Oregon State laws require insurers doing business in the state to offer Uninsured Motorist insurance (UM) and Underinsured Motorist insurance (UIM) to persons purchasing liability automobile insurance. Uninsured Motorist insurance provides compensation to the insured when he or she is injured by another driver who is without any automobile liability insurance. Underinsured Motorist coverage provides compensation when the insured is injured by another driver whose liability insurance coverage is insufficient to fully compensate the injured person. UM and UIM are typically contained in the same section of an automobile insurance policy, and the premium paid is for both UM and UIM coverages.
Oregon State laws require all drivers to carry motor vehicle liability insurance coverage of not less than $25,000. The uninsured motorist (UM)/underinsured motorist (UIM) laws require the insurer offer UM/UIM coverage in an amount not less than $25,000. If the insured is purchasing a higher amount of liability insurance than the statutory minimum of $25,000, the insurance company must offer their insured UM/UIM with limits of the same amount.
Though UM/UIM coverage must be “offered” to an insured, he/she can chose to refuse or waive the coverage entirely, or to purchase an amount less than the liability coverage. If they chose to do so however, Oregon law requires the insurance company obtain a written waiver of coverage signed by the insured attesting to that decision.
It is not uncommon for people to be injured by a driver who has no liability insurance or just the minimum limits of $25,000. If you waive your UM/UIM coverage or insure yourself at a low level, there is a risk you will be without adequate resources to protect yourself and your family if a traumatic injury in a motor vehicle accident happens. It is worthwhile to spend the few extra dollars required to carry UM/UIM coverage and to have limits of more than the minimum. This coverage is your best investment.
UM/UIM claims are complex, with many legal loopholes for insurance companies to use to deny and limit coverage. If you are injured in a motor vehicle collision, seeking the advice of an experienced personal injury attorney who works with automobile and insurance law is always a good idea. We offer such consultations at no cost to the injured person.
Uninsured & Underinsured Motorists —
Past Case Example #1
D.T. was finishing some last-minute tasks in preparation of going on a cruise vacation. D.T. lived in Scappoose, Oregon. She pushed the traffic control button as a pedestrian at the intersection of Highway 30 and E. Columbia Avenue. As she was crossing the street, she was struck by an uninsured vehicle. D.T. had uninsured motorist coverage under her auto insurance policy. D.T. contacted her insurance company and informed them of the accident and her substantial injuries and medical bills.
D.T.’s insurance company blamed D.T. for the accident, saying she should have been able to see and avoid the oncoming car. D.T. had simply proceeded into the crosswalk when she was given the signal. She had not seen the car that hit her, as it sped around a different vehicle that had stopped for the traffic light. D.T.’s insurance company did not accept D.T.’s statement of the incident. D.T.’s insurance company instead chose to accept the story of the uninsured driver (who refused to submit to drug or alcohol testing) and rejected D.T.’s claim.
D.T. contacted our firm. We commenced proceeding on behalf of D.T. against her insurance company. The insurance company never offered D.T. a dime. Our firm presented evidence to a panel of three arbitrators and obtained a unanimous decision against the insurance company, requiring the insurance company to pay D.T. the entire amount of her substantial uninsured motorist benefits under her auto policy.
Uninsured & Underinsured Motorists —
Past Case Example #2
Paul and Jana Richmond were in a van and a teenager in a vehicle crossed the center line and hit their van head on.
Mr. Richmond suffered a laceration of his left knee, a left femoral neck fracture, a right femoral neck fracture, a broken right leg, a left hip dislocation, and substantial aggravation of a pre-existing closed head injury which interfered with his cognitive and speech rehabilitation.
Jana Richmond suffered injuries to her left leg and right hip, along with multiple cuts and abrasions. Additionally, Jana Richmond suffered a bony abnormality in her right hip as a result of medical treatment for her hip. She has had numerous complications in her recovery.
The teenager who hit the Richmonds only had a $100,000 in insurance coverage. Liberty Mutual admitted that the accident was the sole fault of the teenage driver but delayed, stalled and failed to pay benefits.
Because the insurer was not paying the Richmonds’ medical bills (as required by statute), the Richmonds in their severely injured state were getting extremely stressed because their medical bills were going unpaid. The Richmonds ended up having to file approximately 32 appeals of their benefit denials due to Liberty Mutual’s failure to pay medical bills.
Our firm prepared a settlement videotape that contained statements by the Richmonds and a videotape showing the changes in their life due to the accident.
As lawyers for the Richmonds we regularly called the insurance company. The adjuster complained about his workload, and continuously indicated he was almost done processing the claim. Finally, the adjuster was written and asked that the claims be wrapped up within 10 days.
When the deadline was not met our firm sued Liberty Mutual, recovered all benefits available under the million-dollar policy, and obtained attorney fees for having had to sue Liberty Mutual.
For more information, please read “YOU NEED TO KNOW” in our SPRING/SUMMER 2009 newsletter.
