PIP

Oregon law requires that all Oregon non-commercial auto insurance policies have no-fault Personal Injury Protection (PIP) coverage which covers "reasonable and necessary" health care and wage loss . If you are injured in an auto, bike, or pedestrian accident, your auto insurance provides a minimum of one year and $15,000 in "reasonable and necessary" medical coverage. In addition to medical coverage, your personal injury protection insurance provides wage loss coverage if certain conditions are met. PIP coverage is not mandatory for motorcycles.

Bike and Pedestrian Accidents-

Wage Loss Benefits-

Your PIP insurance will pay up to 52 weeks of wage loss up to the maximum monthly amount of $1,250.  In order to qualify for wage loss, you will need a work release slip from your medical provider and will need to miss at least two weeks of consecutive work before the benefit applies.

What health care is covered by

Your insurance company is required to pay your "reasonable and necessary" medical expenses (under the worker's compensation reimbursement guidelines) within the first year, up to the medical benefit policy limit (usually $15,000). Your insurane compan can deny payment and send you to an insurance company doctor for a review of your medical case.  This is known as an "independant Medical Examination ("IME")."  Most of the time the doctor says that further treatment is no longer necessary.  Because you have a duty to cooperate with your insurance company, failure to attend the IME automatically results in denial of coverage.

Failure to pay medical bills-

Reimbursement-

Normally, your insurance company is reimbursed from the company that insured the at fault driver.  

Treatment above PIP limits-

Treatment above your PIP benefit limits is usually covered by y our healthcare insurance.  If you do not have healthcare insurance, you will be billed personally for any amounts in excess of your PIP coverage.  Joe Durkee will ask your medical provider(s) to hold off on their collection effots until a settlement has been achieved.  Many providers agree to this agreement although they do not have to.

What your PIP insurance contract language may look like-

PERSONAL INJURY PROTECTION ENDORSEMENT
We (the insurance company) will pay Oregon Personal Injury Protection benefits for:
1. medical and hospital expenses;
2. income continuation expenses;
3. loss of services expenses; and
4. funeral expenses
incurred with respect to bodily injury sustained by an injured person and caused by an accident arising out of the ownership, maintenance or use of a motor vehicle.
EXCLUSIONS
This insurance does not apply:
1. to bodily injury sustained by any person
a. who intentionally causes injury to him/herself; or
b. while participating in any prearranged or organized racing or speed contest or in practice or preparation for any such contest;
2. to income continuation expenses and loss of services expenses with respect to bodily injury sustained by any pedestrian, other than the insured in an accident which occurs outside the State of Oregon;
3. to bodily injury due to war, whether or not declared, civil war, insurrection, rebellion or revolution, or to any act or condition incident to any of the foregoing;
4. to bodily injury resulting from the radioactive, toxic, explosive or other hazardous properties of nuclear material;
5. to bodily injury sustained by the insured while occupying any motor vehicle owned by the insured or furnished for the insured's regular use and not insured for Oregon Personal Injury Protection benefits, including a motorcycle or moped as defined in Oregon Statutes;
DEFINITIONS
When used in reference to this insurance:
"motor vehicle" means a self-propelled land motor vehicle or trailer other than:
1. A farm type tractor or other self-propelled equipment designed for use principally off public roads, while not upon public roads;
2. a vehicle operated on rails or crawler-treads; or
3. a vehicle located for use as a residence or premises;
"bodily injury" means bodily injury, sickness or disease, including death at any time resulting therefrom;
"funeral expenses" means reasonable and necessary expenses for professional funeral services incurred within one year after the date of the accident;
"income continuation expenses" means 70% of the injured person's loss of income from work during a period of disability caused by bodily injury sustained by such person in the accident, provided that:
1. such person was usually engaged in a remunerative occupation at the time of the accident;
2. the period of such disability continues for at least 14 consecutive days after the accident; and
3. income continuation expenses shall include only expenses for loss of income incurred from the date such disability commenced to the date on which such person is able to return to his usual occupation and are subject to a maximum payment period in the aggregate of 52 weeks.
"injured person" means
1. the insured who sustains bodily injury while occupying a private passenger motor vehicle or, while a pedestrian through being struck by a motor vehicle;
2. any other person, who sustains bodily injury while occupying or using the insured motor vehicle, with the permission of the insured, or while a pedestrian, through being struck by the insured motor vehicle;
"insured motor vehicle" means a passenger motor vehicle of which the insured is the owner, to which the bodily injury liability insurance of the policy applies;
"loss of services expenses" means expenses reasonably incurred, during a period of disability caused by bodily injury sustained by an injured person in the accident, for essential services in lieu of those such person would have performed without income, provided that:
1. such person was not usually engaged in a remunerative occupation at the time of the accident.
2. the period of such disability continues for at least 14 consecutive days after the accident; and
3. loss of services expenses shall include only expenses for such services actually rendered from the date such disability commenced to the date on which such person is reasonably able to perform such services and are subject to a maximum payment period in the aggregate of 52 weeks.
"medical and hospital expenses" means all reasonable and necessary expenses incurred within one year from the date of the accident for medical, hospital, dental, surgical, ambulance and prosthetic services;
"insured" means the entity named on the Participation Agreement;
"occupying" means in or upon or entering into or alighting from;
"pedestrian" means any person not occupying a self-propelled vehicle;
"private passenger motor vehicle" means a four-wheel passenger or station wagon type motor vehicle not used as a public or livery conveyance and includes any other four-wheel motor vehicle of the utility, pick-up body, sedan delivery or panel truck type not used for wholesale or retail delivery other than farming, a self-propelled motor home and a farm truck;
LIMITS OF LIABILITY
Regardless of the number of persons or organizations insured, policies or bonds applicable, claims made or insured motor vehicles to which this insurance applies, our liability for Oregon Personal Injury Protection benefits with respect to bodily injury sustained by any one injured person in any one motor
vehicle accident is limited as follows:
1. The total amount payable shall not exceed the sum of the minimum limits required in ORS 742.524. As of July 1, 1999, they are:
a. $15,000 for medical and hospital expenses; provided that, with respect to each injured person to whom a deductible amount applies as shown in the Schedule of this endorsement or in the declarations, such amount shall be deducted from the total amount of all sums otherwise payable by us for such expenses;
b. $1,250 per month for income continuation expenses;
c. $30 per day for loss of services expenses; and
d. $2,500 for funeral expenses.
2. Any amount payable under the terms of this insurance shall be reduced by the amount paid or payable to or on behalf of an injured person under any workers' compensation or any other similar medical or disability benefits law (excluding Medicare).
3. Any payments made by us under this insurance to an injured person shall be applied in reduction of the amount of damages which, because of bodily injury sustained in the same accident, the injured person may be entitled to recover from us for protection against uninsured motorists insurance. Any payments made by us under this insurance to an injured person shall be applied in reduction of the amount of damages which, because of bodily injury sustained in the same accident, the injured person may be entitled to recover from us for bodily injury liability insurance.
POLICY PERIOD; TERRITORY
This insurance applies only to accidents which occur during the policy period, within the United States of America, its territories or possessions, or Canada.
CONDITIONS
This insurance is subject to the following additional Conditions:
1. Notice
a. In the event of an accident, written notice containing particulars sufficient to identify the injured persons, and also reasonably obtainable information respecting the time, place and circumstances of the accident shall be given by or on behalf of each injured person to us as soon as practicable. If any injured person or his/her legal representative shall institute legal action to recover damages for bodily injury against a person or organization who is or may be liable in tort therefore, a copy of the summons and complaint or other process served in connection with such legal action shall be forwarded as soon as practicable to us by such injured person or his/her legal representative.
b. Any injured person who has received benefits and who makes a claim or institutes legal action against any person or organization legally responsible for the bodily injury shall give notice of such claim or action to us by personal service or by registered or certified mail.
2. Action Against Us. No action shall lie against us unless, as a condition precedent thereto, there shall have been full compliance with all terms of this endorsement.
3. Medical Reports; Proof of Claim. As soon as practicable the injured person or someone on his/her behalf shall give us written proof of claim, under oath if required, including full particulars of the nature and extent of the injuries and treatment received and contemplated, and such other information as may assist us in determining the amount due and payable. The injured person shall submit to physical examinations by physicians selected by the State at the expense of us when and
as often as we may reasonably require. The injured person, or in the event of his/her incapacity or death his/her legal representative, shall upon each request from us execute authorization to enable us to obtain medical reports, copies of records and information with respect to loss of income. We may require that the injured person, as
a condition for receiving income continuation expenses, cooperate in furnishing us reasonable medical proof of his/her inability to work.
4. Reimbursement and Trust Agreement. In the event of payment to any person of any benefits under this endorsement:
a. We shall be entitled to reimbursement or subrogation in accordance with the provisions of ORS 742.534 or ORS 742.538.
b. We are entitled to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of the injured person against any person or organization legally responsible for the accident, to the extent benefits were paid, less our share of expenses, costs and attorney fees incurred by the injured person in connection with such recovery.
c. The injured person shall hold in trust for the benefit of us all his/her rights of recovery to the extent of benefits furnished.
d. The injured person shall do whatever is proper to secure and shall do nothing after loss to prejudice such rights.
e. If requested in writing by us, the injured person shall take such action as may be necessary or appropriate to recover such benefits furnished as damages from the person or organization legally responsible, but only to the extent of benefits furnished by us. In the event of recovery we shall be reimbursed out of such recovery for the injured person's share of expenses, costs and attorney's fees incurred by us in connection with the recovery.
f. The injured person shall execute and deliver to us such instruments and papers as may be
appropriate to secure the rights and obligations of the injured person and us as established by
this provision.
5. Arbitration. If any person is making claim and we do not agree as to the amount payable hereunder, then each party shall, upon the written demand of either, select a competent and disinterested arbitrator. The two arbitrators so named shall select a third arbitrator, or if unable to agree thereon within 30 days then, upon the request of such person or us, such third arbitrator shall be selected by a judge of a court in the county and state in which such arbitration is pending. The arbitrators shall
then hear and determine the question or questions so in dispute, and the decision in writing of any two arbitrators shall be binding upon the person and us, each of who shall pay his/her or its chosen arbitrator and shall bear equally the expense of the third arbitrator and all other expenses of the arbitration, provided that attorney fees and fees paid to medical or other expert witnesses are not deemed to be expenses of arbitration but are borne by the party incurring them. Unless the parties otherwise agree the arbitration shall be conducted in the county and state in which the person resides and in accordance with the usual rules governing procedure and admission of evidence in courts of
law.
6. Other Insurance
The insurance afforded under this endorsement shall be excess for:
a. Bodily injury sustained by any pedestrian, other than the insured, to the extent that amounts are paid or payable to or on behalf of such pedestrian under any collateral benefits, including but not limited to insurance benefits under another policy issued by this or any other insurer, governmental benefits, other than Medicare, gratuitous benefits or Oregon Personal Injury Protection Benefits.
b. Bodily injury sustained by the insured while occupying any motor vehicle, other than the insured motor vehicle, with respect to which Oregon Personal Injury Protection benefits are in effect.

Oregon Statutes governing PIP-

The Oregon Statutes regulating PIP insurance are lengthy and complex:

742.520 Personal injury protection benefits for motor vehicle liability policies; applicability. (1) Every motor vehicle liability policy issued for delivery in this state that covers any private passenger motor vehicle shall provide personal injury protection benefits to the person insured thereunder, members of that person’s family residing in the same household, children not related to the insured by blood, marriage or adoption who are residing in the same household as the insured and being reared as the insured’s own, passengers occupying the insured motor vehicle and pedestrians struck by the insured motor vehicle.

      (2) Personal injury protection benefits apply to a person’s injury or death resulting:

      (a) In the case of the person insured under the policy and members of that person’s family residing in the same household, from the use, occupancy or maintenance of any motor vehicle, except the following vehicles:

      (A) A motor vehicle, including a motorcycle or moped, that is owned or furnished or available for regular use by any of such persons and that is not described in the policy;

      (B) A motorcycle or moped which is not owned by any of such persons, but this exclusion applies only when the injury or death results from such person’s operating or riding upon the motorcycle or moped; and

      (C) A motor vehicle not included in subparagraph (A) or (B) of this paragraph and not a private passenger motor vehicle. However, this exclusion applies only when the injury or death results from such person’s operating or occupying the motor vehicle.

      (b) In the case of a passenger occupying or a pedestrian struck by the insured motor vehicle, from the use, occupancy or maintenance of the vehicle.

      (3) Personal injury protection benefits consist of payments for expenses, loss of income and loss of essential services as provided in ORS 742.524.

      (4) An insurer shall pay all personal injury protection benefits promptly after proof of loss has been submitted to the insurer.

      (5) The potential existence of a cause of action in tort does not relieve an insurer from the duty to pay personal injury protection benefits.

      (6) Disputes between insurers and beneficiaries about the amount of personal injury protection benefits, or about the denial of personal injury protection benefits, shall be decided by arbitration if mutually agreed to at the time of the dispute. Arbitration under this subsection shall take place as described in ORS 742.521.

      (7) An insurer:

      (a) May not enter into or renew any contract that provides, or has the effect of providing, managed care services to beneficiaries.

      (b) May enter into or renew any contract that provides evaluation services for beneficiaries. [Formerly 743.800; 1991 c.768 §6; 1993 c.282 §1; 1993 c.596 §39; 1995 c.658 §114; 1997 c.344 §§1,2; 1997 c.808 §§3,4; 1999 c.434 §1; 2003 c.813 §1; 2005 c.465 §3; 2007 c.328 §8]

      742.521 Conditions applicable to arbitration proceedings. (1) Arbitration proceedings under ORS 742.520 shall be conducted under local court rules in the county where the arbitration is held.

      (2) Findings and awards made in an arbitration proceeding under this section:

      (a) Are binding on the parties to the arbitration proceeding;

      (b) Are not binding on any other party; and

      (c) May not be used for the purpose of collateral estoppel. [2007 c.328 §3]

      Note: 742.521 was added to and made a part of ORS chapter 742 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

      742.522 Binding arbitration under ORS 742.520; costs. (1) Costs to the insured of the arbitration proceeding under ORS 742.520 (6) shall not exceed $100 and all other costs of arbitration shall be borne by the insurer.

      (2) As used in this section, “costs” does not include attorney fees or expenses incurred in the production of evidence or witnesses or the making of transcripts of the arbitration proceedings. [Formerly 743.802; 2007 c.328 §9]

      742.524 Contents of personal injury protection benefits; deductibles. (1) Personal injury protection benefits as required by ORS 742.520 shall consist of the following payments for the injury or death of each person:

      (a) 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, but not more than $15,000 in the aggregate for all such expenses of the person. Expenses of medical, hospital, dental, surgical, ambulance and prosthetic services shall be presumed to be reasonable and necessary unless the provider is given notice of denial of the charges not more than 60 calendar days after the insurer receives from the provider notice of the claim for the services. At any time during the first 50 calendar days after the insurer receives notice of claim, the provider shall, within 10 business days, answer in writing questions from the insurer regarding the claim. For purposes of determining when the 60-day period provided by this paragraph has elapsed, counting of days shall be suspended if the provider does not supply written answers to the insurer within 10 days and shall not resume until the answers are supplied.

      (b) If the injured person is usually engaged in a remunerative occupation and if disability continues for at least 14 days, 70 percent of the loss of income from work during the period of the injured person’s disability until the date the person is able to return to the person’s usual occupation. This benefit is subject to a maximum payment of $1,250 per month and a maximum payment period in the aggregate of 52 weeks. As used in this paragraph, “income” includes but is not limited to salary, wages, tips, commissions, professional fees and profits from an individually owned business or farm.

      (c) If the injured person is not usually engaged in a remunerative occupation and if disability continues for at least 14 days, the expenses reasonably incurred by the injured person for essential services that were performed by a person who is not related to the injured person or residing in the injured person’s household in lieu of the services the injured person would have performed without income during the period of the person’s disability until the date the person is reasonably able to perform such essential services. This benefit is subject to a maximum payment of $30 per day and a maximum payment period in the aggregate of 52 weeks.

      (d) All reasonable and necessary funeral expenses incurred within one year after the date of the person’s injury, but not more than $5,000.

      (e) If the injured person is a parent of a minor child and is required to be hospitalized for a minimum of 24 hours, $25 per day for child care, with payments to begin after the initial 24 hours of hospitalization and to be made for as long as the person is unable to return to work if the person is engaged in a remunerative occupation or for as long as the person is unable to perform essential services that the person would have performed without income if the person is not usually engaged in a remunerative occupation, but not to exceed $750.

      (2) With respect to the insured person and members of that person’s family residing in the same household, an insurer may offer forms of coverage for the benefits required by subsection (1)(a), (b) and (c) of this section with deductibles of up to $250. [Formerly 743.805; 1991 c.768 §7; 2003 c.813 §2; 2005 c.341 §1]

      742.525 Provider charges. (1) Except as provided in subsection (2) of this section, a provider shall charge a person who receives personal injury protection benefits or that person’s insurer the lesser of:

      (a) An amount that does not exceed the amount the provider charges the general public; or

      (b) An amount that does not exceed the fee schedules for medical services published pursuant to ORS 656.248 for expenses of medical, hospital, dental, surgical, ambulance and prosthetic services.

      (2) For expenses of hospital services that are subject to the adjusted cost-to-charge ratio specified for a hospital in the hospital fee schedule published pursuant to ORS 656.248, a provider of hospital services shall charge a person who receives personal injury protection benefits or that person’s insurer the greater of:

      (a) The amount of the hospital charges multiplied by the adjusted cost-to-charge ratio specified for the hospital; or

      (b) Ninety percent of the hospital charges. [2003 c.813 §4; 2005 c.341 §4]

      Note: 742.525 was added to and made a part of 742.518 to 742.542 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

      742.526 Primary nature of benefits. (1) The personal injury protection benefits with respect to:

      (a) The insured and members of the family of the insured residing in the same household injured while occupying the insured motor vehicle shall be primary.

      (b) Passengers injured while occupying the insured motor vehicle shall be primary.

      (c) The insured and members of family residing in the same household injured as pedestrians shall be primary.

      (d) The insured and members of family residing in the same household injured while occupying a motor vehicle not insured under the policy shall be excess.

      (e) Pedestrians injured by the insured motor vehicle, other than the insured and members of family residing in the same household, shall be excess over any other collateral benefits to which the injured person is entitled, including but not limited to insurance benefits, governmental benefits or gratuitous benefits.

      (2) The personal injury protection benefits may be reduced or eliminated, if it is so provided in the policy, when the injured person is entitled to receive, under the laws of this state or any other state or the United States, workers’ compensation benefits or any other similar medical or disability benefits. [Formerly 743.810]

      742.528 Notice of denial of payment of benefits. An insurer who denies payment of personal injury protection benefits to or on behalf of an insured shall:

      (1) Provide written notice of the denial, within 60 calendar days of receiving a claim from the provider, to the insured, stating the reason for the denial and informing the insured of the method for contesting the denial; and

      (2) Provide a copy of the notice of the denial, within 60 calendar days of receiving a claim from the provider, to a provider of services under ORS 742.524 (1)(a). [Formerly 743.812; 1993 c.265 §1]

      742.529 Payment based on incorrect determination of responsibility; notice; repayment. If personal injury protection benefits are paid based on information that appeared to establish proof of loss and the insurer paying the benefits later determines the insurer was not responsible for the payment, the insurer shall give notice and explanation to the provider that the payment was incorrectly issued. Immediately after receiving the notice and explanation the provider shall promptly repay the insurer. [2007 c.692 §3]

      Note: 742.529 was added to and made a part of 742.518 to 742.542 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

      742.530 Exclusions from coverage. (1) The insurer may exclude from the coverage for personal injury protection benefits any injured person who:

      (a) Intentionally causes self-injury;

      (b) Is participating in any prearranged or organized racing or speed contest or practice or preparation for any such contest; or

      (c) Willfully conceals or misrepresents any material fact in connection with a claim for personal injury protection benefits.

      (2) The insurer may exclude from the coverage for the benefits required by ORS 742.524 (1)(b) and (c) any person injured as a pedestrian in an accident outside this state, other than the insured person or a member of that person’s family residing in the same household. [Formerly 743.815; 2005 c.341 §2]

      742.532 Benefits may be more favorable than those required by ORS 742.520, 742.524 and 742.530. Nothing in ORS 742.518 to 742.542 is intended to prevent an insurer from providing more favorable benefits than the personal injury protection benefits described in ORS 742.520, 742.524 and 742.530. [Formerly 743.820]

      742.534 Reimbursement of other insurers paying benefits; arbitrating issues of liability and amount of reimbursement. (1) Except as provided in ORS 742.544, every authorized motor vehicle liability insurer whose insured is or would be held legally liable for damages for injuries sustained in a motor vehicle accident by a person for whom personal injury protection benefits have been furnished by another such insurer, or for whom benefits have been furnished by an authorized health insurer, shall reimburse such other insurer for the benefits it has so furnished if it has requested such reimbursement, has not given notice as provided in ORS 742.536 that it elects recovery by lien in accordance with that section and is entitled to reimbursement under this section by the terms of its policy. Reimbursement under this subsection, together with the amount paid to injured persons by the liability insurer, shall not exceed the limits of the policy issued by the insurer.

      (2) In calculating such reimbursement, the amount of benefits so furnished shall be diminished in proportion to the amount of negligence attributable to the person for whom benefits have been so furnished, and the reimbursement shall not exceed the amount of damages legally recoverable by the person.

      (3) Disputes between insurers as to such issues of liability and the amount of reimbursement required by this section shall be decided by arbitration.

      (4) Findings and awards made in such an arbitration proceeding are not admissible in any action at law or suit in equity.

      (5) If an insurer does not request reimbursement under this section for recovery of personal injury protection payments, then the insurer may only recover personal injury protection payments under the provisions of ORS 742.536 or 742.538. [Formerly 743.825; 1993 c.709 §7; 2007 c.392 §1]

      742.536 Notice of claim or legal action to insurer; insurer to elect manner of recovery of benefits furnished; lien of insurer. (1) When an authorized motor vehicle liability insurer has furnished personal injury protection benefits, or an authorized health insurer has furnished benefits, for a person injured in a motor vehicle accident, if such injured person makes claim, or institutes legal action, for damages for such injuries against any person, such injured person shall give notice of such claim or legal action to the insurer by personal service or by registered or certified mail. Service of a copy of the summons and complaint or copy of other process served in connection with such a legal action shall be sufficient notice to the insurer, in which case a return showing service of such notice shall be filed with the clerk of the court but shall not be a part of the record except to give notice.

      (2) The insurer may elect to seek reimbursement as provided in this section for benefits it has so furnished, out of any recovery under such claim or legal action, if the insurer has not been a party to an interinsurer reimbursement proceeding with respect to such benefits under ORS 742.534 and is entitled by the terms of its policy to the benefit of this section. The insurer shall give written notice of such election within 30 days from the receipt of notice or knowledge of such claim or legal action to the person making claim or instituting legal action and to the person against whom claim is made or legal action instituted, by personal service or by registered or certified mail. In the case of a legal action, a return showing service of such notice of election shall be filed with the clerk of the court but shall not be a part of the record except to give notice to the claimant and the defendant of the lien of the insurer.

      (3) If the insurer so serves such written notice of election and, where applicable, such return is so filed:

      (a) The insurer has a lien against such cause of action for benefits it has so furnished, less the proportion, not to exceed 100 percent, of expenses, costs and attorney fees incurred by the injured person in connection with the recovery that the amount of the lien before such reduction bears to the amount of the recovery.

      (b) The injured person shall include as damages in such claim or legal action the benefits so furnished by the insurer.

      (c) In the case of a legal action, the action shall be taken in the name of the injured person.

      (4) As used in this section, “makes claim” or “claim” refers to a written demand made and delivered for a specific amount of damages and which meets other requirements reasonably established by the director’s rule. [Formerly 743.828]

      742.538 Subrogation rights of insurers to certain amounts received by claimant; recovery actions against persons causing injury. If a motor vehicle liability insurer has furnished personal injury protection benefits, or a health insurer has furnished benefits, for a person injured in a motor vehicle accident, and the interinsurer reimbursement benefit of ORS 742.534 is not available under the terms of that section, and the insurer has not elected recovery by lien as provided in ORS 742.536, and is entitled by the terms of its policy to the benefit of this section:

      (1) The insurer is entitled to the proceeds of any settlement or judgment that may result from the exercise of any rights of recovery of the injured person against any person legally responsible for the accident, to the extent of such benefits furnished by the insurer less the insurer’s share of expenses, costs and attorney fees incurred by the injured person in connection with such recovery.

      (2) The injured person shall hold in trust for the benefit of the insurer all such rights of recovery which the injured person has, but only to the extent of such benefits furnished.

      (3) The injured person shall do whatever is proper to secure, and shall do nothing after loss to prejudice, such rights.

      (4) If requested in writing by the insurer, the injured person shall take, through any representative not in conflict in interest with the injured person designated by the insurer, such action as may be necessary or appropriate to recover such benefits furnished as damages from such responsible person, such action to be taken in the name of the injured person, but only to the extent of the benefits furnished by the insurer. In the event of a recovery, the insurer shall also be reimbursed out of such recovery for the injured person’s share of expenses, costs and attorney fees incurred by the insurer in connection with the recovery.

      (5) In calculating respective shares of expenses, costs and attorney fees under this section, the basis of allocation shall be the respective proportions borne to the total recovery by:

      (a) Such benefits furnished by the insurer; and

      (b) The total recovery less (a).

      (6) The injured person shall execute and deliver to the insurer such instruments and papers as may be appropriate to secure the rights and obligations of the insurer and the injured person as established by this section.

      (7) Any provisions in a motor vehicle liability insurance policy or health insurance policy giving rights to the insurer relating to subrogation or the subject matter of this section shall be construed and applied in accordance with the provisions of this section. [Formerly 743.830]

      742.540 Rules. The Director of the Department of Consumer and Business Services shall have authority to issue such rules as are reasonably necessary to carry out the purposes of ORS 742.518 to 742.542. [Formerly 743.833]

      742.542 Effect of personal injury protection benefits paid. Payment by a motor vehicle liability insurer of personal injury protection benefits for its own insured shall be applied in reduction of the amount of damages that the insured may be entitled to recover from the insurer under uninsured or underinsured motorist coverage for the same accident but may not be applied in reduction of the uninsured or underinsured motorist coverage policy limits. [Formerly 743.835; 1997 c.808 §10]

      742.544 Reimbursement for personal injury protection benefits paid. (1) A provider of personal injury protection benefits shall be reimbursed for personal injury protection payments made on behalf of any person only to the extent that the total amount of benefits paid exceeds the economic damages as defined in ORS 31.710 suffered by that person. As used in this section, “total amount of benefits” means the amount of money recovered by a person from:

      (a) Applicable underinsured motorist benefits described in ORS 742.502 (2);

      (b) Liability insurance coverage available to the person receiving the personal injury protection benefits from other parties to the accident;

      (c) Personal injury protection payments; and

      (d) Any other payments by or on behalf of the party whose fault caused the damages.

      (2) Nothing in this section requires a person to repay more than the amount of personal injury protection benefits actually received. [1993 c.709 §9]

You are invited to contact Joe Durkee today for a free consultation-
Phone 971.998.6790
E-mail kjdurkee@yahoo.com

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Oregon Personal Injury Lawyer / Attorney Web sites, including this one, provide general information but do not provide Oregon Personal Injury Attorney / Lawyer legal advice.  Consult an experienced Oregon Personal Injury lawyer / attorney who handles car collision injury,injury, bike collision injury, bicycle collision injury for Oregon Personal Injury advice about specific Oregon personal injury claims or Oregon personal injury cases.  Remember that virtually all Oregon personal injury, car injury, motorcycle injury, bike injury, bicycle injury, wrongful death and premises injury claims and lawsuits are time sensitive.  So, don't delay in seeking Oregon Personal Injury Lawyer / Attorney advice by a qualified Oregon Personal Injury Lawyer / Attorney in Oregon.  Oregon Personal Injury attorneys / lawyers are governed by the Oregon Code of Professional Responsibility.  If you have been been injured in an automobile, auto, car, bike, bicycle, motorcycle, moped, bicycle or truck related collision causing injury, consider Oregon lawyer / attorney Joe Durkee.  This web site may be considered an advertisement for services under the Oregon Code of Professional Responsibility.  Mr. Durkee is an Oregon Personal Injury attorney / lawyer handling car collision, auto collision, automobile collision, motorcycle collision, moped collision, bike and bicycle collisions in Oregon land does not seek cases outside of the State of Oregon.

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Adams, Adel, Adrian, Agness, Albany, Allegany, Aloha, Alsea, Alvadore, Amity, Antelope, Applegate, Arch Cape, Arlington, Arock, Ashland, Ashwood, Astoria, Astoria, Athena, Aumsville, Aurora, Azalea 
B
Baker City, Bandon, Banks, Bates, Bay City, Beatty, Beaver, Beavercreek, Beaverton, Bend, Blachly, Black Butte Ranch, Blodgett, Blue River, Bly, Boardman, Bonanza, Boring, Bridal Veil, Bridgeport, Brightwood, Broadbent, Brogan, Brookings-Harbor, Brookings-Harbor, Brooks, Brothers, Brownsville, Burns, Butte Falls, Buxton
C
Camas Valley, Camp Sherman, Canby, Cannon Beach, Cannon Beach, Canyon City, Canyonville, Cape Blanco, Carlton, Cascade Locks, Cascadia, Cave Junction, Cayuse, Cedar Hills, Cedar Mill, Central Point, Charleston, Chemult, Cheshire, Chiloquin, Christmas Valley, Clackamas, Clatskanie, Cloverdale, Coburg, Colton, Columbia City, Condon, Coos Bay, Coos Bay, Coquille, Corbett, Cornelius, Corvallis, Cottage Grove, Cottage Grove, Cove, Crabtree, Crane, Crater Lake, Crawfordsville, Crescent, Crescent Lake, Creswell, Crooked River Ranch, Culp Creek, Culver, Curtin
D
Dairy, Dale, Dallas, Days Creek, Dayton, Dayville, Deadwood, Deer Island, Depoe Bay, Detroit, Dexter, Diamond, Diamond Lake, Dillard, Donald, Dorena, Drain, Drewsey, Dufur, Dundee, Durham, Durkee
E
Eagle Creek, Eagle Point, Eastside, Echo, Eddyville, Elgin, Elkton, Elmira, Enterprise, Estacada, Eugene
F
Fairview, Fall Creek, Falls City, Fields, Florence, Florence, Forest Grove, Fort Klamath, Fort Rock, Fossil, Foster, Fox, Frenchglen,
G
Gales Creek, Gardiner, Garibaldi, Gaston, Gates, Gearhart, Gervais, Gilchrist, Gladstone, Glendale, Gleneden Beach, Glide, Gold Beach, Gold Beach, Gold Hill, Government Camp, Grand Ronde, Grants Pass, Grass Valley, Gresham
H
Haines, Halfway , Halsey, Hammond, Happy Valley, Harbor, Harper, Harrisburg, Hebo, Helix, Heppner, Hereford, Hermiston, Hillsboro, Hines, Hood River, Hubbard, Huntington,
I
Idanha, Idleyld Park, Imbler, Imnaha, Independence, Ione, Ironside, Irrigon
J
Jacksonville, Jamieson, Jasper, Jefferson, John Day, Jordan Valley, Joseph, Junction City, Juntura
K
Keizer, Keno, Kent  Kerby, Kimberly, King City, Klamath Falls
L
La Grande, La Pine, Lafayette, Lake Oswego, Lakeside, Lakeview, Langlois, Lawen, Leaburg, Lebanon, Lexington, Lincoln City, Lincoln City, Logsden, Long Creek, Lorane, Lostine, Lowell, Lyons
M
Madras, Malin, Manzanita, Mapleton, Marcola, Marion, Marylhurst, Maupin, McKenzie River Valley, McMinnville, Meacham, Medford, Mehama, Merlin, Merrill, Midland, Mill City, Milton-Freewater, Milwaukie, Mitchell, Molalla, Monitor, Monmouth, Monroe, Monument, Moro, Mosier, Mount Angel, Mount Hood, Mount Hood Parkdale, Mount Vernon, Mulino, Murphy, Myrtle Creek, Myrtle Point
N
Nehalem, Neotsu, Neskowin, Netarts, New Pine Creek, Newberg, Newport, Newport, North Bend, North Plains, North Powder, Norway, Noti, Nyssa
O
Oak Grove, Oakland, Oakridge, O'Brien, Oceanside, Odell, Ontario, Ophir, Oregon City, Oretech, Otis, Otter Rock, Oxbow
P
Pacific City,  Paisley, Paulina, Pendleton, Philomath, Phoenix, Pilot Rock, Pistol River, Pleasant Hill, Plush, Port Astoria, Port Orford, Portland, Post, Powell Butte, Powers, Prairie City, Princeton, Prineville, Prospect
R
Rainier, Redmond, Reedsport, Remote, Rhododendron, Richland, Rickreall, Riddle, Riley, Ritter, Riverside, Rockaway Beach, Rockaway Beach, Rogue River, Rose Lodge, Roseburg, Rowena, Rufus
S
Saginaw, Saint Benedict, Saint Helens, Saint Paul, Salem, Salem, Salem, Sandy, Sauvie's Island, Scappoose,  Scholls, Scio, Scotts Mills, Scottsburg, Seal Rock, Seaside, Seaside, Selma, Seneca, Shady Cove, Shaniko, Shedd, Sheridan, Sherwood, Siletz, Silver Lake, Silverton, Sisters, Sixes, South Beach, Sprague River, Spray, Springfield, Stanfield, Stayton, Sublimity, Summer Lake, Summerville, Sumpter, Sunriver, Sutherlin, Sweet Home, Swisshome
T
Talent, Tangent, Tenmile, Terrebonne, The Dalles, Thurston, Tidewater, Tigard, Tillamook, Tillamook, Tiller, Timber, Timberline Lodge, Toledo, Tolovana Park, Trail, Troutdale, Tualatin, Turner, Tygh Valley
U
Ukiah, Umatilla, Umpqua, Union, Unity
V
Vale, Veneta, Vernonia, Vida
W
Waldport, Wallowa, Walterville, Walton, Wamic, Warm Springs, Warren, Warrenton, Wasco, Wedderburn, Welches, West Linn, West Main, West Stayton, Westfall, Westfir, Westlake, Weston, Westport, Wheeler, White City, Wilbur, Wilderville, Willamina, Williams, Wilsonville, Winchester, Winchester Bay, Winston, Wolf Creek, Woodburn
Y
Yachats, Yamhill, Yoncalla

Additional Oregon Personal Injury Lawyer/Attorney/Law Words , Cars, autos, bikes, bicycles, motorcycles,Vehicles, collisions, moped, motorcycles, car, head-on collision, auto collisions, fatal, truck, motor vehicle, ATVs, amputee, amputated, paralyzed, paralysis, quadriplegic,  Additional Services/site content:  attorney, wrongful death claims, Oregon personal injury lawyer attorney / lawyer, collision attorney, oregon personal injury, collision attorney, maritime oregon, attorney injury maritime, collision attorney boating , truck collision attorney, collision attorney construction , wrongful death attorney, car collision attorney oregon, auto collision attorney , fatal, settlement, settlements, report, claim, motorcycle collision attorney oregon, wrongful death, airplane crash, boating, boats, jet-ski, wave runner, river, vessel, ships, sailor, seaman, seamen, seaman, longshoreman, Medford, Central Oregon Attorney at Law, Columbia River, boat, Willamette River, Interstate, Road, Street, Rail Line, I-5, Interstate 84, Highway 99, lawsuit, quadriplegic, paraplegic, wheel chair, severed spinal cord, ATV, ATV's, collide, collision, motor boat, boating, oregon personal injury.  Attorney Practice Areas: Oregon Personal Injury, Vehicle collisions, Automobile, Motorcycle, Bicycle, Truck, Bus, Light Rail, Scooter, ATV - All Terrain, Snowmobiles, Vehicular Assaults, Drunk Driving Victims, Wrongful Death, Negligence, Dog Bites, Premises Liability. Serving the following Oregon cities: Portland, Salem, Eugene, Beaverton, Hillsboro, Medford, Bend, Springfield, Albany, Aloha, Corvallis, Keizer, Grants Pass, Lake Oswego, McMinnville, Milwaukie, Oregon City, Roseburg, Tigard, Tualatin, West Linn, Woodburn, Troutdale, St. Helens, Vernonia, Yamhill, Hood River, The Dalles, Gresham, Ontario, Astoria, Seaside, Umatilla, Cottage Grove, Monmouth, Lincoln City, Central Oregon, Eastern Oregon, Southern Oregon, Oregon Coast, Multnomah County, Washington County, Clackamas County, Yamhill County, Columbia County, Hood River County, Wasco County, Marion County, Linn County, Lane County, Josephine County, Jackson County, Douglas County, Clatsop County, Tillamook County, Pendleton.