Oregon's Statute of Limitations for filing a car accident injury lawsuit is two years, generally. There are exceptions. Last week, Oregon's Court of Appeals confirmed another exception that allowed an injured woman to continue a lawsuit she filed over three years after the motor vehicle accident.
This exception arises when the insurance company pays for some or all damage to the car or truck. There's a law that is supposed to encourage payment. It says that if the insurance company pays, it is not admitting liability. In other words, the insurance company can still fight you on who actually caused the car accident. On the other hand, if the injured person gets a check for damage to the car, she might think that the insurance company is NOT going to fight the personal injury claim for medical bills and other monetary damages, too.
The exception to the two-year statute of limitations deals with this risk of confusion. ORS 12.155 says the insurance company must tell the injured person when the statute of limitations expires within 30 days of the time it pays for property damage. If it does not, then the 2-year statute of limitations is placed on hold, or "tolled." The two-year clock starts running again when the insurance company sends the letter stating when is the deadline for filing the lawsuit.
This exception applies to the owners of the car, not necessarily to a passenger.
Take home points:
• There are exceptions to the two-year statute of limitations for personal injury lawsuits in Oregon.
• One of the exceptions applies to owners of the motor vehicle when the insurance company pays for property damage but does not disclose when is the deadline for filing the lawsuit.
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
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.
