ORS 742.526¹
Primary nature of benefits

(1) The personal injury protection benefits with respect to:

(a) The insured and members of the family of the insured residing in the same household injured while occupying the insured motor vehicle shall be primary.

(b) Passengers injured while occupying the insured motor vehicle shall be primary.

(c) The insured and members of family residing in the same household injured as pedestrians shall be primary.

(d) The insured and members of family residing in the same household injured while occupying a motor vehicle not insured under the policy shall be excess.

(e) Pedestrians injured by the insured motor vehicle, other than the insured and members of family residing in the same household, shall be excess over any other collateral benefits to which the injured person is entitled, including but not limited to insurance benefits, governmental benefits or gratuitous benefits.

(2) The personal injury protection benefits may be reduced or eliminated, if it is so provided in the policy, when the injured person is entitled to receive, under the laws of this state or any other state or the United States, workers’ compensation benefits or any other similar medical or disability benefits. [Formerly 743.810]

(formerly 743.810)

Notes of Decisions

Personal injury protec­tion benefits may be offset by benefits collected from an­oth­er source if the insurance policy so provides. Southwestern Ins. Co. v. Winn, 274 Or 695, 548 P2d 1311 (1976)

Where insurer made per­sonal injury protec­tion pay­ments to insureds who sub­se­quently received workers compensa­tion awards for same injury, former statute did not authorize imposi­tion of equitable trust to recover these pay­ments. Farmers Ins. Co. v. Ownby, 40 Or App 15, 594 P2d 834 (1979)

When damages incurred by insured are greater than per­sonal injury benefits designated by this sec­tion as “primary,” insurer is liable for “excess” damages to the limits of its coverage and protec­tion benefits are triggered for pay­ment that excess insurance coverage must be greater than primary insurance coverage. Porter v. Utah Home Fire Ins. Co., 58 Or App 729, 650 P2d 130 (1982)

Policy which covers vehicle involved in collision or accident is primary as against policy not covering vehicle. Utah Home Fire Ins. Co. v. Colonial Ins., 300 Or 564, 715 P2d 1112 (1986)

Where plaintiff presently has no entitle­ment to underinsured motorist benefits under her own insurance contract, per­sonal injury protec­tion insurance benefits under defendant’s insured’s contract are not excess over underinsured motor coverage. Farley v. Farmers Insurance Co. of Oregon, 83 Or App 99, 730 P2d 598 (1986)

Medical assistance pay­ments made by the state under ORS chapter 414 are “govern­mental benefits” within the meaning of this sec­tion and thus per­sonal injury protec­tion benefits are limited to expenses that exceed any medical assistance pay­ments. Farmers Insurance Co. of Oregon v. Wickham, 86 Or App 100, 739 P2d 30 (1987)

(formerly 743.800 to 743.835)

Notes of Decisions

Nothing in PIP statutes prohibits plaintiff from pleading and proving all special damages in a civil ac­tion, even though plaintiff has received PIP benefits from his insurer. Koberstein v. Sierra Glass, 65 Or App 409, 671 P2d 1190 (1983), as modified by 66 Or App 883, 675 P2d 1126 (1984), Sup Ct review denied

PIP endorse­ment which offsets PIP pay­ments against policy’s liability limits does not contravene PIP scheme of these statutes. Edwards v. Bonneville Automobile Insurance Co., 68 Or App 863, 683 P2d 142 (1984), aff’d 299 Or 119, 699 P2d 670 (1985)

1 Legislative Counsel Committee, CHAPTER 742—Insurance Policies Generally; Property and Casualty Policies, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors742.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 742, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano742.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information