Legal Question in Traffic Law in Oregon

Re: vehicle accident

Your question is like a law school exam question, because the facts as you recite them raise so many legal issues. My response presumes everything involved in your case arises in Oregon.

First off, because you were on the job, IF you are a "qualifying worker," then your workers comp should pay for your medical bills and some wage loss, if you are off work long enough to qualify. Workers comp insurance would then be first in line to pay for these damages.

As to the driver taking the test, it is probably that driver's fault, and one would want to examine, at least, whether the DMV examiner had any fault. If so, your damages against the State of Oregon are limited by statute to $200,000, and you would be required to present a "Tort Claim Notice" within 180 days of this accident, or if not, then you would probably lose rights to any claim against that gov't agency or it's employee. You'll need to review the detailed requirements of this notice if applicable, as it's too lengthy to explain in detail here.

As for your car not having current tags, that's not going to enter the analysis in any significant way, but your lack of insurance, under Oregon's current law, CAN mean that IF you make a claim against the opposing driver, then you might lose any potential claims for your pain and suffering. Amongst the exceptions to that rule is that it would not apply to you IF you DID have auto insurance on that car within 180 days prior to this accident, AND if as well you did not drive uninsured within a year prior to the lapse in your insurance coverage. Other separate exceptions to the rule are if the other driver was under the influcence of alcohol or narcotics, or if the other driver's actions rose above ordinary negligence to being 'reckless,' per statutory definition. If your situation meets one of these exceptions, then you would still be entitled to pain and suffering damages, as applicable.

You appear to have what's called a "third party claim," which just means that if you pursue a claim against the opposing driver, you would have to reimburse your Workers Comp insurer out of any recovery against that driver, for whatever comp paid on your behalf, as well as to pay them reserves they sometimes elect to set, for future medical problems arising out of this accident that would be compensable.

As for whether you are "in trouble," the likeliest outcome is that once the accident is reported to DMV, they will send you a notice of suspension, indicating you'll be suspended for ONE YEAR, for having had an uninsured accident. You may apply to DMV for a hardship permit, however, for limited driving privileges, if you are suspended and otherwise eligible.

With all the issues you have, you probably ought to engage the services of a competent lawyer who handles personal injury cases.

Good luck to you!

-- Sam