Oregon families are suffering financially from unemployment and underemployment, making it difficult to pay that motor vehicle insurance policy premium. Today, I received a call from someone who was injured in a car accident, and the police ticketed her for driving uninsured. This post covers the legal consequences of driving while uninsured in Oregon.
First, Oregon law prohibits (1) driving without insurance and (2) not providing proof of insurance to Oregon's Department of Transportation. A violation of either is a Class B traffic violation. Currently, that will cost you up to $360. (Who knows when that might change.)
Second, if you are involved in a motor vehicle accident, then an Oregon court could suspend your driver's license.
Third, if you are injured in the car accident, then you can lose your right to recover money for noneconomic damages, which include compensation for pain, inability to engage in activities, emotional suffering, etc. In other words, if you get hurt so bad that you must limp for the rest of your life, you get no money damages for the limping. There are exceptions to this "Bar of Nonecomomic Damages," including if the insurance recently lapsed (within 180 days) or if the guy who caused the accident was reckless.
Fourth, an Oregonian convicted of driving without insurance must file a special document with the Oregon Department of Transportation to show proof of future insurance for three years.
Fifth, you need to carry your insurance card if you are insured and show it to the police if asked. Failure to carry proof of insurance is also a Class B traffic violation. Fortunately, if you get proof of insurance to the court clerk before the date listed on the citation, the court will dismiss the charge.
Exemptions from mandatory insurance include snowmobiles, farm tractors, antique cars with the proper registration, and motor-assisted scooters or other personal mobility devices. Also, no insurance is required if you are driving on private property not open to the public.
However, even if you don't need insurance for some of these vehicles, especially snowmobiles, you should get it for the reasons set forth in my other post. Do you really want to put at risk your home and life's savings if something unexpected happens while snowmobiling?
Get insurance, whether or not the law requires it or you think you can afford it.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
http://www.jeffmerrick.com 503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
