When a personal injury case involves a motor vehicle, the state of Oregon says we have special dispensation to serve by mail (without the need for Order for Alternative Service).
Take a look at ORCP 7(D)(4): Particular actions involving motor vehicles.
You can read the statute in full here. But the basics are:
- You need to attempt at least once to serve the defendant(s) by any of the appropriate methods (see D(3)).
- You can then serve the defendant(s) by First Class USPS AND Certified mail, Return Receipt Requested (See D(2)(d)).
- Items must be mailed to all of the following known addresses:
- Address provided at the scene of the accident;
- Address on file with the DMV;
- Any other address known at the time of making the mailings that reasonably might result in actual notice to that defendant.
Once you’ve properly served the defendant(s) by mail, you file the Declaration of Mailing with the court (include copies of the actual envelopes as an exhibit). The date of your service is the latest date of your mailing.
If the envelopes are returned as undeliverable or unclaimed, you’ll need to file an Amended Proof of Service and include copies of the envelopes as an exhibit.
At that point, your service is considered properly executed and you can move forward with a motion for default under ORCP 69E.
While plaintiffs and their attorneys are allowed to do these mailings themselves, we help our law firm clients with this type of service on a weekly basis. If you have questions or comments, please share with us in a reply below.