Question 1

Does Oregon allow UM/UIM stacking?

Accepted Answer

The statute we read does not address it. It sets which policy is primary: your own policy is primary while you occupy a vehicle owned by a named insured, and excess over similar primary insurance while you occupy another vehicle (ORS 742.504(9)). We did not read Oregon court decisions on stacking, so check your policy and ask an attorney.

Question 2

Is UIM required in Oregon?

Accepted Answer

Yes. UM coverage is required, with limits equal to your bodily injury liability limits unless you elect lower ones in a signed statement, and it must include underinsurance coverage for injuries caused by a driver whose liability insurance provides less than the sums you are legally entitled to recover (ORS 742.502).

Question 3

How does Oregon underinsurance pay?

Accepted Answer

Up to your UM limit, it covers the sums you are legally entitled to recover as damages beyond what the other driver's insurance provides. Personal injury protection benefits reduce your damages but not your UM limits (ORS 742.502 and 742.542).

Question 4

What if I was partly at fault?

Accepted Answer

Your damages are reduced by your share of fault, and you are barred only if your fault was greater than the combined fault of all others, so 50 percent is allowed and more is not (ORS 31.600).

Question 5

How long do I have to sue?

Accepted Answer

Most injury actions must be commenced within 2 years (ORS 12.110(1)). A UM claim has its own two-year rule: no cause of action against your insurer accrues unless within two years of the accident you reach an agreement, start arbitration or sue it, or sue the other driver and act within two years of that result (ORS 742.504(12)).

Oregon UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Oregon builds underinsurance into UM, pays damages beyond the other driver's coverage up to your limit, and sets primary and excess rules instead of a stacking ban

Oregon UM/UIM Stacking Calculator

Estimate your UM/UIM benefits

Oregon builds underinsurance into UM, pays damages beyond the other driver's coverage up to your limit, and sets primary and excess rules instead of a stacking ban

Go deeper

Related calculators