ORS Chapter 742 — Insurance Policies

ORS 742.508. Definitions for ORS 742.508 and 742.510. As used in this section and ORS 742.510: (1) Covered motor vehicle means a private passenger motor vehicle or a self-propelled mobile home that is owned by the named insured for which a premium has been paid for coverage under this section and ORS 742.510. (2) Insured vehicle means a motor vehicle described in the declarations for which a specific premium charge indicates that underinsured motorists coverage is afforded but the term insured vehicle shall not include a vehicle while used as a public or livery conveyance. (3) Private passenger motor vehicle means a four-wheel passenger or station wagon type motor vehicle not more than 12 years old and not used as a public or livery conveyance, and includes any other four-wheel motor vehicle of the utility, pickup body, sedan delivery or panel truck type not used for wholesale or retail delivery. (4)(a) Uninsured vehicle means: (A) A vehicle with respect to the ownership, maintenance or use of which there is no collectible property damage insurance, in at least the amounts or limits prescribed under ORS 806.070 (2)(c) applicable at the time of the accident with respect to any person or organization legally responsible for the use of such vehicle, or with respect to which there is such collectible insurance applicable at the time of the accident but the insurance company writing the same denies coverage thereunder or, within two years of the date of the accident, such company writing the same becomes voluntarily or involuntarily declared bankrupt or for which a receiver is appointed or becomes insolvent. It shall be a disputable presumption that a vehicle is uninsured in the event the insured and the insurer, after reasonable efforts, fail to discover within 90 days from the date of the accident, the existence of valid and collectible property damage insurance applicable at the time of the accident. (B) A hit-and-run vehicle as defined in subsection (5) of this section. (C) A phantom vehicle as defined in subsection (5) of this section. (b) As used in this section and ORS 742.510, uninsured vehicle does not include: (A) An insured vehicle; (B) A vehicle which is owned or operated by a self-insurer within the meaning of any motor vehicle financial responsibility law, motor carrier law or any similar law; (C) A vehicle which is owned by the United States of America, Canada, a state, a political subdivision of any such government or an agency of any of the foregoing; (D) A land motor vehicle or trailer, if operated on rails or crawler-treads or while located for use as a residence or premises and not as a vehicle; (E) A farm-type tractor or equipment designed for use principally off public roads, except while actually upon public roads; or (F) A vehicle owned by or furnished for the regular or frequent use of the insured or any member of the household of the insured. (5) As used in this section: (a) Hit-and-run vehicle means a vehicle that causes damage to the covered vehicle of an insured arising out of physical contact between the vehicles, provided: (A) There cannot be ascertained the identity of either the operator or the owner of such hit-and-run vehicle; (B) The insured or someone on behalf of the insured reports the accident within 72 hours to a police, peace or judicial officer, to the Department of Transportation or to the equivalent department in the state where the accident occurred, and files with the insurer within 30 days thereafter a statement under oath that the insured or the legal representative of the insured has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof; and (C) At the insurers request, the insured or the legal representative of the insured makes available for inspection the vehicle which was insured at the time of the accident. (b) Phantom vehicle means a vehicle that causes damage to the covered vehicle of an insured, although there is no physical contact between the vehicles, provided: (A) There cannot be ascertained the identity of either the operator or the owner of such phantom vehicle; (B) The facts of such accident can be corroborated by competent evidence other than the testimony of the insured or any passenger in the insured motor vehicle; and (C) The insured or someone on behalf of the insured shall have reported the accident within 72 hours to a police, peace or judicial officer, to the Department of Transportation or to the equivalent department in the state where the accident occurred, and shall have filed with the insurer within 30 days thereafter a statement under oath that the insured or the legal representative of the insured has a cause or causes of action arising out of such accident for damages against a person or persons whose identity is unascertainable, and setting forth the facts in support thereof. [Formerly 743.796; 2003 c.175 3] Note: