The legislature has passed, and the Governor has signed, a new piece of legislation that will change the auto insurance landscape in Oregon beginning January 1, 2016. The changes are significant, and have the potential to be life altering for injured Oregonians going forward.

UIM “Stacking”

“Underinsured motorist” coverage is an important part of any auto insurance policy. If you are seriously injured through the fault of another driver, and their liability insurance is inadequate to cover your damages, your own UIM policy takes over. However, under current law, your UIM will only pay to the extent that your purchased coverage exceeds the coverage of the at fault driver. In other words, if the other driver has $25,000 in coverage, and your UIM policy likewise provides $25,000, your policy pays nothing. This counter-intuitive result has finally been changed.

Under the new law, using the above example, the injured driver’s UIM policy would be available to compensate for damages over $25,000. The UIM coverage will “stack” on top of the at-fault driver’s coverage, making $50,000 available. For someone facing medical bills and lost wages resulting from a serious accident, this will make a big difference.

PIP Reimbursement

PIP, or “personal injury protection,” is Oregon’s version of “no fault” auto coverage, and is a mandatory part of all auto policies in the state. If you are injured in an accident, your own PIP coverage takes care of the initial medical bills and wage loss, regardless of who is at fault. If the other driver is later deemed responsible for your injuries, your insurance company is entitled to reimbursement from whatever settlement you eventually recover. This reduces the amount of money available to the injured person.

Under current law, PIP reimbursement is not available until all the injured driver’s economic damages are compensated. Unfortunately, non-economic damages are often a big part of an auto accident claim, but PIP is reimbursed before non-economics are paid. Under the new law, there will be no PIP reimbursement until ALL the injured person’s damages are taken into account. This will allow injured Oregonians to receive fair compensation for their injuries, and put their PIP carriers behind them in line for funds which are often inadequate to cover all their losses.

How to Take Advantage of the Changes

In order to benefit from the new law, it is essential that your auto policies are either new, or renewed after January 1, 2016. It may be a good time to switch carriers altogether in the new year, as studies have shown loyal insurance customers are often penalized for that loyalty with higher rates.

The changes embodied in SB 411 are too important to ignore. . .make plans to renew or get a new auto policy as close to January 1st as possible.

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While DOT officials declined to speculate on the reasons for the upswing, the cause is likely growth in miles driven, as we reported earlier this year. As motorists venture into unfamiliar territory, especially on rural roads, accidents increase dramatically.

Phillip C. Gilbert & Associates would like to remind you to be vigilant as you enjoy fall driving. Avoid distractions, keep your concentration up, and exercise caution on unfamiliar roads.

The post Despite Auto Safety Improvements, Deadly Accidents Increasing in Oregon appeared first on Phillip C Gilbert & Associates.

Massive fines are clearly in the offing for VW, as well as a public relations disaster that could harm the market for diesel cars for decades. Additionally, there can be no doubt that the resale values of effected vehicles will plummet, as the environmentally conscious ditch their Teutonic polluters for hybrids. Can you say diminished value?

* * UPDATE * *

The “clean diesel” link above is now returning a predictable “404” error, as VW apparently thought better than to leave it hanging in the breezes of the Interwebz. However, thanks to the Wayback Machine, the page can be enjoyed in its full glory RIGHT HERE.

The post VW Gives Der Finger to Consumers, the EPA appeared first on Phillip C Gilbert & Associates.

Yesterday, GM announced that it will spend as much as $900 million in settlement of a criminal case brought by the U.S. Department of Justice in connection with its horrific conduct in the case. This sum will be in addition to $575 million in civil settlements with private parties.

Phillip C. Gilbert & Associates applaud the Justice Department as well as lawyers for GM’s victims for bringing the company’s malfeasance to light, and securing recompense for those injured.

The post GM Agrees to Begin Settlement of Deadly Ignition Switch Claims appeared first on Phillip C Gilbert & Associates.

Allstate statistical research showed that Portland drivers are involved in auto accidents once every 6.9 years, contrasted to the national average of once in a ten year span. Allstate, like most carriers, takes these types of statistics into account when evaluating risk and setting rates, so we might expect a bump in premiums as a consequence of our apparently poor driving.

Also of interest is the fact that Portland drivers experience over 18 “hard braking events” per 1,000 miles driven, again above the national average of 16 such incidents.

We’d like to remind our fellow nor’westerners of the two second rule, which helps drivers maintain safer following distances. This, in turn, reduces instances of panic braking, and rear-end accidents as well.

The post Portland Sinks into Auto Crash Hall of Shame appeared first on Phillip C Gilbert & Associates.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Congratulations, Phil!

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Historically, when driving increases, not only the number but the severity of automobile crashes increase as well. This results from an upswing in the number of people driving on unfamiliar roads at highway speeds. Insurers are feeling the pinch from this phenomenon, due to a rising number of claims as well as the rising costs of repairing today’s complex vehicles. Allstate, for example, recently reported a 38% drop in revenue this quarter, compared to Q2 last year, and its stock prices dropped as a result.

We would like to remind you to take extra care when you hit the open road this summer, and keep your family safe, happy and healthy.

* * UPDATE * *

In response to the loss of revenue suffered by Allstate and reported above, the company will be holding out their good hands for a rate increase, along with instituting cost cutting measures and potentially selling customer data in an effort to make ends meet.

The post On the Road, Again appeared first on Phillip C Gilbert & Associates.

Ms. Bell is seeking just over a half million dollars in damages, including past and future medical expenses, lost income, and life impact damages.

The error appears to flow from a similarity in spelling between clomipramine and the correct drug clomiphene, and comes on the heels of a 2012 survey of “chain” pharmacy employees which intimated that large retailers such as Fred Meyer have created a work environment inviting such problems.

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Strangely absent from Uber’s plea are any details about the contents of HB 2995 and HB 2237, which would require the company to provide modest insurance coverage to drivers while they are logged onto the Uber service and seeking passengers. Uber maintains it should provide coverage only while its drivers are carrying its customers, which creates a dangerous gap in protection – personal auto insurance would likely deny payment for accidents during this “interim” period, because actively seeking paid fares is a commercial activity.

The legislature is attempting to force Uber to provide coverage of $50,000 per person and $100,000 per incident, which is a meager sum indeed compared to the $500,000 minimum mandated for traditional cab companies.

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State Farm’s privacy statement provides for the following: “We share information about you with companies that perform marketing or other services for us or with whom we have joint marketing agreements. These agreements allow us to provide a broader selection of insurance and financial products to you.”

State Farm has declined comment on the seemingly inevitable implementation of this system. Somewhere, George Orwell is wincing.

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