It was a gorgeous June day, and our client was driving north on I-5 near Eugene, Oregon with her 4 year old son in the back seat in his car seat. She saw a white Chevy Impala entering the Interstate from an upcoming on-ramp, so she signaled and moved to the left lane. The driver of the Impala merged onto I-5, then immediately made an unsignaled lane change, almost crashing into our client. She swerved to avoid him and lost control of her vehicle on the shoulder of the highway median. She then crossed back over both lanes of northbound traffic, eventually hitting a cement barrier and rolling. The other driver, aware that he had caused an accident, continued to drive for two more miles before pulling over and calling his dad, who had the good sense to tell him to call the police. An Oregon State Trooper cited him for unlawful or unsignaled lane change. Our client and her son, meanwhile, were attended to by emergency medical responders. She had suffered bruising and other injuries but was relieved to find that her son was OK.
About two months after the accident occurred, our client, who is in the US Navy Reserve, was called up for a month of active duty. After her duty was complete, she returned home and continued with the medical treatment prescribed for her accident-related injuries. Her Personal Insurance Protection (PIP) carrier ordered a physician review because of the break in her treatment, and the carrier’s physician deemed the physical therapy treatment she was receiving medically unnecessary, leaving her with the outstanding medical bills. The bills were too much for her to pay, and she was sure the physician was wrong, so she contacted an auto accident attorney for help.
Upon taking the case and hearing her story, I sent a letter to her PIP carrier, reminding them that they themselves claimed to be “committed to serving our military and veterans who have honorably served and their families,” a statement contradicted by their treatment of our client. Our client’s husband was active duty US Navy, and he had purchased the policy for his wife. She had only continued her physical therapy because her orthopedic specialist had recommended it, making it a medical necessity in our view. To support my letter, I also sent along her medical records. After receiving my letter and some negotiation, the PIP carrier agreed to pay all of her medical expenses. Then, I also negotiated a settlement with the at-fault driver’s insurance company for her pain and suffering and reimbursement of her medical expenses. This auto accident had been a horrific experience for our client, but she was pleased with the results of our work on her behalf.
If you’ve been injured in an auto accident and are getting denied coverage by your PIP carrier, we can help. One of our expert Personal Injury Attorneys will be happy to discuss your Oregon Personal Injury case with you. Call us now: 541-617-0555