If another driver hit you and drove off, you are dealing with a crime under Oregon law, and the penalties are real. The rules that decide how serious that crime is, and how you get paid when the driver is gone, come from specific state statutes with specific deadlines. Here is what actually applies in Oregon.
What Oregon law calls a hit-and-run
Oregon does not use the phrase "hit-and-run" in its code. The offense is "failure to perform the duties of a driver," and it splits into two separate statutes depending on what was damaged.
If the crash only damaged property, including another car, a driver who leaves has committed failure to perform the duties of a driver when property is damaged under ORS 811.700.1 If the crash injured or killed someone, leaving is the more serious offense of failure to perform the duties of a driver to injured persons under ORS 811.705.2
Both statutes turn on a knowledge standard. A driver is on the hook if they knew, or had "reason to believe," that their vehicle was in a collision. ORS 811.700 defines "reason to believe" as awareness of a substantial and unjustifiable risk of a collision, where ignoring that risk is a gross deviation from how a reasonable person would act.1 You cannot dodge the duty by claiming you did not notice something obvious.
What you have to do at the scene
The duties are spelled out, not left to judgment. Under both statutes a driver has to immediately stop at the scene or as close to it as possible, then reasonably investigate what the vehicle struck without blocking traffic more than necessary.12
After stopping, the driver must give their name, address, and the name and address of the vehicle's owner, plus the registration number, the insurance carrier's name, the policy number, and the insurer's phone number. On request, they also have to show their driving privileges.2
If someone is hurt, ORS 811.705 adds a duty to render reasonable assistance, which includes arranging to get an injured person to a doctor or hospital when treatment is needed or requested.2 If everyone who is owed that information is unconscious or killed, the driver has to stay until police arrive and give the information to the officer, unless the driver needs their own emergency care.2
For an unattended car or damaged property such as a fence or mailbox, the driver still has to try to find the owner, or leave a written notice in a conspicuous place with the same identifying details.1 Driving off and leaving a note is legal only if you actually leave the note.
There is a narrow escape valve. If a driver genuinely did not realize they were in a crash and figures it out later, both statutes let them make a good-faith effort to comply as soon as reasonably possible, which for an injury crash means calling 911 with the location and time.2
The penalties climb fast
Leaving a property-damage crash is a Class A misdemeanor under ORS 811.700.1 In Oregon that carries up to 364 days in jail and a fine of up to $6,250.3
Leaving an injury crash is a felony. Failure to perform the duties of a driver to injured persons is a Class C felony, punishable by up to five years in prison and a $125,000 fine.23 It rises to a Class B felony, up to ten years and a $250,000 fine, when someone suffers serious physical injury as defined in ORS 161.015 or dies as a result of the crash.23 "Serious physical injury" is a defined term: an injury that creates a substantial risk of death, or causes serious and protracted disfigurement or long-term loss of a body part or function.4
The gap matters. The same fender-bender that would be a misdemeanor if a car took the hit becomes a felony the moment a person is hurt, and the driver who stops is not charged with anything at all.
Reporting the crash to Oregon DMV
Separate from what the other driver did, Oregon expects you to report the crash yourself. State law requires you to file an Oregon Traffic Crash and Insurance Report with DMV within 72 hours when any of these is true: someone was injured or killed, damage to your vehicle tops $2,500, any vehicle is towed and damage is over $2,500, or damage to anyone else's property is over $2,500.5 Skipping the report is not harmless. DMV is required to suspend your driving privileges if you do not file it.5
As of 2025 you can file that report online through DMV2U instead of mailing the form.5 The self-report is different from the police crash report, which the investigating agency writes. If you need a copy of the police report, start with our Oregon crash report guide.
If the driver fled, you can still get paid
This is the part people miss. Oregon requires uninsured motorist coverage on every auto liability policy, and the limits have to match your bodily injury liability limits unless you signed a written election for less.6 A driver who hits you and disappears counts as uninsured, so your own UM coverage is where an injury claim goes.
Two deadlines are built into that coverage, and they are short. To make a UM claim for a hit-and-run vehicle, you (or someone acting for you) must report the accident within 72 hours to a police, peace, or judicial officer, and file a sworn statement with your insurer within 30 days.7 If the other car never touched you, say it ran you off the road, that is a "phantom vehicle" claim, and Oregon adds a catch: the facts have to be corroborated by competent evidence other than your own testimony.7 A witness or dashcam footage can carry that.
Your medical bills have a faster backstop. Personal injury protection is mandatory on Oregon auto policies and pays regardless of who was at fault or whether the other driver is ever found. The minimum is $15,000 in medical benefits for expenses incurred within two years of the crash, on top of wage-loss and funeral benefits.8 PIP starts paying while the hit-and-run investigation is still open.
Fault still matters for anything beyond PIP. Oregon uses modified comparative negligence: your recovery is reduced by your share of fault, and it disappears entirely if you are found 51 percent or more at fault.9 For someone sitting at a light or otherwise clearly not to blame for a fleeing driver, that rarely bites, but it is the rule the claim is measured against.
The clock you are actually racing
Two statutes of limitations frame everything. You have two years from the crash to file a personal injury lawsuit in Oregon, and six years for property damage such as the repair or diminished value of your car.10 The UM reporting deadlines above are far shorter, so treating the 72-hour and 30-day windows as your real deadlines is the safer move.
If the driver is later identified, their insurance becomes the primary target, subject to Oregon's minimum liability limits of $25,000 per person and $50,000 per crash for injuries, plus $20,000 for property damage.11 Those minimums are often too low for a serious injury, which is when your own UM coverage fills the gap. Sorting out which policy pays first, and keeping the short deadlines from lapsing, is where a local attorney helps. You can find one through our legal directory.
This article is general information about Oregon law, not legal advice for your specific situation.
Sources
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ORS 811.700, Failure to perform duties of driver when property is damaged, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors811.html
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ORS 811.705, Failure to perform duties of driver to injured persons, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors811.html
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ORS 161.605, 161.615, 161.625 and 161.635, maximum terms of imprisonment and fines for felonies and misdemeanors, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors161.html
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ORS 161.015, definition of "serious physical injury," Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors161.html
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Oregon DMV, Collision Reporting and Responsibilities (ORS 811.720). https://www.oregon.gov/odot/dmv/pages/driverid/accidentreport.aspx
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ORS 742.502, uninsured motorist coverage required, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors742.html
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ORS 742.504, required provisions of uninsured motorist coverage (hit-and-run and phantom vehicles), Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors742.html
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ORS 742.520 and 742.524, personal injury protection benefits, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors742.html
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ORS 31.600, contributory negligence, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors031.html
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ORS 12.110(1) and ORS 12.080(4), statutes of limitations for personal injury and property damage, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors012.html
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ORS 806.070(2), minimum financial responsibility limits, Oregon Revised Statutes. https://www.oregonlegislature.gov/bills_laws/ors/ors806.html