Family Exclusion Bills

[Guest guest]

Doctors:I want to write to you about some pending legislation in Oregon that I would ask your support on, as it does effect us as professionals, as well as our patients/clients.  I also say this as a lawyer who represents DCs in serious injury cases.If you work in the field of motor vehicle collisions for long, you become more than a bit concerned about the safety of your loved ones.  Some of us research cars, car seats, child restraints, etc. in order to prevent collisions, or minimize the impact if a collision does take place.  But, in the event you do get hit and seriously injured, you also want to ensure that there is sufficient insurance coverage there to offset your financial losses.  Some people buy insurance to protect their assets.  For me, I'm more concerned about my family or I getting hit by someone with little or no insurance.  So, I insure myself heavily with the best insurer I can find.Taking all of these issues very seriously in my own life, I was shocked to find out a few years back that even if you do all these things, and buy the best insurance you can find, that an insurer can give you an insurance contract with what is called a "family exemption" clause in it.  What this clause does is undo everything you are trying to do by buying high coverage insurance.  It effectively takes all of that extra insurance premium you paid to get maximum coverage for your family and takes it down to the bare minimum policy required by law - $25,000.  So, lets talk about the real world problems created by this:1.  Your son turns across a lane of traffic with your daughter in the passenger seat.  They get hit broadside in the passenger seat, your daughter ends up with $200,000 in medical bills, and is quadraplegic.  That $1 million in liability coverage you bought for yourself and your family is now worth $25,000 because the collision that injured your daughter was caused by her family member.  2.  You fall asleep at the wheel, drive into a tree and your wife ends up with a catastophic brain injury.  She requires lifetime care which will cost $2.5 million.  Your $3 million umbrella policy that you bought to ensure the well being of your family is now worth $25,000.3.  Your ex-wife takes your child out of the car seat while driving down the road, oversteers, flips the car and kills your child.  The total value of your childs life is $25,000.  These might seem really extreme cases to prove my point.   But, I presently have two serious cases similar to these where an insurer is using the Family Exemption clause against their own policyholders.   These cases are real, and as a professional the last thing you want is to buy the insurance and then not have it when you happen to be injured by someone you are related to.In response to this problem, the Oregon Trial Lawyers proposed HB3086.  It passed the house 45-13.  But, it seems to be facing resistance in the Senate.  Please contact your Senators today to ensure that you have the insurance coverage you need, when you need it most.  Please see below for further details.Respectfully, DeShaw, D.C., J.D. Dr. DeShaw, Esq., P.C.Portland OfficeFox Tower805 SW Broadway, Suite 2720Portland, OR 97205(503) 227-1233Seattle OfficeColumbia Center701 5th Ave., Suite 4200Seattle, WA 98104(206) 262-7660www.doctorlawyer.net Your letters and phone calls are needed to help pass HB 3086, a motor vehicle bill that is crucial for OTLA members and your clients. HB 3086 closes both the family exclusion loophole and the exemption for government vehicles.  The Bill passed the House on a 45-13 bipartisan vote. It is currently before the Senate Rules Committee.  We believe it will go to the full Senate soon.  The insurance industry is pulling out all the stops to get to every Senator from both parties in a last ditch effort to stop this long needed fix to Oregon's unfair limitation on recovery by family members and relatives who live in the same home.Urge your Senator to pass HB 3086 and tell them:  HB 3086 fixes two separate antiquated provisions of Oregon law that have blindsided far too many Oregon consumers after they have been in serious automobile accidents.  Tell legislators that Oregonians deserve fairness and the insurance protection they paid for.The bill: * Closes the family exclusion loophole:  Oregon drivers find that their insurance policy doesn't provide the protection they paid for if an accident involves and injures a family member.  The loophole lets insurance companies pay the legal minimum to family members of drivers - even when a driver has paid for far greater protection.  Family members should not be penalized for driving together.  HB 3086 ends the family exclusion loophole.* Closes the government exemption loophole:  Oregonians who purchase an umbrella policy find that it is useless if they are hit and injured by a driver of a government vehicle.  Closing this loophole doesn't cost the government or taxpayers anything - it allows umbrella policy holders to file a claim against their own insurance policy if hit by a government vehicle - and receive damages for their injuries up to the limits of their own policy.Why should a friend, your neighbor or even a stranger have more protection than your spouse, your children or grandchildren?  HB 3086 is needed to reinstate fairness to Oregonians and ensure they receive the coverage they pay for.Write or call your Senators today! Don't know who your Legislators are or how to contact them? Go to the Oregon State Legislature website and search by your zip code: http://www.leg.state.or.us/findlegsltr/Thank you, Amy Amy Development and Outreach Director Oregon Trial Lawyers Association tel: 503.223.5587 x105 - fax: 503.223.4101 www.oregonjuries.org