Legal Question in Insurance Law in Oregon

Re: personal injury protection

My firm probably handles more plaintiff motorcycle cases than any law firm in Oregon, and unfortunately, I can tell you with certainty that PIP is NOT mandatory for motorcycles, nor is it for common carriers (buses, trains); it's not even required for taxi-cabs, where in my opinion it really would be helpful. It is AVAILABLE to PURCHASE for bikes, but it's usually prohibitively expensive. Your own HEALTH INSURANCE should cover it. If the health insurer claims "oh, we don't cover Auto -- go to your PIP carrier or to the OTHER auto's coverage," they are WRONG. Tell them you were on a bike, and since there was NO PIP, health insurance is next in line to pay! I mention it because it is a COMMON problem we run into, and have to educate the insurance clerks.

You should talk to a lawyer as to whether you can make out a "Phantom Vehicle Claim," under your uninsured motorist policy. If you went down because someone else caused it, but they took off, you may have a claim for your pain and suffering, as well as medical, through that, IF YOU HAVE CORROBORATING EVIDENCE, preferably from a WITNESS who is not also a claimant in the same case. It also requires you to have gotten the police involved within 72 hours, but if you didn't, I would NOT abandon the claim, based on just that.

Good luck to you!

Sam