Or. Admin. Code § 735-050-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 735-050-0010 - Proof that an Accident is Not Reportable

(1) ORS 811.720 establishes when an accident must be reported to the Driver and Motor Vehicle Services Division of the Department of Transportation (DMV). If one person reports an accident and provides information that another party must report the accident, the second party may dispute the circumstances of the accident and the requirement to report to DMV. DMV must suspend driving privileges if a party involved in an accident fails to file an accident report when required.

(2) If DMV issues a suspension notice resulting from information that a party involved in an accident has failed to file an accident report as required, the party may provide proof to the DMV Accident Reporting Unit that the accident is not reportable. Proof of vehicle damage or injury must apply only to the party's vehicle or its occupants. Acceptable proof includes, but is not limited to, the following:

(a) A repair bill or estimate from an automotive repair business or statement from an insurance company responsible for paying the damage claim, showing damage to the party's vehicle is less than $2500;

(b) A repair bill or estimate, statement from an insurance company responsible for paying the damage claim or a statement from the owner of the property, showing damage to property other than a vehicle involved in the accident is less than $2500;

(c) The party's sworn statement that his or her vehicle was not towed from the accident scene. The statement must be notarized; or

(d) The party's sworn statement or a statement from the insurance company responsible for the damage claim that no person in the party's vehicle was injured as a result of the accident. The party's statement must be notarized.

(3) After reviewing the information provided, DMV will send a notice to the party stating whether or not an accident report must be filed with DMV.

(4) If DMV determines that the accident was not reportable for the party, DMV will stop or rescind any proposed suspension of the party's driving privileges.

(5) If DMV determines that the accident was not reportable for any party involved, DMV will remove the accident from the driving record of each party.

(6) For purposes of this rule, "party" means the driver or owner of a vehicle involved in an accident occurring on a highway or upon premises open to the public.

Or. Admin. Code § 735-050-0010

MV 54, f. 7-2-74, ef. 7-25-74; Administrative Renumbering 3-1988, Renumbered from 735-033-0020; DMV 10-2006, f. & cert. ef. 8-25-06; DMV 26-2017, amend filed 12/19/2017, effective1/1/2018

Statutory/Other Authority: ORS 184.616, 184.619 & 802.010

Statutes/Other Implemented: ORS 809.417, 811.720, 811.725 & 811.730