Financial Responsibility Law

ORS 806.230
Failure of previous violator to file


(1)

A person commits the offense of failure of a previous violator to make a future responsibility filing if the person is convicted of a violation of ORS 806.010 (Driving uninsured prohibited) or 806.050 (Falsification of financial responsibility) and the person does not make a future responsibility filing within 30 days after the conviction.

(2)

In addition to any other penalties under this section, a violator of this section is subject to suspension of driving privileges under ORS 809.415 (Suspensions for conduct involving judgments, financial responsibility, dishonesty).

(3)

The offense described in this section, failure of a previous violator to make future responsibility filing, is a Class A traffic violation. [1983 c.338 §858; 1985 c.393 §65; 2003 c.402 §15]
Chapter 806

Notes of Decisions

Under Former Similar Statutes (Ors Chapter 486)

When a driver is involved in an accident that otherwise brings him within the purview of this chapter, he must thereafter file proof of future responsibility regardless of whether or not there is a reasonable possibility he was in any degree at fault in the accident. Boykin v. Ott, 10 Or App 210, 498 P2d 815 (1972), Sup Ct review denied, app. dis., 411 US 912, 36 L Ed 2d 304, 93 S Ct 1554

This chapter was not unconstitutional as denying due process or equal protection of the laws under the U.S. Constitution. Boykin v. Ott, 10 Or App 210, 498 P2d 815 (1972), Sup Ct review denied, app. dis., 411 US 912, 36 L Ed 2d 304, 93 S Ct 1554

This act does not require coverage for intentionally inflicted injuries or damages. Snyder v. Nelson/Leatherby Ins., 278 Or 409, 564 P2d 681 (1977)

Intentional infliction of injury or damage occurs where injury or damage sustained was intended result of action. Snyder v. Nelson/Leatherby Ins., 278 Or 409, 564 P2d 681 (1977)

Motor vehicle liability policy issued pursuant to Financial Responsibility Law must provide coverage for liability arising from physical injuries to relatives of insured who reside in insured's household. Dowdy v. Allstate Ins. Co., 68 Or App 709, 685 P2d 444 (1984), Sup Ct review denied

In General

Financial responsibility laws generally are to ensure that drivers can respond in damages for liability and especially to ensure that motor vehicle accident victims are compensated for injuries. State Farm Fire and Casualty Co. v. Jones, 306 Or 415, 759 P2d 271 (1988)

Car insurance policy violated Financial Responsibility Law where it excluded liability coverage for permissive user's injury of insured while driving insured's car. State Farm Fire and Casualty Co. v. Jones, 306 Or 415, 759 P2d 271 (1988)

Automobile insurance policy must cover not only named insured but also must provide coverage for all persons who operate insured vehicle with consent of insured. Viking Ins. Co. v. Petersen, 308 Or 616, 784 P2d 437 (1989)

Where Financial Responsibility Law requires motor vehicle insurance policies to insure against all liability arising out of motor vehicle "ownership, operation, use or maintenance," insurer's named driver policy which insurer sold to insured in connection with insured's vehicle must be construed as providing coverage by law and insurer is responsible for insured's defense. Viking Ins. Co. v. Perotti, 308 Or 623, 784 P2d 1081 (1989)

Family exclusion provision of policy is ineffective only as to statutorily required minimum amounts; insurer may limit additional coverage by any exclusion not otherwise prohibited by law. Collins v. Farmers Ins. Co., 312 Or 337, 822 P2d 1146 (1991); Farmers Insurance Co. v. Mowry, 350 Or 686, 261 P3d 1 (2011)

Atty. Gen. Opinions

Under Former Similar Statutes (Ors Chapter 486)

Financial responsibility certification date and necessary information, (1978) Vol 38, p 1876

Law Review Citations

Under Former Similar Statutes (Ors Chapter 486)

8 WLJ 77-84 (1972); 12 WLJ 406-412 (1976)


Source

Last accessed
Jun. 26, 2021