Uninsured/Underinsured Motorist Complaint - Oregon

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. ORS 746.230 and Moody Caution
9. Damages
10. Arbitration
11. Prayer for Relief
12. Verification

Caption

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF [COUNTY NAME]

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing in [CITY], [COUNTY] County, Oregon, and is an insured under the automobile insurance policy described herein.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of Oregon, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to ORS § 14.030.

5. Venue is proper in [COUNTY] County pursuant to ORS § 14.080 because [☐ the accident occurred in this county / ☐ Plaintiff resides in this county / ☐ Defendant transacts business in this county].

General Allegations

6. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY], [COUNTY] County, Oregon.

7. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

8. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Other: [________________________________]

9. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

10. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

11. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

12. The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

13. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent, including the timeliness requirements of ORS § 742.504(12): this action is filed within two years of [☐ the date of the accident / ☐ the date of settlement or final judgment against the uninsured/underinsured motorist], and is further timely under the six-year contract statute of limitations for breach of contract actions, ORS § 12.080(1), measured from Defendant Insurer's breach.

14. Plaintiff did not execute a valid written election of lower UM/UIM limits as contemplated by ORS § 742.502(2)(a)-(b).

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

15. The at-fault motorist was uninsured at the time of the accident within the meaning of ORS § 742.504(2), in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist's identity cannot be ascertained and the vehicle caused bodily injury through physical contact with Plaintiff or Plaintiff's vehicle ("hit-and-run vehicle" under ORS § 742.504(2)(b); requires a police report within 72 hours and a sworn statement filed with the insurer within 30 days) / ☐ the at-fault motorist's identity cannot be ascertained and the vehicle caused bodily injury WITHOUT physical contact with Plaintiff or Plaintiff's vehicle ("phantom vehicle" under ORS § 742.504(2)(g); requires independent corroborating evidence of the accident beyond Plaintiff's own testimony) / ☐ the at-fault motorist's insurer is insolvent / ☐ the at-fault motorist's insurer denies coverage].

☐ Underinsured Motorist (UIM) Claim:

16. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which provides recovery in an amount less than the insured's UM coverage, thereby qualifying as underinsured under ORS § 742.502(2).

17. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

18. Defendant Insurer was given written notice and the opportunity to consent to or advance the tortfeasor's policy limits before settlement.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

19. Plaintiff incorporates by reference all preceding paragraphs.

20. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

21. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

22. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

23. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has been damaged in an amount to be proven at trial, but not less than $[ESTIMATED DAMAGES].

ORS 746.230 and Moody caution

No standalone ORS 746.230, “bad faith,” or Moody count is included. The official Moody v. Oregon Community Credit Union, 371 Or 772 (2023), opinion says its common-law negligence holding is narrow and rests on materially different facts involving a surviving spouse, a deceased breadwinner's life insurance, failure to reasonably investigate and promptly pay, and serious emotional harm. It also distinguishes that claim from negligence per se and from a private statutory cause of action. Oregon counsel must identify current controlling authority before adding any tort count to a UM/UIM policy action.

Damages

24. As a result of the accident and Defendant Insurer's breach, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses: $[AMOUNT]
☐ Future medical expenses: $[AMOUNT]
☐ Past lost wages/earnings: $[AMOUNT]
☐ Future lost wages/earning capacity: $[AMOUNT]
☐ Pain and suffering (past and future): $[AMOUNT]
☐ Emotional distress: $[AMOUNT]
☐ Loss of consortium (if applicable): $[AMOUNT]
☐ Attorney's fees under ORS § 742.061
☐ Prejudgment interest
☐ Costs and disbursements

Arbitration

25. Arbitration of a UM/UIM coverage dispute under ORS § 742.504(10) is not compelled unilaterally by either party; it occurs only if the insured and Defendant Insurer elect by mutual agreement, at the time of the dispute, to submit the matter to binding arbitration. Plaintiff hereby offers to submit this dispute to binding arbitration on that basis and, in the alternative, seeks resolution of the dispute by this Court if Defendant Insurer does not agree to arbitrate.

26. If the parties elect to arbitrate, then pursuant to ORS § 742.505, the arbitration shall be conducted as follows:

a. Each party shall select an arbitrator, and the two arbitrators shall select a third;
b. The arbitration proceeding shall be conducted under the local court rules of the county in which the arbitration is held;
c. At Plaintiff's election, the arbitration shall be held in the county and state of Plaintiff's residence, in the county and state where Plaintiff's cause of action against the uninsured/underinsured motorist arose, or at any other place mutually agreed upon by Plaintiff and Defendant Insurer.

Prayer for Relief

WHEREFORE, Plaintiff prays for judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;
2. For UM/UIM policy benefits in the full amount owed under the Policy;
3. For attorney's fees pursuant to ORS § 742.061, if its conditions are established;
4. For prejudgment interest only as permitted by a verified independent basis;
5. For costs and disbursements incurred herein; and
6. For such other and further relief as this Court deems just and proper.

Verification

I, [PLAINTIFF FULL NAME], declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], OSB No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Oregon [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Oregon

Sources and References

• ORS § 742.502 — Oregon Public Law
• ORS § 742.504 — Oregon Public Law
• ORS § 742.505 — Oregon Public Law
• ORS § 742.061 — Oregon Public Law
• ORS § 806.070 — Oregon Public Law
• ORS § 12.080 — Oregon Legislature
• ORS § 746.230 — Unfair claims settlement practices
• Moody v. Oregon Community Credit Union, 371 Or 772 (2023) — official Oregon Supreme Court opinion
• Oregon State Bar — Uninsured and Underinsured Drivers
• 2016 Changes to Oregon UIM and PIP Laws — Cosgrave Law