Oregon Statute of Limitations for Personal Injury Claims

Contact an attorney right after you’re injured in a car accident so you aren’t prevented from recovering compensation for your damages by the statute of limitations. In addition, hiring an attorney soon after your accident allows the attorney to investigate your case, interview witnesses, and preserve evidence. On the other hand, suppose you wait to hire an attorney. In that case, evidence may be lost, and witnesses may not remember the accident.

Even though the statute of limitations in Oregon for car collisions is two years, some exceptions may give you more or less time to act to preserve your personal injury claim.

A few exceptions follow, but you should call a lawyer if you have been injured in a car collision to discuss whether an exception applies.

1. Advance Payment Exemption
   In Oregon, the statute of limitations for a personal injury claim is extended or “tolled” if the insurance company for the at-fault driver pays you for your injury or damage to your car unless the insurer writes you a letter notifying you of the last date you have to file a lawsuit. ORS 12.155(1) and ORS 31.560. Suppose the insurer fails to write you that letter within 30 days of the advance payment. In that case, ORS 12.155(1) extends the statute of limitations by the time between the date the payment was made and the date you received the letter.
2. Personal Injury Claims of Minors
   If you were a minor when you were injured, the statute of limitations is tolled or extended while you were under 18, so you may have more than two years to file a lawsuit. ORS 12.160(1). However, there are exceptions to this, so you should have your parent or guardian consult with an attorney to protect your rights. The deadline to file suit will not be extended beyond the earlier of your 19th birthday or for more than five years from the date of the accident. ORS 12.160(2). However, you must still file a lawsuit within two years of the accident if the at-fault party is a public or governmental body. ORS 30.275(9); see below.
3. Public or Governmental Entities.
   Suppose the at-fault party is a public or governmental entity, employee, or officer of a public entity, such as a city, county, or state agency. In that case, you may have to file a written “tort claim notice” with the agency within as little as 180 days of the accident. ORS 30.275(1) & (2)(a). A written tort claim notice must be filed within one year of the accident for wrongful death claims. ORS 30.275(2)(a). That is why it is important to hire a lawyer soon after your accident so they can investigate your case and determine if a public or governmental entity might be liable. Also, there are specific requirements for how to write a tort claim notice and to whom to send it, so you should consult with an attorney regarding this.