PIP

Last month, the Oregon Supreme Court upheld a decision that will force Farmer’s Insurance Company of Oregon to pay $8.9 million to injured Oregonians.

According to the court, Farmers failed to comply with laws that regulate personal injury protection (PIP) benefits. According to Oregon statute ORS 742.520, insurance companies are required to cover the costs for “all reasonable and necessary expenses of medical, hospital, dental, surgical, ambulance and prosthetic services incurred within one year after the date of the person’s injury,” up to a $15,000.

Insurance companies are supposed to protect their insured and help them when they are injured. Too often we see that insurance companies don’t care about people at all – they just care about profits. By denying injured Oregonians health benefits through PIP, Farmers Insurance was violating the statute as well as the spirit behind it, the spirit of good will and assistance that we hope for from our insurance.

The trial court in Multnomah County awarded $900,000 in compensatory damages, and $8 million in punitive damages. In addition, Farmers was required to pay all attorney fees.

Not all states have mandatory PIP, but in Oregon we are lucky that we do. PIP is an extension of car insurance that will cover medical bills and lost wages. No matter who is at fault, PIP is available. In Oregon PIP is only available for 1 year after the accident or up to $15,000, whichever comes first.

PIP is very important when you’ve been in an auto accident. If you were injured, PIP will pay your bills until the insurance company of the driver at fault can establish a claim number and begin paying. Basically, through your own insurance PIP will pay your bills, and then the bad driver’s insurance company will pay your insurance back.

In many cases, however, PIP will be exhausted before you are done treating for your accident injuries. In this case, it is advisable to seek legal help from an Oregon car accident attorney. Injury lawyers can help you communicate with the other driver’s insurance and get the rest of your medical bills paid, your lost wages compensated, etc. It’s important to remember that if you’ve been hurt, there are options.

Date: January 16, 2010
Location: U.S. 101 near Florence, Oregon
Names: Han Kim, David Chai, Esther King, Bin Seo, Minhye Park, Brandon Schooley, Nicholas Torres, Samantha Frese, Felicia Baldwin

In a devastating head-on crash January 16, 2010, nine people in two cars were injured, three of them seriously, according to The Oregonian.

The crash took place around 3:40 PM on U.S. Highway 101 near Florence, Oregon, as Brandon Schooley, 19, of Eugene was driving north on the highway. As he attempted to negotiate a sharp turn, his car crossed the center line and crashed head-on into a car driven by Han Kim, 25, also of Eugene.
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New laws could affect your Oregon injury/accident case. Changes have been made to Personal Injury Protection (PIP) and liability insurance laws in Oregon, starting January 1, 2010.

Click here and scroll down to “Personal Injury” to see what they are. Then contact us if you have any questions. Or read the em>7 Common Mistakes That Can Wreck Your Oregon Accident Case to increase your chances of winning your Oregon injury case.
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Date: June 1, 2009
Location: Northeast Amro Avenue, Yacolt, WA
Type:  Pedestrian & Crosswalk Collisions
Outcome: 1 Minor Injury
Names: Unknown

A Yacolt father accidentally ran over his 2-year-old son on Monday morning while backing out of the driveway of his home. Clark County deputies reported that the father had apparently believed the boy to be inside the house when the incident happened, and failed to see him in the driveway.

The young boy was transported to Southwest Washington Medical Center and then to Legacy Emanuel in Portland. He suffered a broken leg from the collision, but appears to be in good condition. Clark County deputies have not found any evidence of foul play, and the father was not cited.

We are extremely relieved that the young boy seems to be recuperating well from the incident, and hope that he continues to make a speedy and complete recovery. We also wish the very best for the father in this situation, who is probably experiencing major shock, fear, and guilt over what has happened.

This kind of case also raises the question: can a 2-year-old sue his own father?  Such a question seems outrageous, and the thought of it rightfully turns many people’s stomachs. Yet what is most outrageous, in our opinion, is that the insurance company will most likely capitalize on that absurdity, and use it to deny the boy access to his father’s liability insurance.

In other words, the father should have access to two separate sources of money through his automobile insurance to cover his son’s injuries: PIP, and liability insurance. Without a lawsuit, the insurance company will most likely only pay out the $15,000 in medical bills from PIP, and nothing from liability insurance. If the boy’s medical bills cost more than $15,000, then he will have to use his health insurance to cover the rest — unless, of course, he happens to be part of the 11% of Oregon children who do not have health insurance.

In short, the 2-year-old can sue his dad, and sadly, may be forced to by his father’s own insurance company. An experienced attorney would first appoint a “guardian ad litem” for the child, which means simply a guardian solely for the purpose of the lawsuit.  That “Guardian Ad Litem” then would bring the suit on behalf of the boy, and would collect money from dad’s auto insurance.  The money could be used to pay medical bills, and any leftover would go into a protected bank account for the child when he turns 18.

Shulman DuBois LLC represents victims with injuries resulting from accidents. Our clients deserve representation with our experience, sensitivity and tenacity. Should an unfortunate episode find you or someone you know in need of representation as a result of an accident related injury, the best thing you can do for yourself is to get educated by reading our Frequently Asked Questions, exploring our Library, or ordering your free copy of 7 Common Mistakes That Can Wreck Your Oregon Accident Case.

Date: May 31, 2009
Location: Northwest Lower River Road, Vancouver, WA
Type: Car Accident
Outcome: 1 Minor Injury
Names: Andrey Runov, Clarissa Kemrer, Kelly Ehrich

Vancouver woman Kelly Ehrich, 33, had to be transported by ambulance to Legacy Salmon Creek Hospital last night after a three-vehicle crash on Northwest Lower River Road. According to The Oregonian, the crash happened when 24-year-old Andrey Runov of Portland, headed southbound, attempted to pass a car driven by Clarissa Kemrer in a no-passing zone entering a blind S-curve. Runov slammed into Ehrich’s northbound vehicle, forcing it off the roadway. Runov then collided with Kemrer’s vehicle, pushing it off the road on the west side and causing it to roll over. Vancouver police reported that Runov was driving above the 45 mph speed limit.
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