Yaquina Law, Oregon Hit and Run Lawyer
A hit and run car accident can happen in an instant. One moment you are driving down Highway 101, crossing a familiar Newport intersection; in the next moment, you are on the shoulder with a damaged vehicle, a growing ache in your neck and shoulders, and taillights disappearing down the road as the driver flees the scene.
A Portland hit and run — just like a hit and run anywhere else in the state — can leave you with medical bills, lost income, and a damaged car. It also leaves you without another driver to exchange information with. While this absence may feel like the end of the road, it usually isn’t. Even if hit and run victims never locate the driver, they may still be able to recover compensation. Oregon law and your own insurance coverage may provide options.
At Yaquina Law in Newport, we handle hit-and-run cases throughout Lincoln County, the Oregon Coast, and beyond. If you were hurt by a hit-and-run driver, call 541-272-5500 for a free consultation.
After the Accident: Duties of a Driver, According to Oregon Law
Oregon law does not use the term “hit and run” in its statutes; the state only sets out what a driver must do after a crash. Leaving the scene without taking the required steps can result in a criminal charges.
Property Damage Only
Under Oregon Revised Statute 811.700, a driver involved in a crash that causes property damage must stop as soon as possible and investigate what was hit. If the other vehicle or property is attended, the driver must stay at the scene and provide:
- Their name and address
- The name and address of the vehicle’s owner
- The vehicle’s registration number
- The name and contact information for their insurance company
- Their insurance policy number
- Their driver’s license, if requested
If the damaged property is unattended, the driver must try to find the owner. This can include a parked car, mailbox, or fence. If the owner cannot be found, the driver must leave a written notice in a conspicuous place with the required information.
A driver may not realize a crash happened until later. In that case, the driver must make a good-faith effort to meet these requirements as soon as possible. Failing to meet these duties is a Class A misdemeanor.
Injury or Death
The requirements are more serious when a crash results in injury or death. Under ORS 811.705, the driver must stop and remain at the scene. The driver must provide their identity and insurance information. They must also show proof of driving privileges if asked and give reasonable help to anyone who is hurt. That assistance can include arranging transportation for medical care. The driver must notify police if an injured person is unconscious, has died, or cannot receive the required information.
The criminal penalties are also more serious. Hit and run charges of this magnitude are generally considered a Class C felony. It can become a Class B felony when someone suffers serious physical injury or dies. A conviction can also affect a person’s driving privileges for years.
Criminal Charges Are Separate from Your Injury Claim
These criminal penalties apply to the driver who leaves the scene of an accident, but they do not compensate you for your medical bills, lost income, or other losses. Even if the other driver is prosecuted, you may still need to file an insurance claim or lawsuit to recover your losses. That is why it is important to have someone protecting your interests.
Oregon Hit and Run Injury Claims: An Overview
You may still be able to recover compensation when a driver leaves the scene. Your own insurance may cover some of your losses, and an investigation may also help find the driver. In the meantime, your financial options may include the following:
1. Uninsured motorist (UM) coverage
Oregon requires auto insurance policies to include uninsured motorist coverage of at least $25,000 per person and $50,000 per accident. This coverage can apply when a hit-and-run driver cannot be identified.
Oregon has special rules for claims involving an unknown driver; you must report the crash to police within 72 hours. You must also file a sworn statement with your insurance company within 30 days of the police report. The statement must say that you have a claim against a driver who cannot be identified. Missing these deadlines can hurt your claim, so be sure to act quickly if you were injured in a hit and run.
2. Personal Injury Protection (PIP)
Oregon drivers’ insurance includes at least $15,000 in Personal Injury Protection, or PIP, benefits. PIP can pay covered medical bills no matter who caused the crash; it may also apply if the other driver is never found. PIP can help pay bills while you find out what other coverage may apply. Note that PIP only applies to medical expenses and lost wages; it does not cover pain and suffering.
3. Identifying the Driver
In some cases, your hit-and-run driver may be identified even after leaving the scene. Evidence may include traffic or security video, paint marks, and vehicle parts left at the scene. Witness statements, damage to the vehicles, and reports from law enforcement may also help. This evidence can disappear quickly, so it is important to report the accident and work with an attorney who can help pursue all evidentiary avenues on your behalf.
4. Collision and property damage coverage
If your car was damaged, collision coverage may pay for repairs even if the other driver has not been found. Your property damage and injury claims are separate. Different insurance coverage may apply to each, and insurance companies may try to undervalue your property loss. An hit and run accident attorney will be able to maximize your financial recovery and expedite the process.
Oregon Motorcycle Hit and Run Cases
A motorcycle rider can suffer serious injuries in a hit and run. A hit-and-run does not require physical contact; a car may force a motorcycle off the road and leave without hitting the bike. On Highway 101, in Newport, or on other coastal Oregon roads, a fleeing driver may never be identified, and the rider may be left with massive medical bills.
Motorcycle policies may have different PIP benefits than standard auto policies. Pedestrians and bicyclists in Newport and along Oregon’s coastal highways can face similar issues after a hit-and-run. The available insurance coverage depends on the circumstances and the policies involved. You may also need to prove that another vehicle caused the crash, and/or that your speed or position on the road was appropriate at the time of impact.
What to Do After a Hit and Run Accident in Oregon
- Call 911 immediately. Report the crash and get medical attention. The police report is often the document your UM claim depends on, and the 72-hour window is real.
- Write down everything you remember about the vehicle. Note its color, make, body style, damage, partial plate, and direction of travel. Do it as soon as you can, while the details are fresh.
- Photograph the scene, your vehicle, and your injuries. Include the position of debris and any transferred paint.
- Look for witnesses and cameras. Note nearby businesses, homes with doorbell cameras, and anyone who stopped.
- Get evaluated even if you feel functional. Some injuries are not immediately apparent after a crash, and gaps in treatment can become an issue in an insurance claim.
- Tell your insurer about the hit and run. Be careful about giving a recorded statement before you understand your policy.
- Talk to a lawyer before you accept anything. Remember that your insurer has its own financial interests when evaluating your UM claim.
Oregon generally gives you two years to file a personal injury lawsuit after a crash. UM claims also have a two-year deadline for taking certain steps to preserve the claim.
Not sure what to do next? Yaquina Law can review your accident, insurance coverage, and deadlines and explain your options. Call 541-272-5500 for a free case review.
Why Work With a Newport Hit and Run Attorney
We investigate the crash even if the driver is never found. We look for video before it is erased and work with crash experts when needed. We also document your injuries and lost income and identify the insurance coverage that may apply. If the driver is identified, we also pursue their liability insurance.
You can learn more about our approach, step by step, in Working With Personal Injury Attorney: The Typical Process.
Adam Springer, JD, prepares every case as though it will go to trial. That preparation can make a significant difference when negotiating with an insurance company over a hit-and-run claim. Contact us today at 541-272-5500.
Frequently Asked Questions
If the hit-and-run driver cannot be identified, Oregon law generally requires you to report the accident to police within 72 hours to pursue an uninsured motorist claim.
You must also file a sworn statement with your insurance company within 30 days of the police report stating that you have a claim against an unidentified driver. Because missing these deadlines can affect your ability to recover compensation, report the crash as soon as possible.
Not necessarily. A driver can cause a crash without actually striking your vehicle. For example, a car might force a motorcyclist off the road and then leave the scene. In these cases, evidence such as witness statements, surveillance video, vehicle debris, and police reports can be especially important in establishing what happened.
Often, yes. Uninsured motorist and PIP coverage on your own policy are designed for exactly this, and neither requires identifying the driver, though both require timely notice.
Oregon law restricts insurers from surcharging you for a claim where you were not at fault. If your carrier raises a problem, tell us.
Possibly. Providing false information, or leaving before completing the required duties, can still violate the statute, and it changes how we approach your claim.
Talk to us before deciding. Some injuries may not be clear right away. The deadlines for your claim usually start on the date of the crash, not the date you realize you are hurt.
Talk Through Your Legal Options
You did nothing wrong, and you should not absorb the cost of someone else’s decision to leave. We will review the police report, read your policy, tell you honestly what coverage is available, and explain your legal options with no obligation and no fee unless we recover for you.