(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]