Q: Can I make a UM/UIM claim against my own insurance after a hit-and-run in Oregon?

Yes. Oregon's uninsured motorist coverage applies to hit-and-run crashes where the at-fault driver cannot be identified. Your own UM policy provides compensation for injuries, lost wages, and pain and suffering up to your policy limits. Prompt legal advice after a hit-and-run is essential because UM hit-and-run claims have specific requirements and insurers frequently contest them aggressively.

Q: Does UM/UIM coverage apply if I am hit while walking or cycling in Oregon?

Yes. Oregon's UM/UIM coverage applies to the policyholder regardless of how they were traveling at the time of the crash. If you were hit by an uninsured or unidentified driver while walking, cycling, or riding an e-bike, your own auto insurance UM/UIM coverage applies. If you live with a family member who has an auto policy, their coverage may also apply to you as a resident family member.

Question 1

I just found out the driver who hit me has no insurance — what do I do right now in Oregon?

Accepted Answer

First, do not try to resolve this directly with the at-fault driver — an uninsured driver is unlikely to be able to pay significant damages out of pocket. Call your own insurance company and open a UM claim immediately. Oregon requires UM coverage on every auto policy, meaning your own insurer steps into the shoes of the at-fault driver and handles your medical bills, lost wages, and pain and suffering up to your policy limits. Report the crash to law enforcement if you have not already done so — a police report documenting the other driver&#x27;s lack of insurance strengthens your UM claim. Do not give a recorded statement to anyone without first consulting an attorney; even your own insurer&#x27;s adjuster is focused on minimizing the payout. Contact Kaplan Law for a free consultation — approximately 14.7% of Oregon drivers and 19.1% of Washington drivers are uninsured, making this one of the most common serious injury scenarios we handle.

Question 2

My insurance agent never explained UM/UIM to me — did I automatically get it on my Oregon policy?

Accepted Answer

In Oregon, yes — UM/UIM coverage is automatically included in every auto insurance policy issued in the state. Oregon law requires it, and you cannot be sold an Oregon auto policy without it. The minimum is $25,000 per person, but your policy may carry higher limits if your liability coverage is higher, since Oregon law generally requires UM/UIM limits to match your bodily injury liability limits unless you specifically elected lower limits in writing. Oregon&#x27;s comprehensive model under ORS 742.502 also means any policy term less favorable than state law is unenforceable — even if your insurer put it in the contract. Washington is different: insurers must offer UM/UIM but drivers can reject it in writing, which means some Washington drivers have no coverage. If you are uncertain what limits you carry, pull out your declarations page and look for the UM/UIM line — if it says $25,000, you are underprotected for any serious crash.

Question 3

Can I make a UM/UIM claim against my own insurance after a hit-and-run in Oregon?

Accepted Answer

Yes. Oregon&#x27;s uninsured motorist coverage applies to hit-and-run crashes where the at-fault driver cannot be identified. Your own UM policy provides compensation for injuries, lost wages, and pain and suffering up to your policy limits. Prompt legal advice after a hit-and-run is essential because UM hit-and-run claims have specific requirements and insurers frequently contest them aggressively.

Question 4

My insurer is offering me much less than my UM/UIM policy limits. What can I do?

Accepted Answer

Your own insurer has a contractual obligation to deal with you in good faith. When they fail to do so, Oregon law provides two recourse options: binding arbitration (if both parties agree) or a civil lawsuit with full jury trial rights. Oregon&#x27;s comprehensive model means any policy term less favorable than state law is unenforceable, even if the insurer relies on it. When you make a UM/UIM claim, your own insurance company becomes your adversary, which is exactly why independent legal representation is essential.

Question 5

How much UM/UIM coverage should I carry in Oregon?

Accepted Answer

Most people carry far less than they need. A 100/300 policy pays a maximum of $100,000 per person and $300,000 per occurrence. If a family of four is seriously injured in one crash, that $300,000 is split among all four. With hospitalization, future medical costs, lost wages, and pain and suffering, $300,000 for an entire family is grossly inadequate. Matthew Kaplan strongly recommends carrying at least $500,000 in combined UM/UIM coverage if possible.

Question 6

The driver who hit me has some insurance but not enough to cover my injuries — can I use my own policy for the rest?

Accepted Answer

Yes — this is exactly what underinsured motorist (UIM) coverage is designed for. If the at-fault driver&#x27;s liability policy is not enough to cover your full damages, you can stack your own UIM coverage on top. Under Oregon&#x27;s stacking law, established by SB 411 (effective January 1, 2016) and reinforced by Batten v. State Farm (Oregon Supreme Court, 2021), your UIM coverage adds on top of the at-fault driver&#x27;s liability limits rather than offsetting them. For example, if the at-fault driver carries $25,000 in liability coverage and you have $100,000 in UIM coverage, you can potentially recover up to $125,000 combined. You must first exhaust the at-fault driver&#x27;s liability policy — or get your insurer&#x27;s consent to settle — before your UIM coverage kicks in. Oregon&#x27;s $25,000 minimum UIM coverage is rarely adequate for a serious injury; Matthew Kaplan recommends carrying at least $100,000 per person.

Question 7

Does UM/UIM coverage apply if I am hit while walking or cycling in Oregon?

Accepted Answer

Yes. Oregon&#x27;s UM/UIM coverage applies to the policyholder regardless of how they were traveling at the time of the crash. If you were hit by an uninsured or unidentified driver while walking, cycling, or riding an e-bike, your own auto insurance UM/UIM coverage applies. If you live with a family member who has an auto policy, their coverage may also apply to you as a resident family member.

Question 8

What tactics do Oregon insurance companies use to minimize UM/UIM claims?

Accepted Answer

Common tactics include: disputing the severity of your injuries or questioning the necessity of treatment; arguing that your injuries were caused by a pre-existing condition, not the crash; misrepresenting the terms of your policy; requesting excessive documentation designed to delay the claim; making lowball initial offers hoping you will settle before understanding the full value of your claim; and in some cases, outright denying coverage on technical policy arguments. An experienced UM/UIM attorney knows how to counter each of these tactics.

Question 9

I waited three weeks to report the crash to my insurance company — can they deny my UM/UIM claim in Oregon?

Accepted Answer

They may try — but Oregon law significantly limits their ability to do so. While most Oregon auto policies include prompt reporting requirements, Oregon&#x27;s comprehensive model under ORS 742.502 prevents insurers from denying or reducing UM/UIM coverage based on policy terms that are less protective than state law requires. To successfully deny coverage based on a reporting delay, an insurer must show that the delay actually prejudiced their ability to investigate the claim — which is a high bar. Three weeks is unlikely to constitute sufficient prejudice to defeat an otherwise valid UM/UIM claim in Oregon, particularly when the injuries are documented and the crash is on record with law enforcement. Do not assume a delayed report ends your claim. Contact Kaplan Law to evaluate your specific situation before accepting any denial from your insurer.

Question 10

My insurance company and I disagree on what my UM/UIM claim is worth — what are my options in Oregon?

Accepted Answer

You have two options: binding arbitration or a civil lawsuit with a full jury trial. Arbitration is conducted by a neutral arbitrator or panel and is generally faster and less expensive than litigation — the rules of evidence are more relaxed, scheduling is controlled by the parties, and arbitrators with injury claim experience tend to produce more predictable outcomes. A jury trial in circuit court is also available and has one meaningful advantage: unlike a standard liability case, the jury in a UM/UIM case knows that the real defendant is an insurance company, not an individual — they cannot hide behind insurance anonymity rules. This can work in your favor when jurors understand that a large insurer is trying to minimize a seriously injured person&#x27;s recovery. Either path requires thorough preparation: full medical documentation, economic damages analysis, life care planning in serious cases, and experienced legal representation. Your insurer&#x27;s first offer is almost never their best offer — and having an attorney changes the calculus significantly.

Uninsured / Underinsured Motorists FAQs