Is a hit and run covered under uninsured motorist property damage coverage in Oregon?

My car was the victim of a hit and run
with no witnesses. I was not with the
car when the event occurred at night
and didn’t notice damage until the next
morning. My insurance is filling it
under collision and saying I’m at fault.
Could it be covered under uninsured
motorist property damage?

Asked on March 2, 2018 under Accident Law, Oregon


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, you should be able to file a claim under the uninsured motorist coverage of your policy or a hit an d run accident. That having been said, since our insurer claims that you were at fault for the accident, you claim will be denied unless you can prove that the other party was at fault.

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When there is a hit and run and the at-fault party is unknown or not apprehended, then it is presumed that the culprit was uninsured.  
Therefore, you should be able to file an uninsured motorist claim through your insurance carrier for the property damage (cost of repairs) to your vehicle.  The problem you may have is that since your insurance company is claiming you were at fault, your uninsured motorist property damage claim will probably be denied if you can't prove that you were not at fault.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.