2017 ORS 31.560¹
Advance payment for death or personal injury not admission of liability
  • when advance payment made

(1) Advance payment made for damages arising from the death or injury of a person is not an admission of liability for the death or injury by the person making the payment unless the parties to the payment agree to the contrary in writing.

(2) For the purpose of subsection (1) of this section, advance payment is made when payment is made with or to:

(a) The injured person;

(b) A person acting on behalf of the injured person with the consent of the injured person; or

(c) Any other person entitled to recover damages on account of the injury or death of the injured or deceased person. [Formerly 18.520]

(formerly 18.500 to 18.530)

Notes of Decisions

Advance pay­ment by an insurer for prop­erty damage, made without giving notice of the expira­tion date for per­sonal injury claim arising out of the same accident, suspends the opera­tion of the statute of limita­tions as to the per­sonal injury claim. Duncan v. Dubin, 276 Or 631, 556 P2d 105 (1976)

Pay­ment made by defendant’s insurer to plaintiffs’ car rental company prior to judg­ment is “advance pay­ment” and, where made without re­quired notice, tolls statute of limita­tions on plaintiffs’ per­sonal injury ac­tion. Anais v. Dias, 70 Or App 478, 689 P2d 1011 (1984), Sup Ct review denied

1 Legislative Counsel Committee, CHAPTER 31—Tort Actions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors031.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 31, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano031.­html (2017) (last ac­cessed Mar. 30, 2018).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.