180 days. That's all you get to file a notice of claim against the State of Oregon, ODOT, or any local public body. Miss it and the claim is gone before the two-year SOL ever applies.
Oregon's Tort Claims Act gives you 180 days to file written notice if a government vehicle was involved in your crash — one of the shortest notice deadlines in the country. The general two-year SOL doesn't matter if you miss the 180 days. Most claimants don't know the rule exists.
Oregon is a fault-based state with a two-year statute of limitations under ORS 12.110(1) — "An action for assault, battery, false imprisonment, or for any injury to the person…shall be commenced within two years." There is no PIP requirement and no verbal threshold for ordinary auto accident cases. Oregon also follows modified comparative fault under ORS 31.600 — recovery is permitted if the claimant's fault is "not greater than the combined fault of all persons" responsible, meaning at exactly 50% fault you can still recover (proportionally reduced) but at 51% or above you recover zero. This is the standard 51% bar used in Illinois and Pennsylvania.
The unique trap in Oregon is the Oregon Tort Claims Act, ORS 30.275. If a state, county, city, school district, or any other public body was involved in your crash, written notice of claim must be given within 180 days of the loss or injury (one year for wrongful death). State claims go to the Director of the Oregon Department of Administrative Services. Local public body claims go to the public body's principal administrative office, to a member of the governing body, or to designated counsel. The 180-day deadline is one of the shortest notice rules in the country and missing it bars the claim against the public body entirely. The two-year general SOL is irrelevant if the 180-day OTCA notice was missed.
Multnomah County (Portland) has historically produced the highest plaintiff verdicts in Oregon, followed by Lane County (Eugene) and Marion County (Salem). Insurance carriers track this and adjust settlement posture by venue. Cases where venue can be properly placed in Multnomah County under Oregon's venue statutes are often worth significantly more than the same fact pattern in eastern or southern Oregon counties. Oregon also requires insurers to offer UM/UIM coverage; in serious-injury cases where the at-fault driver's policy limits are exhausted, identifying all available coverage layers — UIM, MedPay, umbrella — is one of the first things an attorney does.
Legal Information Notice
The legal information on this page is for general educational purposes only and is not legal advice. Laws change, and every case is different. Always consult with a licensed attorney in your state to verify the current law and how it applies to your specific situation.
180 days from the date of the loss or injury under ORS 30.275 (Oregon Tort Claims Act). This is one of the shortest government claims notice deadlines in the country. Wrongful death has a longer one-year notice window. State claims go to the Director of the Oregon Department of Administrative Services. Local public body claims (city, county, school district, transit authority) go to the public body's principal administrative office, to a member of the governing body, or to designated counsel. Missing the 180-day notice bars the claim against the public body — even if the general two-year SOL hasn't run.
Two years from the date of the accident under ORS 12.110(1). Wrongful death runs on a separate timeline under Oregon's wrongful death act — confirm the exact period with counsel before relying on the general two-year SOL. If a government vehicle or employee was involved, the Oregon Tort Claims Act adds a 180-day pre-suit notice requirement under ORS 30.275 — much shorter than the general SOL and a fatal trap if missed. Both deadlines must be met for government claims.
Yes, as long as your fault is not greater than the combined fault of the defendants. Under ORS 31.600, recovery is permitted if your fault "was not greater than the combined fault of all persons" — meaning at exactly 50% fault you can still recover (proportionally reduced), but at 51% or above you recover zero. This is the standard 51% bar used in Illinois, Pennsylvania, and most other modified-comparative states.
Multnomah County (Portland) jury pools have historically produced higher plaintiff verdicts than Oregon's eastern and southern counties, followed by Lane County (Eugene) and Marion County (Salem). Insurance carriers track this and adjust settlement posture by venue. Cases where venue can be properly placed in Multnomah County under Oregon's venue statutes are often worth significantly more. Deschutes County (Bend) trends moderate; the rural eastern Oregon counties trend conservative.
All legal information on this page is sourced from primary government statutes. Last verified 2026-04-07.
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“An ODOT maintenance truck rear-ended me on I-5. I had no idea about the 180-day Oregon Tort Claims Act notice rule. My attorney filed within 90 days — without that we would have been completely barred regardless of how clear the liability was.”
— Nikolai R., Portland, OR
“The defense argued I was 55% at fault for the merge. Under Oregon's 51% bar I would have recovered nothing. My attorney built the evidence around the other driver's lane change and we kept me at 40%.”
— Soraya P., Eugene, OR
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