Guest guest Posted May 19, 2011 Report Share Posted May 19, 2011 Joe: That’s generally correct. The exception would be if the policy was issued for delivery in Oregon, e.g. if there was a renewal and the company knew the insured was living in Oregon or the vehicle was principally garaged in Oregon. The declarations page on the most recent renewal of the policy is usually how I’ve shown they knew about the Oregon address and are subject to Oregon’s PIP insurance laws. T. Hill, PC520 SW Sixth Avenue, Suite 1250Portland, OR 97204(503) 227-4330chill@...http://www.portlandinjurylaw.com From: [mailto: ] On Behalf Of ph MedlinSent: Thursday, May 19, 2011 10:19 AM'oregondc'Subject: PIP Question A little refresher here please. Driver lives in Oregon has California insurance. Hit in Oregon by Oregon Driver with Oregon Insurance. This is operated under CA Medpay and not Oregon PIP correct? Thank you.ph Medlin D.C. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 19, 2011 Report Share Posted May 19, 2011 I agree with but that doesn't mean the PIP carrier will voluntarily agree without a lawsuit. I've got one I just filed where insureds moved back to Oregon, reported the move to an authorized local agent, had the company mail them a policy endorsement to their new Oregon address, and then renew the policy several months later, and again mail the new policy to their Oregon address. They claim that mailing it to the insured at their address in Oregon does not constitute "issuing a policy for delivery in this state." All I can say is I fully intend to get attorneys fees on the case. But to date, they haven't paid a dime more than their 5k med pay policy and are all lawyered up. So being right is great. That doesn't mean you're going to be timely paid. The good (great STUPENDOUS) news for PIP is that today (May 19, 2011), the Oregon Supreme Court upheld the compensatory and punitive damages award against Farmers in the Strawn v. Farmers case. That was essentially a class action PIP denial case where Farmers allegedly arbitrarily reduced billed charges under PIP utilizing allegedly fraudulent formulas and the assistance of a company called, "Medical Management Online." Any of you ever hear of them :-) The damages award was 1-2 million, and the punitive damages awarded by the jury was in the $8 million dollar range. Pow!! It doesn't take rocket scientist to know that is not just "good" news. That is a major major major decision for each and every one of you. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates 1781 Liberty St. SE Salem, OR 97302 1-(800) 289-3443 msmith@... From: [mailto: ] On Behalf Of HillSent: Thursday, May 19, 2011 11:18 AM'ph Medlin'; 'oregondc'Subject: RE: PIP Question Joe: That’s generally correct. The exception would be if the policy was issued for delivery in Oregon, e.g. if there was a renewal and the company knew the insured was living in Oregon or the vehicle was principally garaged in Oregon. The declarations page on the most recent renewal of the policy is usually how I’ve shown they knew about the Oregon address and are subject to Oregon’s PIP insurance laws. Chris T. Hill, PC 520 SW Sixth Avenue, Suite 1250 Portland, OR 97204 (503) 227-4330 chill@... http://www.portlandinjurylaw.com From: [mailto: ] On Behalf Of ph MedlinSent: Thursday, May 19, 2011 10:19 AM'oregondc'Subject: PIP Question A little refresher here please. Driver lives in Oregon has California insurance. Hit in Oregon by Oregon Driver with Oregon Insurance. This is operated under CA Medpay and not Oregon PIP correct? Thank you. ph Medlin D.C. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted May 20, 2011 Report Share Posted May 20, 2011 Thanks , and that IS great news!! ph Medlin D.C. From: Sent: Thursday, May 19, 2011 1:32 PM Hill ; ph Medlin ; oregondc Subject: RE: PIP Question I agree with but that doesn't mean the PIP carrier will voluntarily agree without a lawsuit. I've got one I just filed where insureds moved back to Oregon, reported the move to an authorized local agent, had the company mail them a policy endorsement to their new Oregon address, and then renew the policy several months later, and again mail the new policy to their Oregon address. They claim that mailing it to the insured at their address in Oregon does not constitute "issuing a policy for delivery in this state." All I can say is I fully intend to get attorneys fees on the case. But to date, they haven't paid a dime more than their 5k med pay policy and are all lawyered up. So being right is great. That doesn't mean you're going to be timely paid. The good (great STUPENDOUS) news for PIP is that today (May 19, 2011), the Oregon Supreme Court upheld the compensatory and punitive damages award against Farmers in the Strawn v. Farmers case. That was essentially a class action PIP denial case where Farmers allegedly arbitrarily reduced billed charges under PIP utilizing allegedly fraudulent formulas and the assistance of a company called, "Medical Management Online." Any of you ever hear of them :-) The damages award was 1-2 million, and the punitive damages awarded by the jury was in the $8 million dollar range. Pow!! It doesn't take rocket scientist to know that is not just "good" news. That is a major major major decision for each and every one of you. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates 1781 Liberty St. SE Salem, OR 97302 1-(800) 289-3443 msmith@... From: [mailto: ] On Behalf Of HillSent: Thursday, May 19, 2011 11:18 AM'ph Medlin'; 'oregondc'Subject: RE: PIP Question Joe: That’s generally correct. The exception would be if the policy was issued for delivery in Oregon, e.g. if there was a renewal and the company knew the insured was living in Oregon or the vehicle was principally garaged in Oregon. The declarations page on the most recent renewal of the policy is usually how I’ve shown they knew about the Oregon address and are subject to Oregon’s PIP insurance laws. Chris T. Hill, PC 520 SW Sixth Avenue, Suite 1250 Portland, OR 97204 (503) 227-4330 chill@... http://www.portlandinjurylaw.com From: [mailto: ] On Behalf Of ph MedlinSent: Thursday, May 19, 2011 10:19 AM'oregondc'Subject: PIP Question A little refresher here please. Driver lives in Oregon has California insurance. Hit in Oregon by Oregon Driver with Oregon Insurance. This is operated under CA Medpay and not Oregon PIP correct? Thank you. ph Medlin D.C. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted June 8, 2011 Report Share Posted June 8, 2011 It should. Her health insurance is actually primary here though and her auto will pick up the difference. If she has no health ins. then her auto is primary. If she has neither, then the third party is responsible, but won't pay until the case and treatment is closed. ph Medlin D.C. From: commonchiro@... Sent: Wednesday, June 08, 2011 6:02 AM ; ; Hill ; ph Medlin Subject: Re: PIP Question Additional my patient was a pedestrian. I believe she said she was in a crosswalk. Sent via BlackBerry by AT & T From: commonchiro@... Date: Wed, 8 Jun 2011 12:55:25 +0000 <msmith@...>; < >; Hill<chill@...>; ph Medlin<spinetree@...> Replycommonchiro@... Subject: Re: PIP Question I have a patient hit by a car . Will the driver's PIP cover her? I thought it did, but she said USAA only wants to settle not pay meds. (She has Wash auto and does not have PIP). ThanksElliott Mantell Sent via BlackBerry by AT & T From: " " <msmith@...> Sender: Date: Thu, 19 May 2011 13:32:19 -0700 Hill<chill@...>; ph Medlin<spinetree@...>; oregondc< > Subject: RE: PIP Question I agree with but that doesn't mean the PIP carrier will voluntarily agree without a lawsuit. I've got one I just filed where insureds moved back to Oregon, reported the move to an authorized local agent, had the company mail them a policy endorsement to their new Oregon address, and then renew the policy several months later, and again mail the new policy to their Oregon address. They claim that mailing it to the insured at their address in Oregon does not constitute "issuing a policy for delivery in this state." All I can say is I fully intend to get attorneys fees on the case. But to date, they haven't paid a dime more than their 5k med pay policy and are all lawyered up. So being right is great. That doesn't mean you're going to be timely paid. The good (great STUPENDOUS) news for PIP is that today (May 19, 2011), the Oregon Supreme Court upheld the compensatory and punitive damages award against Farmers in the Strawn v. Farmers case. That was essentially a class action PIP denial case where Farmers allegedly arbitrarily reduced billed charges under PIP utilizing allegedly fraudulent formulas and the assistance of a company called, "Medical Management Online." Any of you ever hear of them :-) The damages award was 1-2 million, and the punitive damages awarded by the jury was in the $8 million dollar range. Pow!! It doesn't take rocket scientist to know that is not just "good" news. That is a major major major decision for each and every one of you. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates 1781 Liberty St. SE Salem, OR 97302 1-(800) 289-3443 msmith@... From: [mailto: ] On Behalf Of HillSent: Thursday, May 19, 2011 11:18 AM'ph Medlin'; 'oregondc'Subject: RE: PIP Question Joe: That’s generally correct. The exception would be if the policy was issued for delivery in Oregon, e.g. if there was a renewal and the company knew the insured was living in Oregon or the vehicle was principally garaged in Oregon. The declarations page on the most recent renewal of the policy is usually how I’ve shown they knew about the Oregon address and are subject to Oregon’s PIP insurance laws. Chris T. Hill, PC 520 SW Sixth Avenue, Suite 1250 Portland, OR 97204 (503) 227-4330 chill@... http://www.portlandinjurylaw.com From: [mailto: ] On Behalf Of ph MedlinSent: Thursday, May 19, 2011 10:19 AM'oregondc'Subject: PIP Question A little refresher here please. Driver lives in Oregon has California insurance. Hit in Oregon by Oregon Driver with Oregon Insurance. This is operated under CA Medpay and not Oregon PIP correct? Thank you. ph Medlin D.C. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 5, 2012 Report Share Posted March 5, 2012 If she has her own automobile policy in Oregon (not her fiance's policy, unless she's a listed driver on her fiance's policy), then she'll have pip coverage on her Oregon policy. If she is not a rated/listed driver on any insurance policy, then she'll likely have no PIP coverage anywhere. Hopefully, she has her own auto policy. If she does, then she'll need to submit a written PIP claim on her own Oregon policy. Otherwise, she may have been driving uninsured. She will also need to submit a formal written claim through the insurance policy on the rent a car, just to get a written coverage denial. Her own carrier will probably require that, as they'll be secondary--no sense waiting a month until they tell her they're still waiting for confirmation that there was no applicable coverage on the car she was driving. G. Gatti, Gatti, Maier, Sayer, Thayer, & Associates 1781 Liberty St. SE Salem, OR 97302 1-(800) 289-3443 msmith@... From: [mailto: ] On Behalf Of Dr. Elliott MantellSent: Monday, March 05, 2012 1:03 PMOregon DC'SSubject: PIP question Hello A new patient reported a MVA that was her fault while driving a rent a car in Hawaii. The car was rented by her fiancee who she lives with and she was not listed as the driver. The rent a car company is telling her and maybe her auto insurance company as well that she is not covered. She said that her credit card company will cover her car damages, but not those of the other driver, nor her medical. Do you know if this is correct? Shouldn't her own Motor Vehicle insurance company cover her? Or should the rent a car company because she lives with her boyfriend? Thank you Elliott Mantell DC Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 7, 2012 Report Share Posted March 7, 2012 Washington lady was rear ended and injured. She didn't realize WA does not have PIP as a requirement and she didn't get it. The liable ins company has said she may have 6 visits plus $300. Is this a binding thing? If she needs more than 6 visits how do I go about getting approval for them. She does not want to get an attorney (I suggested she might benefit from having one). Joan Schultze, DC Lake Oswego Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 7, 2012 Report Share Posted March 7, 2012 Well Joan if you wish to donate your services you can then support your patients view of not getting an attorney….hint, hint, hint…alternatively she can pay you cash per visit. The fact of the matter is this the liability carrier isn’t going to do anything but pull both your chains without an attorney…..my two cents worth….Jeff Thayer and Lyle Bosket attorneys at the Gatti Law firm are both admitted to practice in Washington State…I have worked with both of them in court and they are excellent attorneys. Plus the Gatti firm is a well know firm in Washington…since the Foltz case that Dan Gatti hammered State Farm on. As a consequence the liability carrier will not be pulling anyone’s chain most importantly yours Joan! Vern Saboe PS: You can reach the Gatti Law firm at 1-800-289-3443 their downtown Portland office is 503-224-1524 From: [mailto: ] On Behalf Of Joan SchultzeSent: Wednesday, March 07, 2012 4:41 PMOregon DC'SSubject: PIP Question Washington lady was rear ended and injured. She didn't realize WA does not have PIP as a requirement and she didn't get it. The liable ins company has said she may have 6 visits plus $300. Is this a binding thing? If she needs more than 6 visits how do I go about getting approval for them. She does not want to get an attorney (I suggested she might benefit from having one).Joan Schultze, DCLake Oswego Quote Link to comment Share on other sites More sharing options...
Guest guest Posted March 7, 2012 Report Share Posted March 7, 2012 PIP is not required in WA, but the insurer has to get a written waiver of it. If the auto insurer can’t produce the writing, they’re usually stuck providing PIP coverage. Letters of protection are more common in WA because there are higher percentages of folks who need treatment but opted out of PIP. T. Hill, PC520 SW Sixth Avenue, Suite 1250Portland, OR 97204(503) 227-4330chill@...http://www.portlandinjurylaw.com From: [mailto: ] On Behalf Of vsaboeSent: Wednesday, March 07, 2012 5:03 PM'Joan Schultze'; 'Oregon DC'S'Subject: RE: PIP Question Well Joan if you wish to donate your services you can then support your patients view of not getting an attorney….hint, hint, hint…alternatively she can pay you cash per visit. The fact of the matter is this the liability carrier isn’t going to do anything but pull both your chains without an attorney…..my two cents worth….Jeff Thayer and Lyle Bosket attorneys at the Gatti Law firm are both admitted to practice in Washington State…I have worked with both of them in court and they are excellent attorneys. Plus the Gatti firm is a well know firm in Washington…since the Foltz case that Dan Gatti hammered State Farm on. As a consequence the liability carrier will not be pulling anyone’s chain most importantly yours Joan! Vern Saboe PS: You can reach the Gatti Law firm at 1-800-289-3443 their downtown Portland office is 503-224-1524 From: [mailto: ] On Behalf Of Joan SchultzeSent: Wednesday, March 07, 2012 4:41 PMOregon DC'SSubject: PIP Question Washington lady was rear ended and injured. She didn't realize WA does not have PIP as a requirement and she didn't get it. The liable ins company has said she may have 6 visits plus $300. Is this a binding thing? If she needs more than 6 visits how do I go about getting approval for them. She does not want to get an attorney (I suggested she might benefit from having one).Joan Schultze, DCLake Oswego Quote Link to comment Share on other sites More sharing options...
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