5 Things To Know Before Communicating With Insurance Companies After a Crash

Car crashes are terrible and frustrating experiences. Insurance companies do not make that any easier for folks. Insurers are always demanding more information to “evaluate” the claim and want you to fill out mountains of forms, provide sensitive information, and give recorded statements. It can be confusing for the injured person who is trying to juggle their daily life with the added stress of crash-related injuries and the maddening information request from the Insurance Companies. Insurance Companies exploit this chaotic period by requesting information and claiming that they “have to have it.” Sometimes this is true, while other times it is not. Below are some tips that a person injured in a car crash or bike crash with a bad driver (the person that caused the crash) should know:

1. You Do Not Have to Give A Recorded Statement to the Bad Driver’s Insurance Company: You do not have to communicate with the bad driver’s insurance company if you do not want to. Usually, it is not a good idea to communicate with the bad driver’s insurance company because they will try and obtain information that they can and will use against you if you claim you were injured. The bad driver’s insurer may claim that you have to give a “recorded statement” that could not be further from the truth. You may communicate with the bad driver’s insurer on the property damage claim, but they won’t ask about the cause of the crash and injury. You typically have NOTHING to gain from giving a recorded statement to the Bad Driver’s insurer. They typically will look at medical records to determine the nature and extent of your injuries, and only use recorded statements as a tool to get dirt on you.

2. You Do Have to Give A Recorded Statement to Your Auto Insurance Company & PIP Insurer: People often get confused on this issue. However, just remember that you have a duty to cooperate with the company that you are paying to insure you. Virtually in every insurance policy mandates that you have to cooperate, provide information, and sign documents upon request. In Oregon, PIP Insurers (Click here for information on PIP) can even demand an Examination Under Oath (EUO). This is a formal recorded statement usually done by an insurance company lawyer. If you are facing a EUO then you should contact a personal injury lawyer ASAP. PIP insurance providers can also mandate that you appear for a medical examination. Again if this occurs you should contact a Portland personal injury lawyer ASAP. Sometimes the PIP’s Insurance Company and the Bad Driver’s Insurance Company are the same. If that occurs you should reach out to a personal injury lawyer. In any event, you should demand that the insurance company “bifurcate” the claims, so you do not have the same adjuster assigned to your PIP case and the bodily injury claim.

3. Be Prepared If You Do Give A Recorded Statement: Recorded statements are used to justify the insurance company’s lousy offer on your bodily injury claim. If they are a PIP recorded statement they are used to try and determine what is the reasonable and necessary treatment you will be receiving, any pre-existing injuries they can use to deny the crash injured you, and if there are any reasons to deny your PIP insurance claim or coverage. Questions like on a scale of 1 to 10 how is your pain right now take people off guard and is not a clear question. Which body part? Compared to who? They have other questions they will ask about your treatment. For example, both liability insurers and PIP insurers will ask specifically what type of treatment you are receiving and how often. If you say I am going to the chiropractor 2 times a week for manipulations, and then the next week you go three times in a week and have a massage, the PIP carrier may deny the extra visit per week and all the massage treatment. The liability insurer will claim the extra chiropractic visit and the massage was not related to the crash and try and blame a pre-existing condition. Both the liability and PIP adjusters will try and put words in your mouth and asks questions designed to give you a false choice designed to minimize your injuries.

4. You Do NOT Need To Sign Releases For The Bad Driver’s Insurer: The Bad driver’s insurer usually will send you forms soon after the crash. They will say that you are required to fill out forms related to Medicare and Medical Releases (HIPPA releases). They do not tell you the purpose of these forms is so that they can pull all of your medical records and scour them to search for any evidence of a pre-existing condition that they can blame for the crash-related symptoms. For example, if you had a sore neck after sleeping on it funny and mentioned that at an annual check-up 3 years before the crash; the insurance company will use that information to try and blame your neck pain on pre-existing degenerative conditions and not on the soft tissue damage caused by the crash. Additionally, if you mentioned to the doctor that you were struggling with alcohol addiction, then the bad driver’s insurer may try and claim the “emotional distress” you are suffering from the crash is actually just a symptom of your alcohol addiction. They will do this even if it is a stupid argument. However, insurers do this because they know that many people will be embarrassed if they have to discuss private things like alcoholism. Personal injury lawyers fight to ensure that only relevant medical records are produced in order to ensure the insurance companies cannot try and gain information that will be used to annoy, harass, or embarrass the defendant. Remember, if your own insurer is requesting that you sign forms for them that you have a duty to cooperate. If you have questions call Ross Law PDX at 503.224.1658.

5. You Do NOT Have to Sign the Bad Driver’s Insured’s Medicare Forms or Provide Your SSN: The bad driver’s insurance company will want you to give them your social security number right after the crash and claim it is required in every claim. That is NOT true. In fact, insurance companies will use the social security number to run you through various databases to determine if you have had any other crashes that they can blame your crash-related injuries on, or use that information to determine the amount of a settlement you may be willing to accept. Insurers also know that people without Social Security Numbers may be reluctant to pursue a claim if they have to provide an SSN. Simply by sending these forms and informing people they have to sign them, the insurance company may be able to increase their annual profits. Insurers usually claim they need the form for “Medicare” purposes. However, there are forms you can fill out to allow the insurer to notify Medicare without providing an SSN, and these forms are only necessary if there is a settlement and potential Medicare involvement. If you have questions about this please Call a Personal Injury Lawyer at Ross Law at 503.224.1658.

Please remember that situations vary and the law is constantly changing. This post is for informational purposes only and should not solely be relied upon. It is not to be considered legal advice. Please contact a Portland Personal Injury Attorney at Ross Law PDX at 503.224.1658. Jeremiah Ross is happy to provide a free personal injury case evaluation and discuss insurance issues with you.

What You Need to Know to Survive Halloween!

Almost every year Ross Law posts Halloween safety tips. However, this year we have to admit that the Madison Alabama Police Department has outdone us. I came across a great post from the Independence Oregon Police Department yesterday with useful and hilarious Halloween tips. Here are some of the highlights from the Madison Alabama Police Department’s post:

Adults:
If you want to participate in Trick or Treat…turn on your porch lights. Fire up the scary skeletons and spooky goblins!

If you do not want to participate, turn OFF porch lights and any lights on the front of your home. This is a signal to young ones that you are not serving up the goods!

If you are handing out cavity starter packs, be sure the candy is wrapped and sealed. Homemade treats are great, but will often end up in the trash after parental inspections. Consider non-food treats such a coloring books or stickers to avoid possible food allergy issues.

If you are driving through residential areas, be aware that little monsters and goblins are hyped up on sugar and may not be paying attention to cars or traffic.

Do not drop your children off in a strange neighborhood to trick or treat alone just because it looks like a safe place to get some highfalutin candy. Remember, even Jeffrey Dahmer lived in a nice neighborhood.

Do NOT Get in This Guy’s Car No Matter What Kind of Candy He Offers you!

For the Trick or Treaters:

If the porch light is OFF keep moving. This house probably has Dollar Tree candy anyway.

If you receive homemade treats, ask your parents before eating them. Not everyone washes their hands.

Use sidewalks and stay in a group. Cross streets only at crosswalks and do not cut across yards.

Carry a flashlight or wear reflective clothing. Ghosts are only cool if you can see them!

Never go in a house or enter a car to get candy or treats. It could be haunted or worse.

Trick or Treating after 9:00 pm is not cool. Go home and divvy up your loot! Tomorrow is a school day!

Click HERE to read the full post.

Please be safe out there. We want to thank Law Enforcement agencies for getting the word out and trying to keep our streets safe. If you have any questions please call Personal Injury Lawyer Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to provide free personal injury consultations. Please note that Ross Law is not affiliated with either the INdependence Police Department or the Madison Alabama Police Department.

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.

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.

Multnomah County Court Contact Information & Judge's Phone Numbers

I often have issues with finding the Multnomah County Court’s Judge’s contact information. The Court’s website doesn’t make that information easy to find and it is a “pdf” document that you have to click on. As a result of my frustration, I am hoping that people that need to contact the Multnomah County Circuit Court or a Judge, or need more information can use this post to do so.

Multnomah County Circuit Court Phone Number: 971.274.0500

2021JUDICIAL DIRECTORY FOR CIVIL AND CRIMINAL JUDGES ONLY

Address: Multnomah County Courthouse – 1200 SW 1st Ave, Portland, OR 97204

WebSite: http://courts.oregon.gov/courts/Multnomah

Court/ Chambers/ JrRm Judge (Initials) /(Assignment) Phone Judicial Assistant Clerks

13-A / 13200 Albrecht (CAA)/(Chief Criminal), 31 971-274-0680 Vanessa DeJesus Cody Linderholm

11-B / 11200 Alexander (SA) , 26 971-274-0670 Susan Hull Catharine Roner‐Reiter

13-B / 13200 Baggio (AMB), 38 971-274-0694 Donna Murdock Daniel Adla

10-D / 10200 Bergstrom (EB) / (DISP), 08 971-274-0634 Pam Burns Phoebe McHale

14-D / 14200 Bloch (EJB), 20 971-274-0658 Grace Allen Sage Ertman

10-A / 10200 Bottomly (LGB), 06 971-274-0630 Marie Brandis Arild Doerge

07-A / 07205-A Bushong (SKB)/(Presiding), 21 971-274-0660 Cheri Coe Bonnie Calhoun / Suzanne Johnson

17-C / 17200 Brown (ALB), 12 971-274-0642 Ianthe Gillock Erin Reel

15-B / 15200 Dahlin (ELD), 24 971-274-0666 Celene Campos Vacant

13-D / 13200 Dailey (KMD), 25 971-274-0668 Judi Tamura Zoe Grant

17-B/ 17200 Greenlick (MAG), 19 971-274-0656 Bruce Walker Mandie Bowers

12-D / 12200 Hodson (JBH), 03 971-274-0624 Megan Nolde Erika Schmidt

14-C / 14200 Lavin (AML), 07 971-274-0632 Lynda Zangerle Kristen Sabo

14-A / 14200 Sr. Jg. Lopez (AL), 22 971-274-0662 Jessica Morilon Elizabeth Crespo

11-C / 11200 Lucero (AFL), 11 971-274-0640 Nayeli Leonard Brittany Myall

09-D / 09200 Marshall (CJM)(Chief Civil), 05 971-274-0628 Renee Christy / Sandra Bowman Christian Huettemeyer

16-A / 16200 Matarazzo (JHM), 28 971-274-0674 Tiffany Fox vacant

08-B / 08200 Moawad (HHM), 36 971-274-0690 Sonja Lockhart Joe Keenan

09-C / 09200 Oden‐Orr (MOO), 23 971-274-0664 Jan Napier Judy Chuang

10-C / 10200 Ramras (CAR), 15 971-274-0648 Roxanne Taylor Hannah Lew

12-A / 12200 Rees (DFR), 09 971-274-0636 Deborah Spencer Madeline Mahugh

15-C / 15200 Russell (SDR), 04 971-274-0626 Vicky Chalfant Katherine London

17-A / 17200 Ryan (TMR), 18 971-274-0654 Jane Franey Michael Robb

12-B / 12200 Skye (KS), 17 971-274-0652 Shannon O’Melia Heidi Shultz

16-B / 16200 Souede (BS), 30 971-274-0678 Audra Henderson Alexander Li

16-C / 16200 Von Ter Stegge (VTS), 10 971-274-0638 Claudia Cougle Jazmyn Ortiz

15-D / 15200 Waller (NGW)/ 02 971-274-0622 Lora Farmer Travis Leatham

11-D / 11200 Vacant ()/(Family), 01 971-274-0692 Charli Brown Anthony Tran

If you need legal representation in a personal injury matter or consumer issue, please call Attorney Jeremiah Ross at 503.224.1658. Ross Law PDX is happy to represent people in Multnomah County Circuit Court. Please note that this information is valid as of 07/29/21 and it may not be the most up to date information. Please consult with the Court’s website for up to date information and information regarding Multnomah County Family Law Judges. Please note this post could be considered Attorney Advertisement and is meant for informational purposes only.

5 Things People In Car Crashes Should Know About Dealing with the Bad Driver's Insurer:

It seems each time I meet with a new potential personal injury client they express extreme frustration and anger with the insurance companies involved in their case. Most of this anger is directed towards the other driver’s insurance company. I usually refer to the other driver that caused the motor vehicle crash as the “bad driver.”

Much of the frustration and anxiety comes from the misinformation from the insurance adjusters and the insurance industry. Insurance companies have worked hard to soften their images and gain the public’s trust with cute ad campaigns and by sponsoring events. Then when it comes time for the insurance company to do the right thing and honor the terms of the policy, they quickly switch to militant penny pinchers and will use a number of well-calculated strategies necessary to save the insurance company money. Below are some tips to assist people in dealing with the “bad driver’s” insurance company that may help alleviate frustration, anger, and anxiety from dealing with the insurance industry.

1)  The Bad Driver’s Insurance Company is Usually Not Represented by a Lawyer Until a Lawsuit is Filed:  It is rare that an injured person would be contacted by the bad driver’s insurance company’s’ lawyer. Most likely the person calling on behalf of the bad driver’s insurance company is an insurance adjuster.  These adjusters sometimes like to think they are lawyers or even doctors and often try and act like lawyers. In reality, many adjusters have little formal relevant education and rely on internal policies and spoonfed information generated by computers to assist them with their job of paying the bare minimum on every claim. They will refer to injuries as if they are highly knowledgeable about specific injuries. However, most adjusters do not have any formal medical education and are parroting what was learned in insurance industry seminars.  This is important to remember, so you are not intimidated by them.

2) There is NO requirement that an injured person speaks to the bad driver’s insurance company adjuster or lawyer. For more information on insurance company phone calls read my blog article.  

3) You Do NOT Need to Fill Out Forms or Provide Your Social Security Number to the Bad Driver’s Insurer: The bad driver’s insurer’s goal is to get away with paying the minimum amount of money to compensate you for your injuries. That is how they stay in business. To do this they are going to look for all sorts of dirt and information that they can use to diminish the value of your claim. For example, they are going to request that you sign a “medical release” to allow them to get your medical records. They may claim they need these records to evaluate the claim. This is true, but you can get them fromi the medical provider, review them for relevant records, and then provide them directly to the bad driver’s adjuster.

By signing the “medical release” you give the adjuster the authority to get all of your medical records and sometimes your mental health counseling records. Adjusters will use these records to attempt to find other plausible explanations for your injuries or symptoms. For example, if you went to the chiropractor 2 years before the crash, the bad driver’s insurance adjuster may obtain those records to claim that the current crash is not the cause of your injured back because the records from two years ago say you had a “sore back.” They may also obtain records to make you feel uncomfortable with being involved in the claim. For example, if your medical records describe an incident from a night you wish you forgot, then that inference that other people might learn about that night may be enough for you to accept less to settle your claim. They may want a release to obtain your employment information and claim they need it to evaluate a “wage loss claim.” However, that release will allow them to have access to your entire file and the sensitive information contained therein. The Bad Driver’s Insurance company will also claim that they need your social security number to process the claim or they will get in trouble with Medicare. The medicare issue is only partially true. The SSN is key for the bad driver’s insurer to run you through their computer databases to determine if you have prior insurance claims or crashes. This is more information they can use to devalue your claim. If you may be medicare eligible then you will likely need to either fill out a medicare form regarding your identity or provide the ssn when the case resolves. I usually tell the bad driver’s insurer that they can have my client’s information when I get the settlement check. If you have questions about this call a personal injury lawyer at 503.224.1658.

4) YOU Control Your Case Against the Bad Driver, NOT the Bad Driver’s Insurer:   I regularly hear people complain that the bad driver’s insurance company is going to “close their case” if they do not communicate with the adjuster or accept an offer to settle the case against the bad driver. People get concerned that if the bad driver’s insurance company closes their file then they will not be able to be compensated for their injuries. This could not be further from the truth. Insurance adjusters speak as if many internal insurance policies are the law and will affect the claim against the bad driver. For example, they may claim you have to return their call. However, as previously mentioned that is not the law. They may also claim that if you don’t accept an offer they are going to close their file. That may be true, but you have the option of filing a lawsuit as long as it is within the statute of limitations. That will force them to reopen the file (or whatever they call that in insurance land.) The bottom line is that you control the amount of the offer you will accept, when you communicate with the bad driver’s insurance company, and if you are going to sue the bad driver if the bad driver’s insurance company won’t make a fair offer.

5) They Are Going to Play Good Cop Bad Cop and Re-Assign Adjusters: Many people get extremely frustrated because their claim with the bad driver gets bounced around from adjuster to adjuster. Usually, the bad driver’s adjusters will be nice at first and kill you with kindness. They will try and gain your trust in an effort to convince you that you should settle for pennies on the dollar. If that does not happen, they may start to ignore your calls and their tone will usually become more adversarial. Then the adjuster may try and bully you into settling. If that does not occur, the insurance company may transfer the case to a new adjuster who will try and start over with the same routine above. The new adjuster may even tell you the former adjuster was “new” or was terrible at their job. This again is an attempt to gain your trust with the new adjuster. The new adjuster may offer a little more money in an effort to resolve the claim. If the claim doesn’t resolve then they will continue the cycle and get grumpier and grumpier until they transfer the file. This is a good tactic the bad driver’s insurers use to grind you down. They want to wear you down and have you tired of telling the same thing over and over. They want to frustrate you and find that weak moment when you finally say, “OK, I’ll settle?”

PRO-TIP: HAVING A LAWYER CAN REDUCE YOUR STRESS IN DEALING WITH INSURANCE COMPANIES: As a personal injury lawyer I look at it as my job to alleviate my client’s stress related to their bodily injury claim. In doing so, I communicate with the bad driver’s insurance company and there is no need for the client to fill out their silly forms or be bounced around on the phone for hours. If you have more questions about your car crash case call Ross Law at 503.224.1658. Jeremiah Ross is a Personal Injury Lawyer that represents clients throughout Oregon, including the Portland Metro Region, Eugene, Pendleton, Hermiston, Astoria, Cannon Beach, Scappoose, Medford and places in between.

Please remember to call a lawyer and not rely solely on this article. Please also remember that rules in states may be different than Oregon. Also, please remember that this article is based on the experience of a personal injury lawyer, and not an insurance company insider or employee. This post could be considered ATTORNEY ADVERTISING.

Jeremiah Ross Named Super Lawyer for Oregon Personal Injury Cases!

Jeremiah Ross has been recognized as a “Super Lawyer” again for his outstanding work in Personal Injury Cases. Jeremiah Ross has been recognized by Super Lawyers for the past four years. Jeremiah Ross has received the following awards:

• 2019 Oregon Super Lawyers

• 2018 Oregon Super Lawyers

• 2017 Oregon Rising Stars

• 2016 Oregon Rising Stars

Jeremiah is honored to be rated as a “Super Lawyer” in the personal injury category by his peers. According to Superlawyers, "Super Lawyers selects attorneys using a patented multiphase selection process. Peer nominations and evaluations are combined with independent research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis. The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Since Super Lawyers is intended to be used as an aid in selecting a lawyer, we limit the lawyer ratings to those who can be hired and retained by the public, i.e., lawyers in private practice and Legal Aid attorneys."

If you would like to have a free personal injury case evaluation by Jeremiah Ross call Ross Law at 503.224.1658

Ross Law Prevails in Lawsuit Against USAA after USAA's "Deplorable" Conduct!

Another win at Ross Law PDX! Last year our client was injured in a car crash. Her insurer, USAA Casualty Insurance Company, was obligated under Oregon Law and her insurance policy to pay up to $15,000.00 of her reasonable and necessary crash related medical expenses. These are commonly referred to as PIP benefits. After a few months USAA stopped paying reasonable and necessary medical bills. USAA also ignored the law that required USAA to provide written notice of the denials to our client and our office. As a result, our client was incurring medical expenses and had no idea that USAA would refuse to pay them.

Unbeknownst to our client USAA’s vendor Auto Injury Solutions (AIS) had been recommending that USAA refuse to pay the bills. What appears to have happened was USAA’s adjuster arbitrarily set a reserve (think of this as the budget for the claim) of $5,000.00 to cover our client’s medical expenses. Once our client’s bills exceeded the $5,000 reserve, it triggered AIS to conduct further detailed review on all subsequent bills. Not surprisingly AIS told USAA’s adjuster to refuse to pay all subsequent bills. USAA did as AIS informed them to do and denied the bills without reaching out to our client’s medical providers to get further clarification on her injuries and treatment, or reaching out to our office for more information. As a result, thousands of dollars of crash related medical expenses went unpaid.

We had no choice at that point and filed a lawsuit against USAA Casualty Insurance Company on our client’s behalf. Our client did not have to worry about paying the costs and attorney fees to file the lawsuit because Oregon Law allows for the insured to recover costs in attorney fees in situations like this. We filed the lawsuit in Mulnomah County Circuit Court under case number 18CV27752.

Shortly after the lawsuit was filed USAA suddenly paid, without explanation, almost two thousand dollars of outstanding Medical bills. However, USAA refused to pay for a few visits to a chiropractor. USAA then blamed Auto Injury Solutions and our client for USAA’s failure to pay the medical expenses. Apparently USAA decided to “deny, deny, deny, and blame the other guy.” In doing so, it appeared USAA completely disregarded its’ contractual and legal obligation to pay these medical bills under the Insurance Policy and Oregon Law.

USAA then steadfastly refused to make a fair settlement offer. Instead, USAA attempted to settle the case by forcing our client to sign a confidentiality and non-disparagement agreement in exchange for payment of benefits that she was entitled to. USAA also refused to pay the full amount of the incurred costs and attorney fees. It was our belief that USAA was attempting to strip our client’s First Amendment Rights in an effort to conceal USAA’s attempts to profit from unlawfully denying active duty military, veterans, and their families insurance benefits. Our client stood firm and refused to be gagged by USAA’s corporate greed.

We then took a deposition of USAA’s corporate representative. He gave some troubling testimony. This included claiming that he received a letter from a physician hired by AIS that recommended that he deny the bills. This is called a “file review” letter or USAA calls it a “PHAD” (physician denial letter). However, USAA never sent that letter to anyone and claims it simply disappeared. USAA’s corporate representative confirmed that this has never happened before. USAA’s corporate representative also testified that he reviewed the written notices of the denials. These are commonly referred to as “Explanation of Benefits forms,” or “EOB’s.” These were the documents that USAA was required by law to send to our client or our office but failed to. Despite testifying the EOB’s existed and were reviewed, USAA refused to produce them despite our formal legal request and various follow up letters to USAA’s lawyers.

As a result of USAA’s shenanigans we filed motions with the arbitrator to compel them to produce the information they were concealing. At this point USAA had three lawyers on the case. We also filed motions for sanctions to punish USAA for their unscrupulous and shameful litigation tactics. In April 2019, on the last business day before the hearing on the motions for sanctions, USAA suddenly “tendered” the disputed amount of the medical bills. This means that we had won and USAA would send us a check to pay the amount of the remaining disputed bills.

However, that is not the end of the story. Despite USAA stating in writing and orally that it would send the check to pay the roughly $3,700.00 of wrongfully denied bills, USAA didn’t pay. USAA also took issue with the Arbitrator awarding roughly $59,000.00 in attorney fees and costs. The arbitrator stated that USAA’s conduct was “deplorable.”

USAA appealed the arbitrator’s decision and tried to bury the arbitrator’s written findings of facts which outline USAA’s shameful conduct. USAA was finally able to convince the court that USAA should only pay our client’s attorney fees of roughly $39,000.00. Both the Judge and the Arbitrator had serious issues with the way USAA was treating its insured and the way they chose to litigate this matter.

This was a big win for our client who was able to get thousands of dollars in medical debt wiped out. It was also a huge blow to USAA and their team of lawyers because it is clear that their unlawful PIP denials will cost them substantially if the right lawyer gets a hold of the case and forces them to explain why they are trying to screw their insured out of benefits.

If you, or someone you know, have been wrongfully wrongfully denied Personal Injury Protection benefits, or have been sent to an examination by your auto insurance company you should call an Oregon Insurance Lawyer at Ross Law PDX as soon as possible at 503.224.1658 to discuss your options. Jeremiah Ross is happy to represent clients in PIP denial cases on a contingency basis. As a Veteran, Jeremiah is happy to go to battle against USAA who hides behind a cloak of patriotism only to put profit over people.

$2,225,000.00 Medical Malpractice Jury Trial Verdict!!!!

We have been busy at Ross Law LLC. Jeremiah Ross recently teamed up with another lawyer to take on one of Oregon’s most well known medical malpractice defense law firms. Our client was a woman that fell in the hospital after knee surgery. The fall caused a mild Traumatic Brain Injury (mTBI). We alleged the hospital was negligent because they were unable to prevent the fall, and could have done so relatively easily.

The Hospital brought on a team of experienced lawyers and refused to accept responsibility for the fall. In fact, they blamed our client for the fall and then claimed that our client was malingering and not really injured.

After 2 weeks of trial, the 12 person Multnomah County Jury awarded our client $1,4500,00.00 for lost wages and future medical expenses and $755,000.00 in non-economic damages for the hell the injury has put her through. It was a fantastic result for a client who was truly an amazing person.

If you, or someone you know, were injured by a fall at a Hospital, call Jeremiah Ross at 503.224.1658 for your free phone case evaluation. Please note that case results vary and this was not a client that originated with Ross Law PDX, and Jeremiah Ross was part of a two person team of lawyers representing the client at the Jury Trial.