QUESTION

When you get involved in an auto accident do both insurance companies have to settle with you for pain and suffering?

Asked on Jul 22nd, 2014 on Personal Injury - Oregon
More details to this question:
Ok for instance my friend asked me to drive his truck and when I did I got hit from behind the at fault drivers insurance company already settled with me but my friends insurance company has not. Is his insurance company supposed to settle with me too after paying my chiropractor bills?
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2 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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Your friend's insurance company paid your chiropractic bill under Oregon's PIP coverage (Personal Injury Protection). This coverage is mandated under Oregon law and it requires a car owner's insurance company to carry coverage for any people in the insured vehicle that are injured for the cost of medical care only. This coverage usually covers claims for medical expenses for an injured passenger up to a specific limit for at least a year. Damages for pain and suffering, on the other hand, are supposed to be paid by the at-fault driver's insurance carrier out of that carrier's liability coverage. You therefore have no claim against your friend's insurance carrier for anything beyond the cost of the care you received.
Answered on Jul 24th, 2014 at 4:42 PM

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Personal Injury Attorney serving Portland, OR at Peterson Law Offices, PC
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The only insurer you can settle with is the carrier who covers the at fault driver unless you have an underinsured claim with your friends carrier. You would have an underinsured claim if you have a large enough claim and you collect all of the insurance available from the at fault insurer.
Answered on Jul 24th, 2014 at 4:36 PM

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