The driver who hit you may have no insurance, or may carry limits that do not cover the full loss. Your own insurance coverage may still apply.
Oregon requires every auto policy to include uninsured and underinsured motorist coverage, so compensation may be available under your own policy. Your insurance company still evaluates the claim and may dispute its value. Luis Martinez is an Oregon uninsured motorist attorney who spent nearly five years as a claims adjuster before representing injured people. He knows how insurers evaluate these claims from the inside. The consultation is free, in English or Spanish.
Uninsured and underinsured motorist coverage in Oregon
Every auto policy sold in Oregon includes uninsured motorist coverage, generally at least $25,000 per person and $50,000 per crash. Underinsured motorist coverage comes with it. Most people never chose this coverage and do not know they have it; it is on your declarations page all the same.
Uninsured motorist coverage applies when the at-fault driver has no insurance. It can also apply in many hit-and-run situations where the driver is never identified, though those claims come with reporting requirements that run quickly. Underinsured motorist coverage applies when the at-fault driver has insurance but not enough, and your own coverage helps make up the difference. How the numbers work depends on the policies and coverage years involved, which is exactly the kind of thing to have reviewed rather than guessed at.
Here is the part that surprises people: in an uninsured motorist claim, your own insurance company stands in the at-fault driver’s shoes. The company you have paid premiums to for years evaluates your claim the way an opposing insurer would. Oregon law holds insurers to duties of good faith in how they handle these claims, but a fair result still has to be built and argued for, not assumed.
Depending on the policy, uninsured motorist coverage can also extend to passengers and to an insured person who is hit as a pedestrian or cyclist. This is separate from personal injury protection, which pays initial medical bills regardless of fault.
What we do with an uninsured motorist claim
First we establish what coverage actually exists: confirmation that the at-fault driver was uninsured or underinsured, and a careful read of your own policy, including its limits, notice requirements, and any consent provisions. Some policies require your insurer’s written agreement before you accept the other driver’s policy limits, and missing that step can put underinsured benefits at risk. We make sure no technicality like that costs you coverage.
Then we build the claim itself, which is really two cases at once: proof that the other driver caused the crash, and full documentation of your injuries and losses. Luis evaluated claims like these as an adjuster. Uninsured motorist files get the same scrutiny as any other injury claim, sometimes more, because the insurer is paying out of its own pocket. We prepare for that scrutiny before it arrives.
If the insurer will not offer a fair number, the claim does not end there. Depending on the policy, an uninsured motorist dispute moves to arbitration or to court, and we prepare every claim so it is ready for either. Throughout, we coordinate the claim with your PIP benefits, deal with the insurer’s calls and paperwork, and keep you informed so you do not have to manage the process alone.
What an uninsured motorist claim can recover
An uninsured motorist claim covers the same categories of harm as a claim against an insured driver, paid through your own coverage up to its limits:
- Medical expenses beyond what personal injury protection covers, including future care your providers expect
- Wage loss while you cannot work, and reduced earning ability where injuries have lasting effects
- Pain, suffering, and the ways the injury changes daily life
- In underinsured motorist claims, the gap between the at-fault driver’s inadequate coverage and what your claim is actually worth
This is coverage you have been paying for. The available limits and policy requirements should be understood before you accept a settlement.