Hit by a Drunk Driver Who Has No Insurance: What Does Oregon UM Coverage Actually Pay?

Getting hit by a drunk driver is terrifying. Realizing they don’t carry insurance adds a second shock: it feels like there’s nowhere to turn for help. Oregon law requires drivers to carry liability coverage, but some still ignore that obligation. When an impaired, uninsured driver causes a crash, the legal system’s criminal case against them doesn’t pay your hospital bills, replace your car, or make up for the paychecks you missed.

That is why Oregon requires Uninsured Motorist (UM) coverage on auto policies. UM is designed to step into the shoes of the at-fault driver’s missing liability insurance and pay what they should have paid—up to your policy limits. This guide explains what UM coverage pays, how a claim works, how damages are valued, and how to avoid common missteps so you can protect your health and financial stability.

Important note: This article is educational and not a substitute for legal advice. Your specific policy language and facts will control your claim.

The Oregon context: drunk driving + uninsured motorists

Oregon continues to confront the public safety risks of impaired driving, including crashes that result in serious injuries and deaths. Federal highway safety data consistently shows that alcohol-impaired driving remains a leading cause of fatal crashes nationwide, underscoring why these collisions are often severe and life-changing. For national background data, see the National Highway Traffic Safety Administration’s (NHTSA) impaired driving resources and data pages: https://www.nhtsa.gov/risky-driving/drunk-driving.

The uninsured driver problem is also real. Insurance Research Council analyses have estimated that a significant percentage of U.S. drivers are uninsured, which leaves victims exposed when a crash happens. For national context, see the Insurance Research Council’s public summaries (where available) or state insurance department resources. In Oregon, the Department of Consumer and Business Services (DCBS) and the Oregon Division of Financial Regulation provide consumer guidance on auto insurance requirements and coverages: https://dfr.oregon.gov/insure/pages/index.aspx.

The collision of these two issues—impaired driving and uninsured driving—creates a worst-case scenario. That’s precisely why Oregon law mandates UM coverage.

What Oregon law requires: UM coverage basics

Oregon requires uninsured motorist coverage in every auto policy unless it is properly rejected in writing (which is uncommon for UM). UM coverage generally mirrors the state’s minimum liability limits. Oregon’s minimum liability limits are commonly expressed as $25,000 per person / $50,000 per accident for bodily injury. You can confirm current minimums through Oregon’s insurance regulators and DMV resources: https://www.oregon.gov/odot/dmv/pages/driverid/insurance.aspx.

UM coverage typically applies when:

• The at-fault driver has no liability insurance, or
• You are hit by a hit-and-run driver who cannot be identified.

UM coverage is designed to pay the damages you would have been able to recover from the at-fault driver if they were insured—subject to your policy limits and terms. Oregon’s uninsured motorist statute can be found in Oregon Revised Statutes (ORS) § 742.502: https://www.oregonlegislature.gov/bills_laws/ors/ors742.html.

Who is covered by UM coverage?

UM coverage typically extends to:

• You as the named insured.
• Resident family members in your household.
• Passengers in your car at the time of the crash.
• In some cases, you or a household member when struck as a pedestrian or cyclist by an uninsured driver.

Always confirm the exact definition of “insured” in your policy.

What does Oregon UM coverage actually pay?

UM coverage can pay for the same categories of damages you could pursue in a personal injury claim against the at-fault driver. These damages are generally divided into economic and non-economic categories.

1. Medical expenses (past and future)

Your UM claim should include all reasonable and necessary medical costs related to the crash, including:

• Ambulance and emergency treatment.
• Hospital care, surgery, imaging, and lab work.
• Follow-up appointments, medications, and physical therapy.
• Mental health treatment for trauma, anxiety, or PTSD.
• Future care anticipated by your doctors (e.g., long-term rehab, future surgeries, assistive devices).

If your injuries will require ongoing or lifelong care, the claim should project those future costs. This often requires detailed medical records and, in serious cases, a life care plan.

2. Lost income and diminished earning capacity

UM coverage can pay for lost wages if your injuries prevent you from working. It can also cover loss of future earning capacity when your injuries permanently reduce your ability to earn.

Documentation commonly includes:

• Employer wage verification.
• Pay stubs or tax returns.
• A letter from your doctor restricting your work.
• Vocational or economic expert analysis for long-term disability cases.

3. Pain, suffering, and emotional distress

Oregon recognizes that serious injuries cause real, compensable suffering beyond bills and paychecks. UM coverage can compensate you for:

• Physical pain and discomfort.
• Emotional distress, anxiety, and depression.
• Loss of enjoyment of life and inability to participate in activities you loved.
• Trauma and PTSD symptoms following a violent crash.

4. Property damage (check your policy)

UM coverage is primarily for bodily injury, not property damage. However, Oregon policies often include separate Uninsured Motorist Property Damage (UMPD) or collision coverage that may apply. Check your declarations page and policy language for the specific property damage coverage available.

The immediate steps after a drunk, uninsured driver crashes into you

The decisions you make in the hours and days after a crash can shape your UM claim. Here’s a clear, practical roadmap.

Step 1: Call 911 and report the crash

If a driver appears impaired, call 911 immediately. The police report is critical evidence in a UM claim because it documents:

• The crash details and suspected impairment.
• The driver’s identity and any citations or arrests.
• The officer’s initial fault assessment.

Always request the report number and obtain a copy when available.

Step 2: Seek medical care right away

Prompt medical treatment protects your health and strengthens your claim. If you delay care, insurers can argue your injuries were not caused by the crash or were not serious.

Step 3: Notify your insurance company

Your policy likely requires prompt notice. You can open the claim without giving a detailed recorded statement. At this stage, focus on reporting the basic facts and the uninsured status of the at-fault driver.

Step 4: Preserve evidence

Evidence matters in UM claims because you must show both fault and uninsured status. Preserve:

• Photos of the scene, vehicles, and injuries.
• Witness contact information.
• Medical records and bills.
• Proof the at-fault driver was uninsured (police report or insurer’s verification).

Step 5: Track your recovery and life impact

Keep a journal of pain levels, limitations, and emotional symptoms. This documentation is powerful evidence for non-economic damages.

How UM claims are valued: what makes a claim stronger?

Insurers evaluate UM claims with the same scrutiny they apply to liability claims. The following factors typically influence value:

• Severity of injury: Catastrophic injuries (TBIs, spinal cord injuries, multiple fractures) are valued higher.
• Duration of recovery: Longer recoveries usually mean greater damages.
• Objective medical evidence: Imaging, specialist opinions, and consistent treatment support your claim.
• Impact on daily life: Lost activities, family strain, and emotional trauma increase non-economic damages.
• Future needs: Documented future care and wage loss support higher settlements.

Common pitfalls that reduce UM compensation

Avoid these mistakes, which insurers often use to limit claims:

1. Delayed treatment. Delays allow insurers to argue your injuries were not caused by the crash.
2. Incomplete documentation. Gaps in medical records or wage proof weaken your claim.
3. Quick settlement pressure. Early offers can be far below true value if your prognosis is unclear.
4. Recorded statements too early. Statements can be used to minimize your injuries or question fault.
5. Ignoring future damages. Future medical care and earning losses must be included, not just current bills.

What if UM limits aren’t enough? Understanding UIM coverage

If the at-fault driver has some insurance but not enough to cover your damages, Underinsured Motorist (UIM) coverage applies. UIM helps pay the difference between the at-fault driver’s liability limits and your UIM limits. Oregon policies commonly bundle UM and UIM together, but the mechanics and stacking rules can vary by policy and circumstance.

For details on Oregon’s UM/UIM statutes and definitions, see ORS § 742.502 and related sections: https://www.oregonlegislature.gov/bills_laws/ors/ors742.html.

Frequently asked questions

Does the drunk driver’s criminal case help my UM claim?

A DUII prosecution can help prove fault and impairment, but it does not pay your damages. UM claims are civil and are paid by your insurer under your policy.

What if I was a pedestrian or cyclist?

UM coverage often extends to the named insured and household members even when not in a vehicle, but policy language varies. Review your policy’s definition of “insured.”

What if the drunk driver fled the scene?

Hit-and-run crashes can qualify as uninsured motorist claims. Report the crash immediately and follow your insurer’s procedures, as some policies require proof that physical contact occurred or timely reporting.

Is there a deadline to file a UM claim in Oregon?

Deadlines can come from both the statute of limitations and policy terms. Oregon’s general personal injury statute of limitations is typically two years, but UM policies can contain specific notice or arbitration timelines. Review your policy and act quickly. For general state court guidance, see the Oregon Judicial Department: https://www.courts.oregon.gov/.

Practical checklist for protecting your UM claim

• ✅ Call 911 and get a police report.
• ✅ Get prompt medical care and follow through on treatment.
• ✅ Notify your insurer quickly and open a UM claim.
• ✅ Document injuries, expenses, time missed from work, and daily limitations.
• ✅ Save all records and receipts.
• ✅ Review your policy limits and ask for a copy of your declarations page.

Final thoughts

Oregon’s UM coverage exists for moments exactly like this—when a drunk, uninsured driver upends your life. It can pay for medical care, lost income, and the human cost of pain and trauma, but only if you build a well-documented claim and understand the process. If your injuries are serious, the stakes are high, and a careful, strategic approach makes a real difference in the outcome.

For deeper background on impaired driving and auto insurance protections, consult:

• NHTSA’s impaired driving resources: https://www.nhtsa.gov/risky-driving/drunk-driving
• Oregon Division of Financial Regulation auto insurance guide: https://dfr.oregon.gov/insure/auto/pages/auto-insurance-101.aspx
• Oregon DMV driver and insurance information: https://www.oregon.gov/odot/dmv/pages/driverid/insurance.aspx
• Oregon Revised Statutes (UM/UIM coverage): https://www.oregonlegislature.gov/bills_laws/ors/ors742.html