The Oregon Legislature has made significant changes to the rules governing auto insurance. . .the impact of these changes could be life-altering.
"Underinsured motorist" coverage is an important part of any auto insurance policy. If you are seriously injured through the fault of another driver, and their liability insurance is inadequate to cover your damages, your own UIM policy takes over. However, under current law, your UIM will only pay to the extent that your purchased coverage exceeds the coverage of the at fault driver. In other words, if the other driver has $25,000 in coverage, and your UIM policy likewise provides $25,000, your policy pays nothing. This counter-intuitive result has finally been changed. Under the new law, using the above example, the injured driver's UIM policy would be available to compensate for damages over $25,000. The UIM coverage will "stack" on top of the at-fault driver's coverage, making $50,000 available. For someone facing medical bills and lost wages resulting from a serious accident, this will make a big difference.
PIP, or "personal injury protection," is Oregon's version of "no fault" auto coverage, and is a mandatory part of all auto policies in the state. If you are injured in an accident, your own PIP coverage takes care of the initial medical bills and wage loss, regardless of who is at fault. If the other driver is later deemed responsible for your injuries, your insurance company is entitled to reimbursement from whatever settlement you eventually recover. This reduces the amount of money available to the injured person. Under current law, PIP reimbursement is not available until all the injured driver's economic damages are compensated. Unfortunately, non-economic damages are often a big part of an auto accident claim, but PIP is reimbursed before non-economics are paid. Under the new law, there will be no PIP reimbursement until ALL the injured person's damages are taken into account. This will allow injured Oregonians to receive fair compensation for their injuries, and put their PIP carriers behind them in line for funds which are often inadequate to cover all their losses.
What to Do
In order to benefit from the new law, it is essential that your auto policies are either new, or renewed after January 1, 2016. It may be a good time to switch carriers altogether in the new year, as studies have shown loyal insurance customers are often penalized by that loyalty with higher rates. The changes embodied in SB 411 are to important to ignore. . .make plans to renew or get a new auto policy as close to January 1st as possible.
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.