What You Should Know About First Party Benefits

 

No one likes to think about car accidents. Or car insurance. But while it might not be sexy, car insurance is critical. And knowing what “First Party Benefits” are and how they can protect you and your loved ones, can be immeasurably valuable.

What Are First Party Benefits?

In Oregon, all drivers are required to carry car insurance. Drivers are required to purchase minimum insurance coverage (limits) that includes: bodily injury (“BI”), property damage, personal injury protection (“PIP”), and uninsured motorist / underinsured motorist  (“UM/UIM”) coverage.

The State of Oregon requires all drivers to carry car insurance that complies with the amount mandated by the Financial Responsibility Law. That means you must purchase liability and UM/UIM coverage of at least  $25,000/$50,000.  It also means that you must purchase “no-fault” PIP insurance of at least $15,000.00.

No-fault insurance means that, regardless of who was to blame for the accident, each driver’s insurer pays their own medical expenses, lost wages and other costs.

“First Party Benefits” is another term used to describe insurance coverages that are provided to you and your family regardless of fault in an accident. These benefits are frequently referred to either as “First Party Benefits” or “no-fault” benefits. PIP is a “no-fault” or “First Party” benefit. In the event of an accident, PIP pays for your medical expenses, regardless of fault. PIP coverage will pay for all reasonably related medical treatment required, up to one year or $15,000.00—whichever comes first. You can, of course, increase the amount of your PIP coverage by paying for more than the minimum of $15,000.00.

The minimum PIP coverage not only pays for your medical bills, but it will pay for other things like loss of income, household services (to replace things you can no longer do at home), and funeral benefits as well.

It is important that you read your policy and understand what it covers.

Oregon is Not a No-Fault State.

Even though you are required to carry no-fault insurance in Oregon, Oregon is not a no-fault state. What that means is that, unlike other states that are “no-fault” states, in Oregon, you retain your right to sue the at-fault driver to recover the cost of your medical expenses, lost income, and even pain and suffering. It’s important that you understand not only your responsibilities when it comes to car insurance, but the law and your options. That’s why, if you are in a car accident, you should hire an attorney as soon as possible. At OlsenDaines, we handle car accidents and personal injury claims. We offer free consultations, and we can help.

Washington allows drivers to elect not to purchase PIP coverage. However, if you do not have PIP coverage as part of your policy and if you do not have health insurance, you will need to pay for medical treatment up-front and you will probably need to find a doctor or medical provider who will allow you to make payments for your health care for the time it takes to resolve your personal injury case.

We Handle Car Accidents.

Insurance coverage that protects you and your family is important. Filing a personal injury lawsuit to recover for your losses after a car accident is never easy. We are here to help. If you are in Portland, Eugene, Coos Bay, Medford, or any other city in Oregon, we have an office near you. We also have offices in Washington, and we provide free initial case consultations. To schedule an appointment, give us a call or send us an email.

Premises Liability on Public Property

 

Here in Oregon we love spending time outdoors: crabbing on the Oregon coast, hunting  and backpacking in the Oregon Wilderness, snowboarding, sea kayaking— we love it all. But what happens when there is an accident on public land? If you fall down a ravine while hiking, or break a leg snowboarding, do you have to bear the costs alone?

Premises Liability.

The general rule is that all property owners have a duty to maintain their property in a reasonably safe condition so that people entering on the property will not get hurt. The legal theory for this rule is called “premises liability.” Premises liability makes property owners responsible for accidents and injuries that occur on their premises.

It applies to private as well as public properties.

When it comes to determining when, and to what extent, a property owner is responsible for injuries that occurred on his property, the law divides the people entering on the property into different classes:

  • Licensee —someone who is present for his own purposes, but enters with permission of the owner.
  • Social guest—is someone that is a guest, present with the owner’s permission.
  • Business Invitee—someone who enters the property at the invitation, and for the benefit of the owner— like a customer. This invitation usually implies that the owner has taken reasonable steps to make the property safe.
  • Trespasser— someone who enters the premises without permission and has no right to be on the property.

A property owner’s liability for injuries is determined by the laws and procedures of the state in which the injury occurred. Some states look only at the status of the injured person (social guest, licensee etc.) to decide liability. Other states look at the injured person’s status, his actions on the property, the condition of the property, and the owner’s actions. Knowing what factors the court in your state will apply is why it is important for you to consult with knowledgeable personal injury attorneys.

Oregon’s Recreational Use Statute.

In 1995, Oregon enacted its recreational use statute, which encourages landowners to make their land available to the public for recreational purposes. Oregon’s recreational use statute provides that an owner of land who makes it available for recreational use is not liable for injuries occurring on the land to people making use of it for those specific recreational purposes. That immunity does not apply, however, if the landowner charged the injured party to use the land.

Public Lands.

When it comes to public lands, it may be difficult to hold the government responsible for injuries because most government agencies enjoy “government immunity.”

Consult Competent Counsel.

If injury has put the skids on your outdoor activities, we may be able to help. We are Oregon attorneys. We provide free consultations. We have offices throughout Oregon and in Vancouver and Tri-Cities in Washington. To set up an appointment, call us toll free at: 1-800-682.9568 or contact us through our website.

What Damages Cap Means For Your Lawsuit

When you are injured by the negligence of someone else, you could end up with a mountain of medical bills, significant pain, suffering, property damage, emotional distress, lost wages or more. Generally, you (the plaintiff) file a lawsuit against the party that injured you (the defendant) to make him pay —both literally and figuratively— for the damage he caused you. You are usually looking for money damages to compensate you for the harm you have suffered.

Economic and Non-economic Damages.

Money damages come in two flavors: economic and non-economic. Economic damages refer to money losses, like medical bills, car repair costs, lost wages, etc.

Noneconomic damages, however, refer to more intangible damages, like injury to reputation, mental distress, or humiliation. In the context of a personal injury action, “pain and suffering” generally refers to the noneconomic, mental or emotional damage you suffer as the result of an injury or accident.

Not surprisingly, the costs of a serious accident, injury, or medical malpractice case or an incident where a death ensues, can skyrocket into the millions pretty quickly.

So, can a seriously injured person recover the full amount of her or his claim?

No, not in Oregon

Caps on Damages.

Damages caps are laws that limit the amount of non-economic damages that a plaintiff can recover. Each state has its own damages cap. To find out what the cap on non-economic damages are in the states of Oregon, consult with knowledgeable personal injury attorneys.

Damage caps are an issue of public policy.  I have personally seen how they can effect people with catastrophic and life changing injuries.

What a damages cap means to your lawsuit is that you may be limited in the amount of money you can recover for your pain and suffering or mental and emotional damages.

What do if you are facing a serious, catastrophic injury

Every case is different.  Developing a good legal strategy to deal with the caps and maximize your settlement is paramount. We offer free consultations, reasonable fees, and are committed to getting our clients the relief they need. To set up an appointment, call us toll free at: 1-800-682.9568 or contact us through our website.