Oregon Revised Statutes Chapter 742 § 742.544 — Reimbursement for benefits paid

Reimbursement for benefits paid. (1)(a) As used in this subsection, “total amount of the recovery” means the amount that a person injured in a motor vehicle accident recovers from: (A) Underinsured motorist benefits described in ORS 742.502 (2); (B) Liability insurance coverage the injured person receives from other parties involved in the motor vehicle accident; (C) Personal injury protection benefits or health insurance benefits; and (D) Any other payment by or on behalf of the party that caused the motor vehicle accident. (b) An insurer may not receive a reimbursement or subrogation for personal injury protection benefits or health benefits the insurer provided to a person injured in a motor vehicle accident from any recovery the injured person obtains in an action for damages except to the extent that: (A) The injured person first receives full compensation for the injured person’s injuries; and (B) The reimbursement or subrogation is paid only from the total amount of the recovery in excess of the amount that fully compensates for the injured person’s injuries. (2) For purposes of this section, the following rebuttable presumptions apply: (a) The amount of any judgment that an injured person obtains is the amount necessary to fully compensate for the injured person’s injuries. (b) An injured person has received full compensation for the injured person’s injuries if the amount of the recovery is less than the coverage available to the injured person from the sum of benefits paid under another person’s motor vehicle liability policy, under an underinsured motorist policy described in ORS