personal injury protection

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.

2019 Was An Incredible Year for Ross Law's Clients!

2019 was an amazing year for Ross Law and our Clients! Ross Law worked tirelessly to assist Oregonians to obtain maximum compensation for their Personal Injury cases, wrongful death cases, crime victim cases, insurance disputes, and consumer cases.

Below is a rundown on some of the results from 2019:

  • $2,225,000.00 Jury Trial Verdict where Jeremiah Ross co-counseled a two-week medical malpractice & Patient Safety case with another attorney against one of Oregon’s top medical malpractice defense law firms. Click HERE for more information on that case.

  • Significant Settlement in Case Against DHS and others in a case where our young client was abused and neglected while she was in the legal custody of the Department of Human Services. Click HERE for more information on the lawsuit against Oregon’s DHS & CPS.

  • Confidential Settlement in Wrongful Death Case against a mental health provider whose negligence resulted in a schizophrenic’s suicide;

  • Confidential Settlement received in a civil domestic violence case against an abuser. Ross Law represented a young survivor of domestic violence and filed a lawsuit against the abuser after he was convicted of his crimes in criminal court. As a crime victim’s lawyer, Ross Law fought tirelessly to cut through very complex legal issues to ensure the victim received compensation to regain the power and control of her life.

  • $100,000.00 settlement for Ross Law’s client who was backed over by a vehicle while she was urinating behind the vehicle due to her intoxication. The bad driver’s insurance company denied any liability until Jeremiah Ross litigated the matter.

  • Insurance Benefits obtained for a client who the insurer denied personal injury protection benefits to a cyclist who was thrown into a car at a stop sign. The stopped vehicle’s insurer denied benefits based on its interpretation of the law that the cyclist had to be “struck by” the vehicle. The judge ordered the Insurance Company to pay the cyclist $15,000.00 in denied insurance benefits and the cyclist’s costs and attorney fees. Click HERE for more information on that case.

  • Insurance Benefits obtained for a client who was wrongfully denied Personal Injury Protection benefits from USAA and Auto Injury Solutions. The judge ordered USAA to pay the outstanding benefits and our client’s costs and attorney fees. Click HERE for more information on that case.

  • Numerous favorable Settlements in Lemon Law and Auto Dealership Fraud Cases. These settlements included cash that was paid directly to our clients by the dealership, buy-backs of vehicles, unwinding car deals, and the dealership or auto manufacturers paid Ross Law’s consumer client’s costs and attorney fees.

There were many other amazing results for or clients! Please remember that results for all clients will vary. Each case is different. Some cases are better than others. If you, or someone you know, needs a personal injury lawyer, wrongful death lawyer, crime victim’s lawyer, or consumer lawyer please call Ross Law at 503.224.1658.

Ross Law Is Open!

It has been a crazy couple of weeks. COVID-19 was an unknown term three weeks ago, now we are working to “flatten the curve” by staying home and social distancing in an effort to slow the spread of this virus. Here at Ross Law we are working hard to continue to provide exceptional client services while working remotely. Personal Injury case, Insurance Disputes, and Crime Victim case evaluations and meetings will now be by phone and email. Consumer consultations and auto fraud case evaluations will also occur on the telephone and email. This is less than ideal, but we are adapting as this situation unfolds.

Things may take a little longer because insurance companies and medical providers take longer to process claims and get us records, but we will keep moving forward. Please contact Ross Law at 503.224.1658 to discuss your personal injury case, insurance denial, consumer or auto fraud case. Oregon Personal Injury and Consumer lawyer Jeremiah Ross is happy to assist Oregonians during these difficult times.

Can Cyclists Get PIP Insurance Coverage if They Are Thrown Into a Stationary Vehicle?

Answer: Yes, an Oregon cyclist can get No-Fault PIP medical coverage if they are thrown into a Stationary Car waiting at a Stop Sign. See below for details.

Here at Ross Law, we are constantly fighting to ensure that insurance companies comply with the law and the terms of their insurance policies. This often results in interesting litigation where we get to geek out over what the language in the law and policies actually mean. (Click Here to Read about our USAA Dispute)

For example, we recently represented a cyclist who was hit by a car while lawfully riding his bike on the street. The impact of the crash threw the cyclist into a stationary vehicle waiting at a stoplight. State Farm insured the stationary vehicle.

The law allows cyclists to be eligible for up to $15,000.00 in no-fault PIP medical coverage in certain circumstances. Our cyclist client was eligible for PIP medical benefits, but State Farm denied our request for coverage because they claimed the law required that their insured’s vehicle is moving in order for the cyclist to be “struck by” the insured vehicle.

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We obviously had a different take on State Farm’s reading of the law. ORS 742.520(1) and (2) were enacted to ensure that Oregon’s pedestrians had no-fault PIP coverage to pay their medical bills in the event they were “struck by” a vehicle. Cyclists are considered pedestrians under Oregon’s PIP law. As a result, it was our position that in order to fulfill the legislative intent that cyclists medical bills get paid by no-fault insurance; the court had to interpret the phrase “struck by” as the forceful collision between two objects. One could be stationary or both could be moving. The court agreed with our position and granted our Motion for Summary judgment. This means that our cyclist client will be reimbursed $15,000.00 for the medical bills that he paid out of his pocket.

State Farm also likely has to pay our cyclist client’s attorney fees. That means that the cyclist will collect the entire $15,000.00. This is important as it means that the cyclist basically received free legal representation because the insurer that took an unreasonable position should have to pay his legal fees. The court will decide that issue in the near future.

State Farm may appeal the matter. If they do then we are ready to continue to fight. This was a big win. Future cyclists should benefit from our work and won’t be denied PIP benefits simply because the insured’s vehicle was not moving at the time of the crash.

If you are injured while riding your bike and are trying to get your medical bills paid after a crash with a vehicle, call Ross Law at 503.224.1658. Jeremiah Ross is a personal injury lawyer that represents cyclists throughout Oregon and is happy to provide a free personal injury and insurance case evaluation.

Please remember that all cases are different and your facts may not entitle you to PIP coverage if you were a cyclist or pedestrian that was hit by a car. Remember there is a priority of coverage issues that mean if you have PIP insurance of Health Insurance then you may not be eligible to get PIP insurance from the vehicle that struck you. Please also remember the law is constantly changing so please contact a lawyer to obtain legal advice. This post is not intended to be legal advice and is for general education purposes.


5 Things Inured Cyclists Should Know About PIP and Getting Medical Bills Paid

Ross Law often fields calls from cyclists that were injured by a negligent driver (aka the “bad driver.) Many times the injured bike rider is struggling to figure out the insurance issues and how they can, 1) recover for their lost wages, and 2) get their medical bills paid. Whether or not a person can recover for lost wages (Wage Benefits) or get their medical bills (Medical Benefits) paid largely depends on whether or not they have PIP (Personal Injury Protection) insurance available to them. If you have questions about what PIP insurance is or how much you can receive in PIP, please CLICK HERE to Ross Law’s previous article on Oregon PIP benefits. The big thing to remember about PIP is that it is “no-fault” so it applies regardless of who is at fault.

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The following should hopefully assist injured Oregon cyclists to navigate the insurance issues if they were injured in a crash with a bad driver.:

1) Does an Injured Cyclist Have PIP Insurance Coverage? Maybe. Insurance policies issued in Oregon are legally required to provide personal injury protection (PIP) coverage in certain scenarios. Generally, PIP will provide coverage for a cyclist that is injured in a crash with a bad driver. However, it is not that simple. It also becomes a matter of priority of insurance policies. That will be discussed below.

2) If a cyclist was injured in a crash with a bad driver, does the injured cyclist’s PIP Pay for lost wages and medical bills? Probably. Under Oregon law the injured cyclist’s own PIP insurance from the cyclists’s auto policy will pay first. If the injured cyclist does not have their own Oregon Auto Insurance Policy then the injured cyclist’s health insurance should typically pay. Lastly, if the injured cyclist does not have an Oregon Auto Insurance Policy or health insurance then PIP coverage can be obtained through the bad driver’s Oregon Auto Insurance Policy.

3) Can an injured cyclist get PIP benefits if they do not have their own Oregon Auto Insurance Policy? Maybe. It is very common for an injured cyclist to not have their own auto insurance policy. As a result, they may think that they do not have access to PIP benefits. An injured cyclist may be able to get PIP insurance coverage through a resident relative or through a ride-sharing program. If the injured cyclist has no PIP coverage of their own, then the injured cyclist can have access to the bad driver’s PIP to pay medical bills if 1) the injured cyclist does not have any health insurance coverage or 2) the injured cyclist’s health insurer does not pay the full amount of the medical bills (think co-pay expenses or out of network expenses). The bad driver’s PIP may also be responsible for paying PIP wage loss benefits if the injured cyclist cannot obtain PIP coverage of their own.

4) Why Would The Bad Driver’s Insurance Company Refuse to Pay PIP Medical Benefits to an Injured Cyclist? Usually, when the bad driver’s insurer is refusing to provide PIP coverage to an injured cyclist it is because the bad driver’s insurer is not convinced that: 1) the injured cyclist does not have PIP coverage under an Oregon Automobile Insurance Policy, or 2) the injured cyclist does not have health insurance. The bad driver’s insurer will often send out a document titled “Declaration of No Coverage” or something similar for the injured cyclist to sign. If you receive one of these documents you should immediately call a Personal Injury Lawyer to discuss it. Additionally, the bad driver’s insurer may claim that they are only paying reasonable and necessary medical expenses. They may deny payment of a bill because they claim it was not reasonable or necessary. Should that occur, please contact a Personal Injury Lawyer to discuss it.

5) How Does PIP Work if Your Health Insurance Is Paying Some Medical Expenses But Not All? Remember that if the injured cyclist does not have their own PIP insurance but they have health insurance then the health insurance becomes primary coverage over the bad driver’s PIP. As a result, the bad driver’s PIP will only pay medical expenses that are not paid by your insurance company. This can be frustrating as a practical matter because people often have to pay co-pays at the time they seek treatment. If this occurs, then the bad driver’s PIP insurer should reimburse the injured cyclist for the paid co-pay once the bad driver’s PIP insurer receives proof that it was paid. The bad driver’s PIP will usually send a check directly to the injured cyclist a couple of weeks it receives proof of payment (aka proof of loss.)

If you or someone you know were a cyclist injured in a crash with a bad driver, please call Oregon Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Jeremiah Ross has represented injured cyclists for years and is happy to provide a free case evaluation. Jeremiah Ross has also successfully sued numerous insurance companies for failing to provide Personal Injury Protection benefits to injured Oregonians. Pleae remember the law is constantly changing and this blog article is for information only. Please contact a personal injury lawyer if you have questions, comments, or concerns. Do not rely solely on this post.