What Should I Do If I’m Injured by an Uninsured Motorist in Portland?

A car accident is jarring. But when the at-fault driver turns out to be uninsured, the situation can shift from frustrating to overwhelming, fast. If you’ve been injured in a crash with an uninsured driver in Portland, you’re not alone, and you do have legal and financial options. While dealing with medical expenses, lost wages, and insurance companies can be challenging, your path forward doesn’t have to be uncertain.

At Johnston Personal Injury Law Firm, we’ve stood beside Portland drivers facing this exact challenge. We understand how stressful it is when your own auto insurance suddenly becomes your primary safety net. This article will walk you through what you need to know about uninsured motorist coverage, your legal recourse, and how our law firm can help.

Uninsured Driver Statistics in Portland and Oregon

Oregon ranks consistently high for uninsured drivers. According to the Insurance Research Council, about 1 in 10 Oregon motorists operate a vehicle without car insurance. In Portland, the rates can be even higher due to urban density and vehicle traffic.

This means that a significant number of drivers on our roads pose a potential financial threat if they cause a car accident. Oregon law requires liability coverage, but not every driver follows the rules. And while it’s illegal to drive uninsured, that doesn’t prevent some from taking the risk, leaving responsible drivers to clean up the damage.

Understanding Oregon’s UM/UIM Coverage

In Oregon, uninsured motorist (UM) and underinsured motorist (UIM) coverage are built into nearly every auto insurance policy by default. The law mandates their inclusion unless the policyholder formally declines the coverage in writing—a step many drivers wisely avoid. This coverage acts as a crucial safety net when the other driver either lacks insurance altogether or doesn’t carry enough to fully compensate for your injuries.

Oregon takes it a step further by requiring your UM/UIM coverage to match the limits of your liability policy unless you specifically opt to increase it. At a minimum, these protections provide $25,000 per person and $50,000 per accident in coverage, which can be found on your auto insurance policy’s declarations page—commonly referred to as the “Dec page.” That page offers a snapshot of your policy’s key financial protections.

This coverage isn’t just for you. It typically extends to others in your vehicle, and even to certain family members residing in your household. It focuses on bodily injury, including costs related to medical treatment, pain and suffering damages, and more.

While personal injury protection (PIP) covers immediate out-of-pocket medical expenses regardless of fault, UM/UIM coverage steps in when the responsible driver’s lack of coverage threatens your financial recovery. Knowing how these layers of insurance interact can make all the difference in your claim.

What to Do After an Accident Involving an Uninsured Driver

If you’re injured in a car accident and the other driver has no insurance, your next steps can greatly impact both your health and your ability to seek compensation. Here’s what you should do to protect yourself and your claim:

• Seek Medical Care Right Away: Even if your injuries seem minor, get checked by a medical professional as soon as possible. Some injuries—like whiplash, internal bleeding, or concussions—may not appear immediately but can become serious over time. Prompt treatment also helps establish a medical record that supports your claim.
• Call the Police and File a Report: Always report the accident to law enforcement. A police report provides a third-party, objective account of the crash and may include useful details about the at fault driver’s condition, behavior, or admission of having no insurance. This document will be crucial when filing an uninsured motorist claim.
• Document the Scene Thoroughly: If it’s safe, take photos of the vehicles, your injuries, the surrounding area, and any visible damage. Collect contact information from the other driver—name, driver’s license number, license plate, and vehicle registration—even if they admit they’re uninsured. If it’s a hit-and-run, look for eyewitnesses and ask for statements. Note any nearby cameras or businesses that might have security footage.
• Notify Your Insurance Company Promptly: Inform your own insurance provider about the accident as soon as possible. Oregon requires an insurance report to be filed if there’s any injury or more than $2,500 in property damage. Be honest and factual—avoid making assumptions or admitting fault.
• Request a Copy of Your Policy’s Declarations Page: Ask your insurance company for your “Dec page,” which outlines your coverage amounts, including uninsured motorist coverage and PIP benefits. Knowing what coverage you have is essential when you’re dealing with an uninsured or underinsured driver.
• Avoid Speaking with the Other Driver’s Insurer (If Applicable): If the uninsured driver had an expired or partial policy, their insurance provider may still contact you. Do not engage with the opposing insurance company without legal advice. They may try to minimize or deny your claim.
• Consult a Personal Injury Lawyer Early: Oregon’s insurance laws are layered and can be difficult to navigate, especially when you’re healing. A skilled personal injury lawyer will review your policy, explain your PIP insurance benefits, and handle communication with your insurer. If you’re eligible to file an uninsured motorist claim, your attorney can advocate for full compensation and push back against unfair denials.

Taking the right steps after a crash with an uninsured motorist can mean the difference between getting properly compensated or being left with mounting medical bills and no support. Protect yourself by acting quickly and methodically.

What Recourse Do I Have if I’m Injured by an Uninsured Driver in Portland?

Even when the other driver lacks car insurance, you still have multiple avenues for seeking compensation. Your uninsured motorist coverage becomes your primary source for damages—this includes coverage for medical expenses, lost wages, pain and suffering, and sometimes funeral expenses.

In cases of severe injury, you might also be able to file a personal injury lawsuit directly against the uninsured driver. However, this approach depends on whether the at-fault driver has any assets worth pursuing, which is often not the case. In many instances, victims find themselves relying entirely on their own insurance policies.

This is where having strong UM/UIM coverage is crucial. At Johnston Personal Injury Law Firm, we thoroughly evaluate every client’s available insurance details to ensure all potential sources of recovery are pursued. You don’t have to navigate Oregon’s insurance laws alone. We’re here to make sure your rights—and your financial future—are protected.

How Do I File an Uninsured Motorist Claim After an Accident?

Filing a claim under your uninsured motorist coverage isn’t always as straightforward as it should be. While it involves your own insurance provider, these companies often scrutinize UM claims as aggressively as if they were defending the other driver.

Start by notifying your insurer in writing that you intend to file a UM claim. This should be done promptly—some policies have strict timelines, and delays can jeopardize your rights. Include relevant documents: police reports, medical records, photos, and any evidence showing the other driver lacked insurance.

Be prepared for a detailed evaluation. Your insurance company will likely investigate fault, verify your injuries, and even seek independent medical exams. They may question the severity of your injuries, dispute your lost wages, or suggest your medical treatment wasn’t necessary.

This is where working with a car accident attorney becomes vital. A personal injury lawyer can handle correspondence with the insurer, advocate for full UM benefits, and gather the documentation needed to support your claim. If a fair resolution isn’t reached, they can escalate to arbitration or litigation, depending on your policy terms.

At Johnston Personal Injury Law Firm, we’ve handled countless uninsured motorist claims, and we know how to get results.

What Happens if You Have No Insurance but the Other Driver Was at Fault?

If you were injured in a car accident where the other driver was clearly at fault, but you didn’t have insurance, your legal path becomes more complicated, but not impossible.

Under Oregon law, being uninsured doesn’t automatically prevent you from seeking compensation from the other driver’s insurer. However, you may face limitations. For example, Oregon’s “no pay, no play” rule restricts uninsured drivers from recovering certain non-economic damages like pain and suffering, even if the other driver was negligent.

You can still claim compensation for medical bills and property damage, but it’s an uphill battle, especially when facing the other insurance company without legal help.

If this situation applies to you, contact Johnston Personal Injury Law Firm. We’ll review your circumstances, determine what claims are viable, and help protect your interests—even if your car insurance coverage had lapsed at the time of the crash.

Does Uninsured Motorist Coverage Apply to Property Damage?

In Oregon, uninsured motorist coverage typically applies to bodily injury, not property damage. That means your injuries, medical expenses, and related losses are covered, but repairs to your vehicle may not be.

To cover property damage caused by an uninsured or underinsured driver, you may need to rely on collision coverage under your auto insurance or a separate form of uninsured motorist property damage (UMPD) coverage, if your insurer offers it.

Review your insurance policies carefully. If you’re unsure about what coverage applies to vehicle repairs after an accident with an uninsured motorist, an attorney can help interpret your policy language.

What Johnston Personal Injury Law Firm Can Do for You If You Were Injured by an Uninsured Motorist

At Johnston Personal Injury Law Firm, we know that getting hit by an uninsured driver doesn’t just disrupt your day—it can derail your life. The medical bills, insurance stress, and uncertainty about next steps can feel overwhelming. That’s where we step in.

Here’s how our Portland-based law firm supports clients injured by uninsured or underinsured drivers:

• Conduct a Full Review of Your Coverage: We analyze every detail of your auto insurance policy, including your uninsured and underinsured motorist coverage, PIP benefits, and any applicable third-party liability coverage. Our goal is to uncover every possible source of compensation available to you.
• Communicate Directly with Your Insurance Company: You won’t have to argue with adjusters or navigate confusing claim forms. We handle all communication and negotiation with your insurer so you can focus on your medical treatment and recovery.
• Build a Comprehensive, Court-Ready Case: We treat every claim with the seriousness of a trial. That includes gathering medical records, calculating lost wages, collecting witness statements, consulting with specialists, and thoroughly documenting your injuries and their impact.
• Push Back Against Lowball Offers: Insurance companies often try to minimize payouts, even when you’re working through your own provider. We know their tactics, and we’re skilled at pushing back to demand fair and full compensation.
• File a Lawsuit if Necessary: If negotiations don’t result in a just settlement, we are prepared to take your case to court. Our firm has a strong reputation in Oregon for holding insurance companies accountable and fighting aggressively for our clients.
• Advocate for Every Dollar You Deserve: Whether your case involves long-term medical expenses, serious injuries, or lost earning capacity, we pursue every type of damage you’re entitled to—economic and non-economic alike.

From day one, our team is committed to helping you recover—physically, financially, and emotionally. If you’ve been injured by an uninsured motorist, we’ll stand by your side every step of the way.

Contact Our Car Crash Attorneys Today for a Free Consultation

If you or someone you love has been hurt in a car accident involving an uninsured or underinsured driver, don’t wait to seek legal advice. Timing matters, and so does strategy.

At Johnston Personal Injury Law Firm, our car accident lawyers are ready to fight for your right to compensation. We offer a free consultation to review your case, your insurance details, and the best path forward. There’s no risk and no upfront cost.

Call our Portland office today or fill out our online form to schedule your free consultation. Let’s get you back on the road to recovery, together.