Uninsured/Underinsured Motorist Complaint

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. Second Cause of Action — Breach of Duty of Good Faith and Fair Dealing
9. Damages
10. Arbitration Demand
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.

14. Plaintiff did not execute a valid written election of lower UM/UIM limits as contemplated by ORS § 742.502(1).

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, in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the at-fault motorist is unknown (hit-and-run) / ☐ 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].

Second Cause of Action

Breach of the Duty of Good Faith and Fair Dealing (Insurance Bad Faith)

24. Plaintiff incorporates by reference all preceding paragraphs.

25. Under Oregon law, every insurance contract carries an implied duty of good faith and fair dealing requiring the insurer to act fairly in handling claims. Oregon recognizes first-party insurance bad faith. See Moody v. Federal Ins. Co., 317 Or App 233 (2022).

26. Defendant Insurer breached the duty of good faith and fair dealing by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without basis
☐ Failing to attempt in good faith to effectuate a prompt and fair settlement
☐ Compelling Plaintiff to initiate litigation/arbitration to recover amounts due
☐ Violating ORS § 746.230 (unfair claims settlement practices)
☐ Other: [________________________________]

27. Defendant Insurer's conduct was a substantial factor in causing Plaintiff harm, including emotional distress and economic damages.

Damages

28. As a result of the accident and Defendant Insurer's breaches, 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]
☐ Punitive damages (bad faith claim only): According to proof
☐ Attorney's fees under ORS § 742.061
☐ Prejudgment interest
☐ Costs and disbursements

Arbitration Demand

29. To the extent required by the Policy and ORS § 742.504(10), Plaintiff demands arbitration of the UM/UIM coverage dispute.

30. 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. If the arbitrators selected by the parties cannot agree on a third arbitrator within 30 days, either party may petition the court to appoint the third arbitrator;
c. The arbitration shall be conducted under the Oregon Uniform Arbitration Act (ORS § 36.600 et seq.).

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 punitive damages for Defendant Insurer's bad faith conduct;
4. For attorney's fees pursuant to ORS § 742.061;
5. For prejudgment interest as permitted by law;
6. For costs and disbursements incurred herein; and
7. 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
• Oregon State Bar — Uninsured and Underinsured Drivers
• 2016 Changes to Oregon UIM and PIP Laws — Cosgrave Law