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Ray, Lawyer
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Experience:  30 years in civil, probate, real estate, elder law
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I have an Oregon Auto insurance policy which, by statute,

Customer Question

I have an Oregon Auto insurance policy which, by statute, provides PIP coverage. The statute says that $15,000 is available for medical payments. The statute also states that $30 a day is available to be paid for non work related assistance while an injury incapacitates. Is the $30 per day part of the $15,000 and included in the total or is it in addition to the $15,000 ? PLEASE, AN OREGON ATTORNEY WITH EXPERIENCE WITH PIP COVERAGE MUST ANSWER.
Submitted: 5 months ago.
Category: Legal
Expert:  Ray replied 5 months ago.

Hi and welcome to JA. Ray here to try and help you.

Oregon law caps this at $15,000.All Oregon non-commercial auto insurance policies have no-fault Personal Injury Protection (PIP) healthcare and wage loss coverage. What this means is that if you are injured in an auto, bicycle, or pedestrian accident, your auto insurance provides a minimum of one year and $15,000 in no-fault medical coverage. In addition to medical coverage, your personal injury protection insurance provides wage loss coverage.

This is an all inclusive cap here, any payments for non work related assistance, medical, or lost wages all count towards the cap/.

Reference

http://www.oregoninsurancelaw.com/oregon_pip_law.htm

The policy limits of $15k are stated within your policy and any claims paid under PIP count against the limits.

Expert:  Ray replied 5 months ago.

Oregon law

§ 742.520¹

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 persons 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 insureds own, passengers occupying the insured motor vehicle and pedestrians struck by the insured motor vehicle.

(2) Personal injury protection benefits apply to a persons injury or death resulting:

(a) In the case of the person insured under the policy and members of that persons 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 persons 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 persons 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 (Contents of personal injury protection benefits).

(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 (Conditions applicable to arbitration proceedings).

(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

I appreciate the chance to help you today.Thanks again.Please let me know if you have more followup.

Expert:  Ray replied 5 months ago.

ORS 742.524(1)

Contents of PIP Benefits

Medical Payments

-

$15,000 per person, up to one

year

Wage Loss

70% of income, up to $3,000/month

How to calculate wage loss if self-employed

Possibility of stacking

–Essential Services

–up to $30/day–

Funeral Expenses

–up to $5,000–

Child Care–up to $25/day

Great presentation here for Oregon lawyers that sets all of this out..

http://www.damorelaw.com/wp-content/uploads/2012/11/PIP-Coverage-and-Disputes.pdf

Bot***** *****ne anything thats paid under PIP counts against the $15k here limit.

Expert:  Ray replied 5 months ago.

It covers all of the occupants of the car. It also covers you if you are a pedestrian or a cyclist. If you do not have personal injury protection but are a pedestrian or cyclist hit by a car, the driver’s personal injury protection covers you.

Summary of whats covered

Medical expenses: Personal injury protection is required to pay reasonable medical expenses for up to one year and $15,000 ($15,000 is the minimum, a few people have higher limits).

Wage loss: Personal injury protection is required to pay wage loss after you are out of work for 14 consecutive days as a result of your injuries. This amount is up to 70% of your lost wages with a maximum of $3,000 per month. This wage loss continues up to 52 weeks, so it may extend past the one year medical coverage.

Loss of Services: Expenses incurred for essential household services that you would normally have done yourself but cannot do because of your injuries. This only applies to people who would not otherwise have been working. This is limited to $30 per day.

Funeral expenses: Personal injury protection insurance will pay funeral expenses of up to $5,000.

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