Rejected: A Desperate Attempt to Recover Expenses

Claims Alleged: Personal Injury/Automobile Collision

Amount Claimed: $70,000-$250,000

The Background

In a case that started out as a relatively straightforward personal injury claim between two motorists, Smith Freed Eberhard secured a victory on a motion for summary judgement.

The Case

When Smith Freed Eberhard was first assigned the case, we were able to negotiate a settlement and release with the would-be plaintiff for a little over $70,000 (the nature of the injuries could have easily led to a jury verdict of more than $250,000). After the settlement was executed, the would-be plaintiff’s insurer attempted to recoup their PIP expenses by filing a petition for arbitration under ORS 742.061 against the defendant’s insurer in Multnomah County Circuit Court.

The Outcome

Ultimately, the court was persuaded and granted Smith Freed Eberhard’s motion for summary judgement on grounds that the plaintiff had released all claims against the defendant forever, and that the instant lawsuit was time barred. The firm’s efforts saved the defendant’s carrier nearly $55,000 in PIP costs, avoided what would have been a costly trial, and came out with a win for our carrier and their insured.