802.091 Removal of debris following motor vehicle accident
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802.091 Removal of debris following motor vehicle accident.
(1)The Department of Transportation shall pay reasonable costs for the removal of any vehicle, cargo or debris resulting from a motor vehicle accident if:
(a)The motor vehicle accident resulted in the death of a person 18 years of age or younger;
(b)The accident occurred on a state highway;
(c)The surviving family members would otherwise be responsible for the cost of the cleanup; and
(d)There is no insurance available.
(2)Subsection
(1)of this section does not apply if:
(a)It is established by a preponderance of the evidence that the deceased was engaged in conduct that would constitute a crime; or
(b)The vehicle of the deceased was not insured under a motor vehicle liability insurance policy that complied with financial responsibility requirements under ORS 806.060. [2009 c.620 §2]