Legal Question in Traffic Law in Oregon

Re: license examiner allowed accident to happen

You may well have a claim against the DMV examiner, although it may be tougher going than would be a claim against the driver him or herself, and it may be unnecessary. The driver taking the test made the error. So long as that driver was insured and accepts liability, you'll have at least a resource for compensation.

Now, if you were severely injured and particularly if the driver's insurance coverage isn't high enough to cover the reasonable value of your claim, then it would make sense to make a claim against DMV as well.

One crucial word of caution: Under Oregon's Tort Claims Act, to make a claim against the DMV examiner or any government agency or employee acting in the course and scope of their job, you are required to provide "Tort Claim Notice," which is essentially a registered letter with certain information in it, within just 180 days of the incident, or of the date you reasonably discovered (or should have discovered) the DMV guy's negligence. There are some instances where that timeline can be extended, but don't count on it.

To protect your rights, you need to have a properly prepared Tort Claim Notice sent to the proper party within 180 days of the incident. If not, you may be BARRED from bringing that claim after that date, even though the general statute of limitations is otherwise two years. The safest practice for you would be to SERVE THAT NOTICE within the period, even if you don't think you'll need to. Using a lawyer for this is best.

Good luck!

-- Sam