When a pedestrian is injured by a car, the first question asked is. “Who pays the medical bills for the injured pedestrian?” In Oregon, medical bills are paid by the first insurer available in the following list:
1. Pedestrian’s own Personal Injury Protection policy
2. Pedestrian’s health insurance
3. The Personal Injury Protection policy of the driver who hit the pedestrian
Therefore, if you are a pedestrian hit by a car, first we would check to see if you have a car insured in Oregon. All car insurance policies issued for delivery in Oregon must contain a minimum of $15,000 in Personal Injury Protection benefits. If you have a car with an Oregon policy then your own insurance will pay your medical bills until either one year passes from the date of injury or you use the full amount of benefits under your policy (usually $15,000).
If you don’t have a car insurance policy with Personal Injury Protection benefits we will then check to see if you have health insurance. If you have health insurance, your health insurance becomes the primary insurance for your injuries. If you don’t have health insurance then we must look at the next option.
If you don’t have a car with Personal Injury Protection benefits and don’t have health insurance then you get to access the Personal Injury Protection benefits of the car that hit the pedestrian.
These coverage situations can often be tricky. Each insurer will want to research other coverages available to confirm whether or not they are the primary insurer. Once you find your primary insurer they will pay your medical bills until the policy benefits are exhausted. Then you move on to the next insurer on the list for what is known as “excess coverage.”