insurance company

How Passengers injured in an Oregon Crash Can Navigate Insurance to Get Bills Paid

Insurance issues can be complex for people to navigate. They become more complicated when dealing with passengers involved in a car crash or motor vehicle crash. Typically, passengers injured in motor vehicle crashes are focused on getting their medical bills paid first.

Every motor vehicle insurance policy issued in Oregon provides a minimum of $15,000.00 coverage to pay reasonable and necessary crash-related medical bills. Additionally, PIP policies can pay for lost wages and other benefits. The issue with passengers is which insurance policy pays first, and can the injured person use multiple insurance policies?

In Oregon, Personal Injury Protection (PIP) policies can stack, meaning multiple policies may apply to a single accident, especially when medical bills exceed $15,000 within two years. Under ORS 742.526, the law outlines a clear order of which policy pays first when more than one is available:

  1. Primary Coverage: The PIP policy on the vehicle involved in the accident is the first to provide benefits, covering the driver and any passengers. In other words, the vehicle the passenger was riding in will provide coverage first.

  2. Secondary Coverage: If the injured passenger has their own PIP policy (from a different vehicle they own), it can provide additional coverage once the primary policy is exhausted.

  3. Tertiary Coverage: If the injured person lives with a family member who has a PIP policy on another vehicle, that policy may also apply after the first two are maxed out.

This stacking structure ensures that injured parties may access all available coverage options in a tiered manner, offering added financial protection in serious accidents.

Insurance issues are never easy to navigate, and Oregon personal injury lawyers such as Jeremiah Ross work to relieve the stress from dealing with insurers. If you or someone you know has been injured in an Oregon car crash, please call Ross Law at 503.224.1658 for your free personal injury consultation.

Please remember this blog is for informational purposes only. Please do not solely rely on this post and consult with a lawyer and the law. Please remember the law is constantly changing.

Senate Grills Insurance Industry for Putting Profits Over People

When large corporations or government institutions fail everyday people—whether through negligence, bureaucracy, or outright denial of responsibility—Ross Law steps in to fight back. Ross Law and Jeremiah Ross have fought against institutional systemic failures for over a decade. Jeremiah Ross has even been featured in the news for his efforts in fighting insurance corporations’ failures. Now, politicians appear to be attempting to address America’s flawed insurance system that has put people over profits.

In a recent tense and highly charged Senate hearing, the ranking member, Senator Josh Hawley (R-Mo.), and others took aim at top insurance executives from Allstate and State Farm for allegedly cutting disaster-related insurance payouts, leaving countless American families struggling after hurricanes, wildfires, and other catastrophic events.

The Senate Homeland Security subcommittee on disaster management grilled executives from Allstate and State Farm. Senators expressed outrage over what was described as systemic failures to support policyholders during times of crisis.

“We’re talking about moms hauling water because pipes are gone, grandparents sleeping in cars, and families maxing out credit cards because their insurance companies won’t pay out,” Hawley said in his opening remarks.

A Spotlight on Real-Life Struggles

The hearing included powerful testimony from whistleblowers and affected homeowners, including Natalia Migal of Georgia. She recounted her experience with Allstate after a massive oak tree collapsed her home’s roof. While an initial adjuster confirmed a significant loss, Migal claimed the insurance company replaced that adjuster with one who minimized the damage. Ultimately, Allstate offered a payout of less than $100,000, despite her independent assessment valuing the damages at nearly $500,000.

The Insurance Companies Response

Mike Fiato, Allstate’s vice president and chief claims officer, defended the company’s actions, highlighting the insurer’s vast operation—23,000 claims professionals serving 8.4 million claims annually—and its $37 billion payout in 2024, including $4.6 billion for 132 disasters.

Fiato insisted that Allstate covered all structural damages in Migal’s case, stating the main dispute was over cosmetic damage. He also emphasized the industry’s heavy regulation by state insurance commissioners.

State Farm’s Operation Officer Michael Keating, avowed that State Farm was made up of “people” and they make mistakes. Keating stated that State Farm will do what it can to address the mismanaged claims that were discussed at the hearing. He claims that State Farm is focused on the long term interest of the policy holders and not profits.

But Senator Hawley was unconvinced.

“It sounds to me like you’re running a system of institutionalized fraud,” Hawley declared, citing sworn testimony from former Allstate adjusters who alleged they were pressured to alter reports and downplay damage estimates.

A Battle Over Trust

Hawley didn't mince words when challenging Allstate’s corporate ethics. Referring to the company’s motto, he quipped:

“You should change your slogan from ‘Our customers’ worst day needs to be our best’ to ‘Our customers’ worst day is our big profit opportunity.’”

He also criticized Allstate CEO Tom Wilson’s $26 million compensation package in 2024, contrasting it with the struggles of homeowners like Migal still waiting for fair settlements.

Allstate responded with a statement asserting that it serves one in 10 U.S. households and has paid over $20 billion in weather-related claims in the past five years.

Looking Ahead

This hearing signals bi-partisan growing scrutiny of the insurance industry’s role in claims handling—and the accountability gap many Americans feel when navigating claims processes after life-altering events. Insurance Companies in Oregon rarely face accountability, because in Oregon there is not a statute with any real consequences that will address “bad faith” when an insurance company wrongfully denies a claim. Currently Oregon Lawyers, such as Jeremiah Ross, have to rely on court decisions to force Insurance Companies to do the right thing and accept coverage for losses. Oregon’s remedies are not sufficeint to ensure that Insurers do not take advantage of Oregonians in their most vulnerable times. It is hopeful current legislation in the Oregon House passes and that there is Federal Law to prevent insrurers putting profits over people.

If you or someone you know has been subjected to an unfair insurance denial in your automobile crash case or homeowners insurance claim please contact an Oregon insurance lawyer, such as Jeremiah Ross, at 503.224.1658. Ross Law has represented numerous clients in insurance denial claims with great success. However, please remember that each case is different and Jeremiah Ross cannot guarantee any outcome.



What Do You Do if Your Oregon Auto Insurer Improperly Denies or Delays Your Claim?

In the realm of insurance, the relationship between policyholders and insurance companies is founded on trust. Policyholders expect their insurers to act in good faith, promptly handling claims and providing the coverage promised in their policies. However, what happens when this trust is violated? In Oregon insurance bad faith can leave individuals grappling with denied claims, delayed payments, and unfair treatment.

One area where this often comes to the forefront is when an insurer unlawfully denies or cuts off personal injury protection (PIP) benefits. This usually occurs when there is a “file review” or an “insurance medical exam” by a medical provider that is hired by the insurer and concludes future medical treatment is not necessary or related to the crash. Bad faith conduct also arises when the insurer does not process bills in time or the insurer makes your medical providers jump through unnecessary hoops. This may result in teh providers passing the bills on to you.

What is Insurance Bad Faith?

Insurance bad faith occurs when an insurance company fails to uphold its contractual obligations to its policyholders. This can manifest in various forms, including unjustified claim denials, unreasonable delays in claim processing, inadequate investigations, and deceptive practices. When an insurer acts in bad faith, it undermines the fundamental purpose of insurance, which is to provide financial protection and peace of mind to policyholders in times of need. In Oregon bad faith is written into the law in the Unfair Claims Settlement Practices Act found in ORS 746.230. The recent court decision in Moody v. Federal Insurance Company, has provided persons insured by an Oregon policy a legal remedy to obtain financial compensation when an insurer violates Oregon’s Unfair Claims Settlement Practices Act.

Understanding Personal Injury Protection (PIP) Benefits

Personal Injury Protection (PIP) is a type of coverage that is mandated in some states, including Oregon, as part of auto insurance policies. PIP benefits are designed to provide prompt payment for medical expenses and lost wages resulting from injuries sustained in a car accident, regardless of who was at fault. In Oregon, drivers are required to carry a minimum of $15,000.00 of PIP coverage that pays crash related medical expenses as part of their auto insurance policies.

The Tools Insurance Companies Use to Wrongfully Deny PIP Benefits:

While PIP coverage is intended to provide swift and efficient compensation for accident-related injuries, navigating the claims process can sometimes be fraught with challenges. Insurance companies may engage in tactics aimed at minimizing their financial exposure, including:

  1. Unjustified Claim Denials: Insurers may wrongfully deny valid PIP claims, citing vague policy language or alleging that the injuries are not covered under the policy.

  2. Delaying Claim Processing: Delays in processing PIP claims can exacerbate financial strain for injured individuals who rely on timely reimbursement for medical expenses and lost wages.

  3. Undervaluing Claims: Insurance companies may offer settlements that do not adequately compensate injured parties for their medical costs, lost income, and pain and suffering.

  4. Inadequate Investigations: Insurers have a duty to conduct thorough and fair investigations into PIP claims. However, they may cut corners or overlook crucial evidence to justify denying or undervaluing claims.

Protecting Your Rights

If you believe that your insurer is acting in bad faith regarding your PIP claim, it is essential to take proactive steps to protect your rights:

  1. Document Everything: Keep detailed records of all communication with your insurance company, including emails, letters, and phone calls. Document your medical expenses, treatments, and any correspondence related to your claim.

  2. Know Your Policy: Familiarize yourself with the terms and conditions of your insurance policy, including the extent of your PIP coverage and any limitations or exclusions that may apply.

  3. Seek Legal Guidance: If you encounter difficulties with your PIP claim, consider consulting with an experienced personal injury attorney, such as Jeremiah Ross, who can advocate on your behalf. Ross Law can review your case, negotiate with the insurance company, and, if necessary, pursue legal action to enforce your rights.

Conclusion

Insurance bad faith can have devastating consequences for individuals seeking compensation for injuries sustained in car accidents. Understanding your rights under Oregon's PIP coverage and recognizing the signs of insurer misconduct are crucial steps in safeguarding your interests. By staying informed, documenting your expenses, and seeking legal guidance when needed, you can assert your rights and pursue fair treatment from your insurance company. Remember, you deserve prompt and equitable compensation for your injuries, and insurance bad faith should never stand in the way of justice.

Please remember this blog post is for informational purposes only and is not considered to be legal advice. Please contact an Oregon Personal Injury lawyer such as Jeremiah Ross at 503.224.1658 to discuss your insurance denial. Please remember the law is constanty changing, and this blog post is not updated regularly.

Is There a Deadline To File An Injury “Claim” in a Vehicle or Bike Crash?

The Only Deadline with the Bad Driver and their insurer is The Statute of Limitations: Insurance companies will try many things to expedite your claim and force you to settle short. They want to provide you with the least amount of money possible for your injuries and avoid the prospect of you having a costly permanent injury.

This is especially true in “soft tissue” damage cases. For example, if you settle for $1,500.00 a week after the crash and then find out you need back surgery a couple of months later because the crash herniated a disc, then you usually cannot come back and demand more money from the bad driver’s insurer because you settled your claim for $1,500.00.

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

The insurer’s Stop Watch is Not Always Operating the Same Speed as the Court’s Statute of Limitations

One way insurers try and pay minimal value for the claim is trying to rush you to settle. They will threaten to “close your claim” if you don’t settle that day. The bad driver’s insurance adjuster will say it in a manner that makes you think you can’t re-open the claim later. They may send letters noting the statute of limitations, but they will act differently on the phone. All you have to remember when dealing with the bad driver’s insurer is The only real deadline with respect to your Oregon bodily injury claim against the bad driver is the 2-year statute of limitations. See ORS 12.110(1) (2018) for specific language.

If you have any questions reading the statute of limitations or need more information regarding dealing with an insurance company please call Portland Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX represents people involved in car crashes and insurance disputes throughout Multnomah County, Clackamas County, Washington County, Columbia County, Umatilla County, Clatsop County, and throughout the state of Oregon.

Please refer to the law or contact an attorney and do not solely rely on this post. The statute of limitations is a BIG DEAL and you must be very clear on that issue if you intend on pursuing a claim for compensation against the driver. Please note uninsured motorist claims, Dram Shop Claims, Claims Against Public Bodies (Federal, State, County, and City), under-insured motorist claims may all have different statutes of limitations. This post may be considered personal injury lawyer advertising.