ORS 742.526: Primary nature of benefits.

(1) The personal injury protection benefits with respect to: (a) The insured and members of the family of the insured residing in the same household injured while occupying the insured motor vehicle shall be primary. (b) Passengers injured while occupying the insured motor vehicle shall be primary. (c) The insured and members of family residing in the same household injured as pedestrians shall be primary. (d) The insured and members of family residing in the same household injured while occupying a motor vehicle not insured under the policy shall be excess. (e) Pedestrians injured by the insured motor vehicle, other than the insured and members of family residing in the same household, shall be excess over any other collateral benefits to which the injured person is entitled, including but not limited to insurance benefits, governmental benefits or gratuitous benefits. (2) The personal injury protection benefits may be reduced or eliminated, if it is so provided in the policy, when the injured person is entitled to receive, under the laws of this state or any other state or the United States, workers’ compensation benefits or any other similar medical or disability benefits. [Formerly 743.810]