2017 ORS 742.544¹
Reimbursement for personal injury protection benefits paid

(1) A provider of personal injury protection benefits shall be reimbursed for personal injury protection payments made on behalf of any person only to the extent that the total amount of benefits paid exceeds the damages suffered by that person. As used in this section, “total amount of benefits” means the amount of money recovered by a person from:

(a) Applicable underinsured motorist benefits described in ORS 742.502 (Uninsured motorist coverage) (2);

(b) Liability insurance coverage available to the person receiving the personal injury protection benefits from other parties to the accident;

(c) Personal injury protection payments; and

(d) Any other payments by or on behalf of the party whose fault caused the damages.

(2) Nothing in this section requires a person to repay more than the amount of personal injury protection benefits actually received. [1993 c.709 §9; 2015 c.5 §5]

Notes of Decisions

Offset is available only if cause of injury or damage occurred on or after November 1, 1993, regardless of when full measure of damages became known. Horlacher v. Mid-Century Insurance, 143 Or App 564, 923 P2d 1317 (1996)

This sec­tion limits amount of reimburse­ment available to insurer under other statutes, but does not confer independent entitle­ment to reimburse­ment. Gaucin v. Farmers Insurance Co., 209 Or App 99, 146 P3d 370 (2006)

Where insurer has paid uninsured/underinsured motorist benefits, per­sonal injury protec­tion pay­ment reimburse­ment from insured is subject to limita­tions imposed by ORS 742.542 (Effect of personal injury protection benefits paid). Farmers Insurance Co. v. Conner, 219 Or App 337, 182 P3d 878 (2008), Sup Ct review denied

Law Review Cita­tions

44 WLR 253 (2007)

1 Legislative Counsel Committee, CHAPTER 742—Insurance Policies Generally; Property and Casualty Policies, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors742.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 742, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano742.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.