ABSTRACT
Certain identifying details have been modified slightly to protect this man’s identity. Mr. D. (not his real initial) was 62 when he was evaluated 40 months after a motor vehicle accident (MVA). His vehicle had been struck by another vehicle from the rear. The attorney referred him for independent neuropsychological examination for his insurer prior to binding arbitration regarding an underinsured motorist claim. Under Oregon law, monetary awards for underinsured motorist claims are reduced by the amount paid by the driver at fault, and he already had received a settlement from the insurer for the other driver.
