Driving uninsured is illegal and puts you and others at risk of significant financial hardship in the event of an accident. If you are injured in an accident while driving uninsured in Oregon, you may face legal limitations on your ability to recover damages in a personal injury lawsuit. In this article, we will explore the legal constraints on recovery of noneconomic damages arising from the operation of a motor vehicle for uninsured plaintiffs as outlined in ORS 31.715.
Legal Limitations on Recovery
ORS 31.715 establishes limitations on recovery of noneconomic damages, as defined in ORS 31.710, in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff violated ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) at the time the act or omission causing the death or injury occurred.
Conclusive Presumption of Violation
According to ORS 31.715(2), a person is conclusively presumed to have violated ORS 806.010 or 813.010 if the person is convicted in a criminal proceeding of one or both offenses. This means that if you are convicted of driving uninsured or under the influence of intoxicants, you will be subject to the limitations on recovery of noneconomic damages outlined in ORS 31.715.
Burden of Proof for Defendants
Suppose you have not been convicted of driving uninsured or drunk driving. In that case, the defendant in the civil action may establish in the civil action, by a preponderance of the evidence, that you violated ORS 806.010 or 813.010 at the time the act or omission causing the death or injury occurred.
Abatement of Civil Action
According to ORS 31.715(3), the court may stop the lawsuit if the person being sued claims that the person suing cannot claim damages for things like emotional distress. This can happen if the person suing is being investigated for breaking the law because of the same incident or if they will be investigated soon.
Exceptions to Limitations
There are exceptions to the limitations on recovery of noneconomic damages outlined in ORS 31.715. The restrictions on liability established by this section do not apply if: (a) The defendant in the civil action was also in violation of driving uninsured or drunk driving at the time the act or omission causing the death or injury occurred; (b) The death or injury resulted from acts or omissions of the defendant that constituted an intentional tort; (c) The defendant was engaged in conduct that would constitute a violation of ORS 811.140 (Reckless driving) at the time the act or omission causing the death or injury occurred; or (d) The defendant was engaged in conduct that would constitute a felony when the act or omission causing the death or injury occurred.
Given the complex facts raised when uninsured motorists or drunk drivers are thrown into the mix, evaluating whether you can recover is no easy task. Oregon personal injury lawyers spend much time analyzing facts and case law to distinguish individual claims. You should seek the help of a top Oregon personal injury lawyer before you try to pursue your case by yourself.
