims). Oregon small claims guide on Small Claims Map

How fast an insurer must handle a claim in Oregon

  • ORS 746.230 bars insurers from failing to acknowledge and act promptly on claims, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle claims when liability is reasonably clear.
  • For PIP medical bills, charges are presumed reasonable unless the insurer denies them within 60 days after notice of the claim (ORS 742.524).

More facts for Oregon

  • Oregon is one of the few fault states that requires PIP on every private passenger policy (ORS 742.520).

If the insurer says you were partly at fault

  1. Get the police report. DMV cannot give you a copy of the report you filed (ORS 802.220(5)), so save a copy when you submit it. Reporting a crash in Oregon and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Oregon Division of Financial Regulation (DFR).
  4. Sue before the deadline: 6 years for property damage and 2 years for injury. Deadlines to sue in Oregon, with the calculator

Who pays in Oregon: fault and payout explainer

Modified comparative fault (51% bar)In Oregon, your damages are reduced by your share of the fault, and you can't recover at all if you were more than 50% at fault (51% or more).

Free help in Oregon

Questions about comparative fault in Oregon

Is Oregon a comparative negligence state?

Yes, modified comparative negligence with a 51% bar. ORS 31.600: you can recover if your fault is not greater than the combined fault of the others; your damages are cut by your share.

Where can I complain if an insurer blames me unfairly in Oregon?

Oregon Division of Financial Regulation (DFR): https://dfr.oregon.gov/help/complaints-licenses/Pages/file-complaint.aspx · 888-877-4894

How fast must an insurer handle a car insurance claim in Oregon?

ORS 746.230 bars insurers from failing to acknowledge and act promptly on claims, failing to affirm or deny coverage within a reasonable time after proof of loss, and not trying in good faith to settle claims when liability is reasonably clear. For PIP medical bills, charges are presumed reasonable unless the insurer denies them within 60 days after notice of the claim (ORS 742.524).

How do I get the police report in Oregon?

DMV cannot give you a copy of the report you filed (ORS 802.220(5)), so save a copy when you submit it. For the police report, ask the agency that responded (city police, sheriff or Oregon State Police).

More for Oregon drivers

Nearby states

Sources

Last checked: Oct 24, 2026.