Q: How can I remove a PIP claim from someone not written on my auto insurance policy?
My mother in law filed a PIP claim against my auto insurance, for an accident I had no involvement in from 11/16. It's is a last ditch effort by her lawyer to get money. She is not written on my policy but did live with us at the time. GEICO has left it in limbo for months and it looks like my insurance will be cancelled during renewal. I am being audited by the underwriters and it's looking like they will use # of claims against me to not renew. This somehow created 2 claims for the same accident.
A: You can't, and honestly its not a last ditch effort, its what the law is, she is covered if she lived with you. https://www.oregonlaws.org/ors/742.520
Geico is a big company and can evaluate whether or not your mother-n-law's claim should be paid or not. If she was driving or was a passenger in your insured vehicle she may be entitled to a PIP claim. If she was living in your household and you forgot to add her to your policy as a family member, then you may be in breach of your obligation to declare all household members who drive your vehicles or could drive your vehicles.
PIP claims are usually not counted against the insured. Accidents under the policy are counted. I don't think the PIP claim is your main problem.
I'm guessing the real problem is that your mother-n-law lived with you and you let her drive your car and she had an accident while driving your car. But this is just a guess and to really figure this out you may need to consult more completely with an Attorney. You can also speak to the Oregon Insurance Commissioner's office as they are often helpful in explaining Oregon's insurance laws and what insurance company's can and can't do. https://dfr.oregon.gov/Pages/index.aspx
FYI Geico has a bad reputation among PI lawyers as Geico often plays a lot of games with insurance claims.
You describe the PIP claim as a last ditch effort to get money. A PIP claim will not generally result in money for claimant; it is basic coverage for medical expenses, lost wages, and economic losses. You mention the creation of two claims. If the accident resulted in the creation of a PIP claim and the second claim is a bodily injury claim from the other vehicle, the BI claim would be of greater concern in the realm of policy renewal. If that's the case, follow developments in the BI claim. Good luck
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