(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.
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