Comparative Negligence in Oregon
Oregon’s modified comparative negligence law means you can claim damages if you are assigned less than 50% fault in an accident.
Written by Tiffany Leung
Reviewed by Kathleen Flear
Oregon
is a modified comparative negligence state. Drivers involved in a car accident in Oregon
may be compensated only if their level of fault in an accident was under 50%. RECOMMENDED
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What is comparative negligence?
Comparative negligence is used to determine how much you can claim in damages. Insurance companies compensate drivers proportional to their assignment of fault.
If you were in an accident and were assigned 30% fault, your insurance company would be responsible for covering 30% of the other driver’s damages. The insurer of the other driver—who was assigned 70% fault—will have to pay out 70% of your damages.
When assigning fault for personal injury lawsuits or third-party insurance claims, comparative negligence principles are followed. The fault will be assigned to each party after the juror or insurance company completes its investigation.
Comparative negligence vs. contributory negligence
The comparative negligence principle can be broken down into three rules: pure comparative negligence, modified comparative negligence, and contributory negligence. Below is a short description of what each means:
- Pure comparative negligence: All parties involved are entitled to compensation.
- Partial or modified comparative negligence: Only parties assigned under 50% or 51% fault are entitled to compensation.
- Contributory negligence: Only parties assigned zero fault are entitled to compensation.
Most states follow modified comparative negligence, but there are also 12 pure comparative negligence states and 5 pure contributory negligence states.
What is Oregon’s comparative negligence law?
The state of Oregon observes the modified comparative negligence rule—all parties can claim compensation as long as their fault was less than 50%.
For instance, if you were found to be 25% at fault, the other driver’s insurance will pay out up to 75% of your damages. The other driver will not be compensated since their fault is over 50%.
What happens if there are more than two responsible parties?
If there are more than two responsible parties, the fault will be divided among those involved. Assuming that you were less than 50% at fault, you can file a claim with either or both of the drivers’ insurers. The proportion will be relative to the fault each driver was assigned.
How is fault decided in a comparative negligence case?
In a comparative negligence case, insurance companies decide fault based on the evidence and police reports.
This is why it’s important to submit as much detail as you can to ensure that fault is assigned accurately. Try to make note of what the weather and road conditions were like, what time and day the accident occurred, as well as the make and model of the cars involved.
Getting witness statements and photos of the accident can also help back up your claims.
How does car insurance work with comparative negligence?
As a modified comparative negligence state, Oregon car insurance will only compensate parties with less than 50% blame. The compensation that is awarded will be in proportion to how much fault the other driver is assigned.
To use an example, imagine someone didn’t stop at a red light while you were driving through the intersection. They ended up hitting you on the passenger side and caused significant damage.
After investigating the evidence available, the insurance companies determined that the other driver was driving under the influence and speeding. However, the insurers also found that the traffic light had turned yellow before you started driving through the intersection. The other driver is then assigned 90% fault for driving dangerously, but you are also assigned 10% fault.
Following the modified comparative negligence law in Oregon, you can claim up to 90% of your damages through the other driver’s insurance. The other driver will not be able to file a claim with your insurance since they are assigned over 50% fault.
How to find affordable car insurance
Although you will be compensated, your damages won’t be fully covered under comparative negligence. Fortunately, you can bridge that gap by having the right
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FAQ
Will my insurance go up if I’m at fault in an accident?
Yes. Insurance providers calculate your premium depending on your demographics, the car you drive, and your driving record. After an at-fault accident, your insurance company could flag you as a risky driver, leading to an increase of 20% in your car insurance rates.
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