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FILED: November 13, 2003
IN THE COURT OF APPEALS OF THE STATE OF OREGON
MAE HAYNES,
Appellant,
TRI-COUNTY METROPOLITAN
TRANSPORTATION DISTRICT
OF OREGON,
a municipal corporation,

Respondent.

0201-00624; A120056
Appeal from Circuit Court, Multnomah County.
Edward J. Jones, Judge.
Argued and submitted September 4, 2003.
Willard E. Merkel argued the cause for appellant. With him on the briefs was Merkel & Associates.
Jana Toran argued the cause and filed the brief for respondent.
Before Landau, Presiding Judge, and Armstrong and Brewer, Judges.
BREWER, J.
Affirmed.
BREWER, J.
Plaintiff was injured when a bus on which she was a passenger took evasive action to avoid colliding with another vehicle. She submitted a claim for uninsured motorist (UM) benefits to defendant Tri-County Metropolitan Transportation District of Oregon, the operator of the bus. An arbitrator awarded plaintiff economic and noneconomic
damages but denied her request, made pursuant to ORS 742.061 and ORS 806.130(3), (1) for attorney fees. The trial court affirmed the denial of attorney fees. In her sole assignment of error on appeal, plaintiff asserts that the trial court erred in denying her request for attorney fees. We affirm.
The following facts are not disputed. Defendant is self-insured. After plaintiff was injured in the near collision between defendant's bus and the other vehicle, (2) she brought this action seeking UM benefits in the amount of $4,564.94 for medical expenses and an amount not to exceed $25,000 for pain and suffering. Plaintiff also alleged that defendant had failed to make settlement within six months from the date that she filed proof of loss and that she therefore was entitled to an award of attorney fees as provided in ORS 742.061. Defendant answered that plaintiff was not entitled to UM benefits because she failed to comply with provisions of defendant's code pertaining to consideration for such benefits. Defendant also asserted that, because it is not an insurer for the purpose of ORS 742.061, plaintiff was not entitled to attorney fees.
The trial court transferred the case to its court-annexed arbitration program. The arbitrator awarded plaintiff $4,536.47 in special damages, $3,000 in general damages, and costs. The arbitrator concluded, however, that ORS 806.130(3)-

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