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Same Violation, Different Price: Why High-Risk Auto Premiums Vary

Written and reviewed for insurance accuracy by , licensed agent, NPN 19695198. Published October 28, 2026. How we review this

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Because Oregon sets a standard for rates, not a price list for violations. Two things decide what a record costs you, and they come from different places: the clock is set by Oregon law — on a policy covering a vehicle you own, a carrier may not consider an accident or conviction older than three years when it rates or renews you, except where it looks back to give you a discount — and the price is set by your carrier's filed rating plan, which Oregon reviews against a fairness standard rather than a schedule. That is why a friend's quote on the same ticket tells you almost nothing about yours.

Zero. The number of times the words "automobile" or "motor vehicle" appear in ORS chapter 737, Oregon's rates and rating statute. There is no Oregon surcharge schedule, no point system, and no rule on what a violation may cost (ORS chapter 737, full-text search, accessed October 28, 2026).

What the violation determines, and what it doesn’t

A violation determines three things: whether a carrier will write you at all, which of its tiers or companies you land in, and what the record contributes inside its rating plan. It does not determine your price on its own, and it is usually not the biggest difference between two people’s quotes.

The reason sits in one sentence of Oregon law. ORS 737.310(8) permits classification rates to “be modified to produce rates for individual risks in accordance with rating plans which establish standards for measuring variations in hazards,” and says those standards “may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses.” That is the license under which two companies can look at one ticket and reach two different numbers, and both can be lawful.

What Oregon requires of the result is a standard, not a schedule: under ORS 737.310(1), “Rates shall not be excessive, inadequate or unfairly discriminatory.” And the “excessive” test is harder to meet than it sounds — ORS 737.310(2) treats a rate as excessive only if it is unreasonably high and a reasonable degree of competition does not exist in the area.

Oregon is also file-and-use for personal auto. Under ORS 737.205(1) a filing “shall become effective immediately on the date specified therein but not earlier than the date such filing is received by the director.” No state approval precedes the rate. The prior-approval provision at ORS 737.207(2) reaches commercial liability, not personal auto.

Recency and frequency: the clock Oregon does set

Here Oregon is specific, and it is the most useful thing to know.

ORS 746.265(1) permits an insurer to consider the abstract of your nonemployment driving record when deciding whether to issue or renew your policy, and when determining your rates. ORS 746.265(2)(a) then forbids it from considering any “[a]ccident or conviction for violation of motor vehicle laws that occurred more than three years immediately preceding the application for the policy or for renewal of the policy.” Subsection (2)(b) applies the same three years to diversion agreements, and (2)(c) bars considering a suspension under ORS 809.280(6) or (8) where the suspension rests on a nondriving offense.

Three years, measured backwards from your application or renewal against when the item occurred. Not from a conviction date plus three. The DMV abstract is built to match — ORS 802.220(4)(a) says a certified abstract may not contain accidents or convictions older than three years — unless the abstract is requested under ORS 746.265(3), the discount route. And the Division of Financial Regulation states it plainly for consumers: “Premiums reflect your driving record for the past three years” (Oregon Division of Financial Regulation, Auto insurance 101, accessed October 28, 2026).

Three things that rule does not do, each of which gets misread:

  1. It does not stop a carrier looking back further to give you a discount. ORS 746.265(3): subsection (2) “does not apply if an insurer considers an individual’s nonemployment driving record under ORS 802.220 for the purpose of providing a discount to the individual.” OAR 735-010-0030(3) provides for an insurance abstract of the non-employment driving record available only to insurers and insurance support organizations, which an individual may request themselves “to obtain an insurance discount under ORS 746.265(3).” So the three-year limit runs in one direction — against use that hurts you, not use that helps.
  2. It does not require anyone to forgive anything. Subsection (2) is a ceiling on what may be considered, not a floor on what must be dropped. Nothing requires a carrier to use the full three years, or to re-rate you the moment an item ages out.
  3. It is written about the Oregon abstract, for personal auto on a vehicle you own. The Division of Financial Regulation notes insurers order records “from the Oregon DMV and from other states,” and no source we found resolves how the three-year limit applies to an out-of-state entry. We are not going to tell you it travels when the law does not say so.

Frequency matters separately from recency, and nothing in Oregon law addresses it. Two items inside the window is a different risk picture from one, and how much different is a filed-plan question.

Your record is not your DMV record

These get conflated, and they are different lengths.

The abstract an insurer orders covers three years. Oregon DMV’s own records run longer. Under OAR 735-010-0030(10) a court print carries major traffic offenses, DUII diversion agreements and alcohol rehabilitation entries “for the ten years preceding” the request, and minor offenses and accidents “for the five years preceding.” ORS 802.200(9)(c)(D) includes diversion agreements “within the preceding 15 years,” and OAR 735-010-0030(13) provides for retrieving entries that have been purged from the active database.

So “it’s off my record after three years” is not right. What is right is that the record an insurer may rate on covers three years. Nothing in the DMV material gives a carrier permission to rate on the longer views — ORS 746.265(2) is what governs that, and it says three.

The things that differ between you and your friend

Running through the inputs that actually vary, none of which is the violation:

Which company you are with. The largest single variable, and the one people ignore when comparing. Each filed plan weighs a record its own way and places you in its own tier structure.

The vehicle. ORS 742.075(3)(a)(D) lists “[t]he age, location and value of insured property” among the factors an insurer may have to disclose in explaining an increase. What a car costs to repair or replace moves a premium independently of who drives it.

The limits and deductibles you chose. Higher liability limits cost more; the state minimums are a floor, not a recommendation. Our page on auto liability limits sets out what Oregon requires and what it leaves exposed.

Where the car is kept and how far it goes. ORS 742.075(3)(a)(A) names “[t]he location in which a motor vehicle is stored when not in use” and “the number of miles the vehicle is driven in a specified period.”

Continuous coverage. A gap is its own rating input, separate from anything on your driving record — which is why a lapse costs more than the days you were uninsured.

Who else is in the household. Every regular driver belongs on the policy, and the household’s records travel together. Oregon allows a carrier to exclude a named person from the required liability coverage on the signed acknowledgment of every named insured, under ORS 742.450(6) and (7). There are distinct grounds for it: ORS 742.450(7)(a) addresses exclusion because of that person’s driving record, while OAR 836-058-0010(1) provides a route where the person is higher rated than the named insured and including them would cause financial hardship. Those are two different tests, not one. It is a real tool and it has real consequences, because an excluded driver is not covered while driving and cannot use that policy for their own filing. Our page on excluded and household drivers goes through it.

Claims you have made. ORS 742.075(3)(a)(A) lists “the insured’s claims history” separately from the driving record. They are not the same thing.

Why two quotes on one record differ so much

Because you are not comparing prices for a risk. You are comparing two companies’ filed answers to the same risk, and those answers were built from each company’s own loss experience.

ORS 737.310(3) requires rates for each classification to “be based on the claims experience of insurers within Oregon on that classification of coverage unless that experience provides an insufficient base for actuarially sound rates,” and ORS 737.310(4) directs that “[d]ue consideration shall be given to past and prospective loss experience within this state … and to all other relevant factors, including judgment factors deemed relevant.” Different books of business, different experience, different judgment — lawfully different prices.

This is also why shopping is the rational response to a high renewal rather than a complaint. DFR’s own consumer guidance on price is exactly that: “The cost for coverage varies so it is important to shop when choosing an insurance company” (Oregon Division of Financial Regulation, Auto insurance 101).

What to do about it

Ask, in writing. If your Oregon auto premium rose at renewal, ORS 742.075 gives you the right to a written explanation naming up to four factors, within 20 days of your written request. OAR 836-054-0130 sets out what the request has to contain — your name, address, policy number and type, a clear statement that you are asking why the renewal premium is increasing, legible, and sent by mail, email, hand delivery or the insurer’s portal. The rules took effect April 1, 2026; the statute applies to renewals on or after September 1, 2026.

Read the four factors against this page. If the increase is being driven by something inside the three-year window, you now know the clock on it. If it is being driven by the vehicle, the limits or a tier change, that is a shopping question rather than a record question.

Shop the whole household at the same limits. Comparing quotes at different limits is not comparing. Our questions before switching page lists what to settle before moving a policy.

If you think the company is breaking a rule, the Division of Financial Regulation takes complaints and says it “can determine whether the company or agent is following all Oregon laws and rules,” while cautioning that it is “not attorneys and cannot act as your legal representative” (DFR, file a complaint). It is a compliance check, not a price appeal — DFR does not set or arbitrate individual premiums.

Questions to ask your advisor

  • Which of the four factors in my renewal explanation are inside Oregon’s three-year window, and when does each one age out?
  • Am I in a different tier or a different company than when I started, and what moved me?
  • Are my limits and deductibles the same ones I am being quoted against elsewhere?
  • Is every regular driver in the household listed, and is anyone on here who should not be?
  • Has my continuous-coverage history been credited, and does the carrier look back further for discounts?
  • If nothing changes, what would my renewal look like after the next item ages out — and is that worth waiting for or shopping now?

Sources, and what to verify

Statutes from the Oregon Legislature, rules from the Secretary of State’s administrative rules database, and consumer material from the Division of Financial Regulation and Oregon DMV, all accessed October 28, 2026.

On the three-year rule, read ORS 746.265 as a whole rather than subsection (2)(a) alone. Subsection (1) sets the permitted purposes, subsection (2) sets the limits, and subsection (3) switches the limit off for discounts. Any summary that gives you only (2)(a) is giving you a third of the provision.

On rating factors, OAR 836-081-0010 is an availability rule. It is not a list of things that cannot enter a price, and it is routinely described as though it were.

No figures appear on this page on purpose. Oregon publishes no surcharge schedule, so any percentage or dollar amount would be someone else’s average rather than a fact about your policy. If you want a number that applies to you, the written-explanation request and a quote are the two ways to get one.

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What many people don't realize

The part that catches owners off guard

  • Oregon does not publish a surcharge schedule. No statute and no administrative rule says what a violation may cost, so nobody can tell you the number — including us.
  • Oregon does set the look-back window, and it is three years by statute rather than by carrier custom. The limit has a real exception, which we spell out below.
  • We carry no premium figures on this page. Any number we published would be an average of other people, and an average is the one thing that cannot describe your price.
  • Where Oregon law stops and a carrier's filed rating plan starts is the whole answer to this question, so that is how the page is organized.
  • You have a statutory right to ask your insurer, in writing, why your renewal went up. Most people do not know it exists.
The Vantage Point

What we see most often

This question almost always arrives as a comparison. Someone got the same ticket, in the same county, on the same kind of car, and is paying noticeably less. The implication the person is testing is that somebody is being cheated.

Usually nobody is. The violation is one input among many, and it is not even the input that varies most between two people. What varies most is which company they are with, because the price of a given record is set inside each carrier's filed rating plan — and Oregon reviews those plans against a standard, not a schedule.

The part worth knowing is where the law does bind. Oregon caps how far back a carrier may look at your driving record. That is a statute, not a courtesy, and it is the single most useful fact on this page.

What I want to take off people's shoulders is the idea that a friend's quote is evidence about their own. It isn't. It is evidence about their friend's carrier.

An example

Two drivers came to us the same month with the same violation on their records and a gap of real money between their renewals.

Nothing improper had happened to either of them. One was with a company whose filed plan moved that violation hard and placed them in a different tier at renewal; the other was with a company that moved it less and had a longer continuous-coverage history to weigh against it. Same ticket, different plans, different answers.

This example is illustrative rather than a specific client file. The pattern is the one we see constantly: people compare the violation and assume everything else is equal, when everything else is where the price actually comes from.

Shared to show the shape of the problem, not to promise an outcome.

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When to review

It may be time for a coverage review if:

  • Someone you know has the same violation and is paying noticeably less
  • Your renewal went up and you were not told why
  • You are being quoted very differently by two companies on the same record
  • You want to know how long a violation can count against you in Oregon
  • You are deciding whether it is worth shopping the policy
  • A household member's record is affecting your price
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Frequently asked

Frequently asked

Why would two drivers with the same violation pay different prices?
Because Oregon sets a standard for rates, not a schedule for violations. ORS 737.310(1) says only that "Rates shall not be excessive, inadequate or unfairly discriminatory." What converts a record into a price is the carrier's own filed rating plan, and ORS 737.310(8) is the provision that permits it: classification rates "may be modified to produce rates for individual risks in accordance with rating plans," and those plans "may measure any differences among risks that can be demonstrated to have a probable effect upon losses or expenses." So two filed plans can weigh the same ticket differently and both be lawful. Beyond the plan, the inputs that differ between two people are rarely just the violation: how recent it is, whether anything else sits on the record, the vehicle, the limits and deductibles chosen, and how long each person has held continuous coverage.
How far back can an Oregon insurer look at my driving record?
Three years, and this one is statute rather than carrier practice. ORS 746.265(1) lets an insurer consider the abstract of your nonemployment driving record when it decides whether to issue or renew your policy and when it sets your rates. ORS 746.265(2)(a) then bars it from considering any "[a]ccident or conviction for violation of motor vehicle laws that occurred more than three years immediately preceding the application for the policy or for renewal of the policy." The window is measured backwards from your application or renewal date against when the item occurred. Oregon DMV's own abstract is built to match: under ORS 802.220(4)(a) a certified abstract may not contain accidents or convictions older than three years. Two limits on that, though — see the next two answers.
Does the three-year limit mean an insurer can never look at anything older?
No, and this is where the rule gets misread. ORS 746.265(3) says subsection (2) "does not apply if an insurer considers an individual's nonemployment driving record under ORS 802.220 for the purpose of providing a discount to the individual." So the three-year bar restricts looking back to your detriment, not looking back to your benefit — a longer clean history can still help you, and OAR 735-010-0030(3) provides for an insurance abstract an individual may request "to obtain an insurance discount under ORS 746.265(3)." The restriction is also written about the Oregon driving-record abstract for personal auto on a vehicle you own. The Division of Financial Regulation notes that insurers order records "from the Oregon DMV and from other states," and no source we found settles how the three-year limit applies to an out-of-state record, so we will not tell you it travels. And none of this touches what you told the company on your application, or a claim it paid itself.
Will my premium go down automatically once a violation passes the three-year mark?
Not automatically, and we would not plan around it. ORS 746.265(2) is a ceiling on what a carrier may consider, not a floor on what it must forgive. Nothing in Oregon law requires an insurer to re-rate you when an item ages out, requires it to use the full three years in the first place, or says your premium will change at all. Tier placement and renewal rating sit inside the filed plan. What is worth doing is checking at the renewal after an item should have aged out — and if the price has not moved, that is a reasonable moment to ask the company in writing and to shop.
Can I make the company tell me why my premium went up?
At renewal, yes, if you ask in writing. ORS 742.075(2) requires an insurer renewing a qualified policy to "give a clear and reasonable written explanation for any increase in the amount of the premium," at the insured's written request. The explanation must identify "all, but not more than four, of the factors that most significantly contributed to the premium increase," and ORS 742.075(5) requires a response "not later than 20 days after receiving the request." The insurer also has to print a conspicuous statement telling you the right exists, on the renewal offer and on the first invoice after renewal. It is narrower than it sounds: it applies to renewals rather than new business, it excludes changes you asked for yourself and several specialty policy types, and the insurer need not reveal its credit-based scoring model, its criteria for placement of insurance or its eligibility rules. The implementing rules were adopted in March 2026 and took effect on April 1, 2026, and the statute itself becomes operative September 1, 2026, applying to policies an insurer renews on or after that date. So this is new, and it reaches renewals from September 2026 forward.
Does Oregon ban insurers from rating on age, gender or marital status?
Not in the way it is usually described, and the distinction matters. OAR 836-081-0010(1) lists characteristics an insurer may not base "[a]n insurer decision on the availability of insurance" upon — including age, sex, marital status, race or color, creed, national origin, ancestry, and lack of previous insurance unless the lack was unlawful. That rule is about whether you can get a policy. Pricing is a separate question, and ORS 742.075(3)(a)(B) expressly contemplates "age, education, gender, marital status and occupation" appearing among the factors an insurer discloses in a rate-increase explanation, "to the extent that the insurer may lawfully consider such items." Oregon does bar some things from rating outright: ORS 746.260(2) keeps your employment driving record out of auto rating, and ORS 746.661(1) restricts how credit history may be used. But an availability rule is not a rating ban.
Is there any way to see how my carrier actually rates?
Partly. ORS 737.205(3) provides that "A filing shall be open to public inspection immediately upon submission to the director," and the Division of Financial Regulation publishes a public search of Oregon rate and form filings through the NAIC SERFF interface. What you will not find there is the part most people want: ORS 746.662(2) makes insurance scoring models "confidential and not subject to disclosure," and ORS 742.075(7)(b) separately relieves an insurer of disclosing criteria for placement of insurance, eligibility rules, trade secrets and usage-based filings. DFR also cautions that copyrighted industry forms in a filing may be viewed but not copied. So you can read the filing and still not be able to reconstruct your own rate. In practice the written-explanation request is the faster route.
RS
Written and reviewed by

Founder and Principal Advisor, Vantage Point Risk

Richard Sweet runs Vantage Point Risk, an independent insurance and risk advisory for property owners, real estate investors, business owners, and families. He works with investors every week on the coverage decisions that decide how a claim actually turns out, and writes the Learning Center to put those decisions in plain language.

Written and reviewed for insurance accuracy by Richard Sweet, licensed agent, NPN 19695198. Published October 28, 2026. See our editorial process. Spot an error? Email support@vantagepointrisk.com.

Richard also writes The Vantage Point, notes on building a better business.

This article explains how Oregon regulates auto insurance rates and driving-record use, using statutes, administrative rules and Division of Financial Regulation and DMV material published as of the accessed dates shown. It is general information about the law, not legal advice, and not insurance advice, a quote or a guarantee of coverage. It contains no premium figures by design, and nothing here predicts what any company will charge you. Oregon does not publish a surcharge or point schedule for violations; what a violation costs is determined by each insurer's filed rating plan.

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