Legal Question in Insurance Law in Oregon

pip claim

my statute of limitations is about to run out on a pip claim and i need to know if i can file my own papers to keep them from running out


Asked on 1/30/08, 9:55 pm

1 Answer from Attorneys

Sam Hochberg Sam Hochberg & Associates

Re: pip claim

You cannot extend the period of time to use PIP that's prescribed by statute and by your insurance policy by filing a lawsuit. While that IS indeed the manner to preserve a typical civil claim against a defense that you've waited too long under the statute of limitations, PIP is different.

PIP, or Personal Injury Protection, is just a benefit that's defined by statute and by your insurance policy. The statute says you have benefits for up to one year, and up to certain dollar amounts, unless your policy says longer or more benefits. Suing won't under ordinary circumstances give you any longer a period or more benefits than you already have. Now, if the benefits were improperly denied, that's another matter, and you should talk to a lawyer about it.

-- Sam

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Answered on 1/31/08, 12:25 am


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