72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1280
House Bill 2572
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Increases motor vehicle liability coverage required for
personal injury and property damage.
A BILL FOR AN ACT
Relating to motor vehicle liability coverage; creating new
provisions; and amending ORS 742.524, 806.060 and 806.070.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 742.524 is amended to read:
742.524. (1) Personal injury protection benefits as required by
ORS 742.520 shall consist of the following payments for the
injury or death of each person:
(a) All reasonable and necessary expenses of medical, hospital,
dental, surgical, ambulance and prosthetic services incurred
within one year after the date of the person's injury, but not
more than { - $10,000 - } { + $25,000 + } in the aggregate
for all such expenses of the person. Expenses of medical,
hospital, dental, surgical, ambulance and prosthetic services
shall be presumed to be reasonable and necessary unless the
provider is given notice of denial of the charges not more than
60 calendar days after the insurer receives from the provider
notice of the claim for the services. At any time during the
first 50 calendar days after the insurer receives notice of
claim, the provider shall, within 10 business days, answer in
writing questions from the insurer regarding the claim. For
purposes of determining when the 60-day period provided by this
paragraph has elapsed, counting of days shall be suspended if the
provider does not supply written answers to the insurer within 10
days and shall not resume until the answers are supplied.
(b) If the injured person is usually engaged in a remunerative
occupation and if disability continues for at least 14 days, 70
percent of the loss of income from work during the period of the
injured person's disability until the date the person is able to
return to the person's usual occupation. This benefit is subject
to a maximum payment of $1,250 per month and a maximum payment
period in the aggregate of 52 weeks. As used in this paragraph,
'income' includes but is not limited to salary, wages, tips,
commissions, professional fees and profits from an individually
owned business or farm.
(c) If the injured person is not usually engaged in a
remunerative occupation and if disability continues for at least
14 days, the expenses reasonably incurred by the injured person
for essential services in lieu of the services the person would
have performed without income during the period of the person's
disability until the date the person is reasonably able to
perform such essential services. This benefit is subject to a
maximum payment of $30 per day and a maximum payment period in
the aggregate of 52 weeks.
(d) All reasonable and necessary funeral expenses incurred
within one year after the date of the person's injury, but not
more than $2,500.
(e) If the injured person is a parent of a minor child and is
required to be hospitalized for a minimum of 24 hours, $15 per
day for child care, with payments to begin after the initial 24
hours of hospitalization and to be made for as long as the person
is unable to return to work if the person is engaged in a
remunerative occupation or for as long as the person is unable to
perform essential services that the person would have performed
without income if the person is not usually engaged in a
remunerative occupation, but not to exceed $450.
(2) With respect to the insured person and members of that
person's family residing in the same household, an insurer may
offer forms of coverage for the benefits required by subsection
(1)(a), (b) and (c) of this section with deductibles of up to
$250.
SECTION 2. ORS 806.070 is amended to read:
806.070. (1) This section establishes a schedule of payments
for the following purposes:
(a) An insurance policy described under ORS 806.080 must
provide for payment of at least amounts necessary to cover the
minimum required payments under this section to qualify for use
for financial responsibility under ORS 806.060.
(b) A deposit under ORS 806.115 is subject to payment limits
according to the schedule of payments established by this
section.
(c) A bond under ORS 806.090 is subject to payment limits
according to the schedule of payments established by this
section.
(d) A person who is self-insured under ORS 806.130 must agree
to pay according to the payment schedule established by this
section.
(e) The payment schedule is the minimum required payment of a
judgment for purposes of ORS 809.020, 809.130 and 809.410.
(2) The schedule of payments is as follows:
(a) { - $25,000 - } { + $50,000 + } because of bodily
injury to or death of one person in any one accident;
(b) Subject to that limit for one person, { - $50,000 - }
{ + $100,000 + } because of bodily injury to or death of two or
more persons in any one accident; and
(c) { - $10,000 - } { + $25,000 + } because of injury to or
destruction of the property of others in any one accident.
SECTION 3. ORS 806.060 is amended to read:
806.060. A person who is required to comply with the financial
responsibility requirements of this state must be able to respond
in damages, in amounts required under this section, for liability
on account of accidents arising out of the ownership, operation,
maintenance or use of motor vehicles and must establish that
ability by one of the methods required by this section. All of
the following apply to the financial responsibility requirements
of this state:
(1) To meet the financial responsibility requirements, a person
must be able to respond in damages in amounts not less than those
established under the payment schedule under ORS 806.070.
(2) A person may only comply with the financial responsibility
requirements of this state by establishing the required ability
to respond in damages in one of the following ways:
(a) Obtaining a motor vehicle liability policy meeting the
requirements under ORS 806.080 that will provide at least minimum
limits necessary to pay amounts established under the payment
schedule under ORS 806.070.
(b) Maintaining a bond of the type described in ORS 806.090 of
at least the value of { - $60,000 - } { + $125,000 + }.
(c) Making a deposit under ORS 806.115 of at least
{ - $60,000 - } { + $125,000 + } in cash or appropriate
securities.
(d) Becoming self-insured as provided under ORS 806.130.
SECTION 4. { + (1) The amendments to ORS 742.524 and 806.070
by sections 1 and 2 of this 2003 Act apply a motor vehicle
liability policy issued or renewed on or after the effective date
of this 2003 Act.
(2) The amendments to ORS 806.060 by section 3 of this 2003 Act
apply to all bonds of the type described in ORS 806.090 and all
deposits made under ORS 806.115, whether the bond or deposit was
issued or made before, on or after the effective date of this
2003 Act. + }
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