The Oregon Senate recently passed a bill that will hopefully change the law regarding reimbursement of personal injury protection benefits paid to injured motorists who have a claim against another careless motorist.
Under the current law, if you are injured in a motor vehicle collision in Oregon, and have a claim against another party, your insurance company is entitled to be reimbursed out of any settlement recovery you may obtain against the careless driver, regardless of how badly you were injured, and the amount of your medical expenses. There are some situations that allow a waiver of the reimbursement of these benefits, but there are other cases where injure motorists are left inadequately compensated after paying the person to protection carrier out of any settlement or recovery.
The law can also her motorists who have underinsured claims. Under Oregon law, an injured motorist can make a claim against his or her auto insurance carrier if the at fault driver's insurance was inadequate to properly compensate the injured motorist. However, the insurance company is entitled to a credit for personal injury protection benefits provided, again no matter the severity of injury, or the amount of medical expenses.
Under the new law, the injured motorist will be placed in the front of the line, and the personal injury protection carrier will only be reimbursed after the injured motorist is "made whole." This bring some fundamental fairness to the system.
Stating for more news on this exciting developments.