ORS 31.715
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle

  • uninsured plaintiff
  • plaintiff driving under influence of intoxicants

(1)

Except as provided in this section, a plaintiff may not recover noneconomic damages, as defined in ORS 31.705 (Economic and noneconomic damages separately set forth in verdict), in any action for injury or death arising out of the operation of a motor vehicle if the plaintiff was in violation of 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. A claim for noneconomic damages shall not be considered by the jury if the jury determines that the limitation on liability established by this section applies to the claim for noneconomic damages.

(2)

For the purpose of the limitation on liability established by this section, a person is conclusively presumed to have been in violation of ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants) if the person is convicted in a criminal proceeding of one or both of those offenses. If the person has not been convicted of violating ORS 806.010 (Driving uninsured prohibited) or 813.010 (Driving under the influence of intoxicants), the defendant in the civil action may establish in the civil action, by a preponderance of the evidence, that the plaintiff was in violation of 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.

(3)

The court shall abate a civil action upon the motion of any defendant in the civil action against whom a plaintiff has asserted a claim for noneconomic damages if the defendant alleges that the claim of the plaintiff is subject to the limitation on liability established by this section and:

(a)

A criminal proceeding for a violation of ORS 813.010 (Driving under the influence of intoxicants) has been commenced against the plaintiff in the civil action at the time the motion is made; or

(b)

The district attorney for the county in which the conduct occurred informs the court at the time the motion is made that criminal proceedings for a violation of ORS 813.010 (Driving under the influence of intoxicants) will be commenced against the plaintiff in the civil action.

(4)

The court may order that only the claim that is subject to the limitation on liability established by this section be abated under subsection (3) of this section. An abatement under subsection (3) of this section shall remain in effect until the conclusion of the criminal proceedings.

(5)

The limitation on liability established by this section does not apply if:

(a)

The defendant in the civil action was also in violation of 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;

(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 at the time the act or omission causing the death or injury occurred.

(6)

The limitation on liability established by this section based on a violation of ORS 806.010 (Driving uninsured prohibited) does not apply if the plaintiff in the civil action was insured under a motor vehicle liability insurance policy within 180 days before the act or omission occurred, and the plaintiff has not operated a motor vehicle in violation of ORS 806.010 (Driving uninsured prohibited) within the one-year period immediately preceding the date on which coverage under the motor vehicle liability insurance policy lapsed. [Formerly 18.592; 2021 c.478 §7]

Source: Section 31.715 — Limitation on recovery of noneconomic damages arising out of operation of motor vehicle; uninsured plaintiff; plaintiff driving under influence of intoxicants, https://www.­oregonlegislature.­gov/bills_laws/ors/ors031.­html.

Notes of Decisions

Prohibition against recovery of noneconomic damages by uninsured driver does not violate Oregon Constitution remedy clause in section 10, Article I, or right to jury clause in section 17, Article I. Lawson v. Hoke, 190 Or App 92, 77 P3d 1160 (2003), aff’d 339 Or 253, 119 P3d 210 (2005)

Court may not use limited judgment as mechanism for disposing of request for noneconomic damages. Lindsay v. The Nicewonger Co., Inc., 203 Or App 750, 126 P3d 730 (2006)

Exception for plaintiff formerly insured under liability policy is available only if coverage of plaintiff under policy has lapsed. Hill v. Null, 224 Or App 345, 197 P3d 582 (2008), Sup Ct review denied

31.150
Special motion to strike 31.152
Time for filing special motion to strike 31.155
Exempt actions 31.180
Certain felonious conduct of plaintiff complete defense in tort actions 31.200
Liability of radio or television station personnel for defamation 31.205
Damages recoverable for defamation by radio, television, motion pictures, newspaper or printed periodical 31.210
When general damages allowed 31.215
Publication of correction or retraction upon demand 31.220
Effect of publication of correction or retraction prior to demand 31.225
Publisher’s defenses and privileges not affected 31.230
Wrongful use of civil proceeding 31.250
Mandatory dispute resolution for certain actions against health practitioners and health care facilities 31.260
Definitions for ORS 31.260 to 31.278 31.262
Notice of adverse health care incident 31.264
Discussion of adverse health care incident 31.266
Discussion communications 31.268
Mediation 31.270
Payment and resolution 31.272
Statute of limitations 31.274
Patient representatives 31.276
Duties of Oregon Patient Safety Commission 31.278
Use of information relating to notice of adverse health care incident 31.280
Task Force on Resolution of Adverse Health Care Incidents 31.300
Pleading requirements for actions against design professionals 31.350
Pleading requirements for actions against real estate licensees 31.360
Proof required for claim of economic damages in action arising from injury caused by dog 31.370
Presumption of absence of negligence if defendant conducts criminal records check through Department of State Police 31.550
“Advance payment” defined 31.555
Effect of advance payment 31.560
Advance payment for death or personal injury not admission of liability 31.565
Advance payment for property damage not admission of liability 31.580
Effect of collateral benefits 31.600
Contributory negligence not bar to recovery 31.605
Special questions to trier of fact 31.610
Liability of defendants several only 31.615
Setoff of damages not allowed 31.620
Doctrines of last clear chance and implied assumption of risk abolished 31.700
Right to include medical expenses paid by parent or conservator in action to recover for damages to child 31.705
Economic and noneconomic damages separately set forth in verdict 31.710
Limitation on award for noneconomic damages in claim for wrongful death 31.715
Limitation on recovery of noneconomic damages arising out of operation of motor vehicle 31.725
Pleading punitive damages 31.730
Standards for award of punitive damages 31.735
Distribution of punitive damages 31.740
When award of punitive damages against health practitioner prohibited 31.760
Evidence of nonuse of safety belt or harness to mitigate damages 31.770
Inadmissibility of calculation of future earning potential based on race or ethnicity 31.800
Right of contribution among joint tortfeasors 31.805
Basis for proportional shares of tortfeasors 31.810
Enforcement of right of contribution 31.815
Covenant not to sue 31.820
Severability 31.825
Assignment of cause of action against insurer 31.980
Action for alienation of affections abolished 31.982
Action for criminal conversation abolished
Green check means up to date. Up to date

Current through early 2024

§ 31.715’s source at oregon​.gov