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.

Do You Have to Give The Insurance Company A Recorded Statement After A Car Crash?

I often get calls from people that have been in  Oregon Car Crashes and asking if they need to return the insurance companies phone calls.   Insurance Companies hire people to take a "recorded statement" as soon as possible to lock you into your story.   These insurance company employees are typically friendly and persistent, but don't be fooled by their demeanor.  The insurance company employee is trying to get a statement to benefit the insurance company, not you.   There is not a clear answer of whether or not you have to give a recorded statement, because it depends on the insurance company that is calling you.  I'll explain that below.

In a typical car crash there are at least two cars involved.  We will call one car the "Bad Driver" and the other car is the "Good Driver."  Both the good driver and the bad driver are legally required to have insurance.   For the purposes of this example lets say Bad Driver has an insurance policy with Greedy Insurance Inc.  The Good Driver has an Oregon insurance policy with  Lizard Insurance Company.  Bad Driver crashes into Good Driver's car and injures Good Driver.

Good Driver notifies her insurance, Lizard Insurance, of the crash. Good driver makes a claim with Lizard Insurance for her "Personal Injury Protection Benefits."  to get her medical bills paid under her PIP policy.  Lizard Insurance then calls and asks for a statement under oath.   Oregon Law  provides authority for Good Driver's Insurance, Lizard, to take a recorded statement from the good driver.  Also, Good Driver has an obligation to cooperate with her insurance company under the Good Driver's insurance policy.  

However, things change if the Bad Driver's insurance company, Greedy Insurance Co., calls.  Greedy Insurance Co. does not have a relationship with Good Driver, so she has no obligation to speak with Greedy Insurance Co.   Good Driver does not need to return Greedy Insurance Company's calls, or give a statement to them.  Good driver has no obligation to provide Greedy Insurance Company any information.   Good driver only needs to cooperate with her insurance company, Lizard Insurance. 

Things get confusing with Bad Driver and Good Driver both have Oregon Insurance Policies with the same insurance companies.  You should call me at 503.224.1658 if you are unclear if you should be giving a recorded statement to the insurance company.  

Why Does It Matter If I Give a Recorded Statement to the Insurance Company?   Any information you provide to the insurance company will be used to benefit the insurance company, not you.  They will attempt to use your words against you in an effort to deny any claim you may have.  The insurance company has trained employees that may attempt to minimize your injuries.  For example, if they call the day after the crash and ask how you are doing and you say "fine."  The insurance company may use that statement that you are "fine" to deny any compensation for a crash related injury.  In short, these statements can be used to kill any personal injury case you may have. If you are not required to give a statement, then do not give the statement.  If you are unclear if you are required to give a statement call me at 503.224.1658 for a free personal injury consultation.

Please call a Personal Injury Attorney if you have questions about whether or not you need to give a recorded statement.  Call Ross Law LLC at 503.224.1658 for your free personal injury consultation.  Jeremiah Ross is happy to chat with people about their personal injury cases and any issues they may be having with insurance companies. 

This post is not intended to be "legal advice."  PLEASE CALL an Oregon Personal Injury ATTORNEY to discuss the issues brought up in this post.  THIS POST, other blog posts, this web-site, may be considered ATTORNEY ADVERTISING!