Utah Car Accident Lawyers

UTAH CAR ACCIDENT FAQS

Car accidents can be frustrating and devastating. You’re likely to have questions about medical treatment, car repairs, damages, paperwork, and more. Here are answers to some of your frequently asked questions about Utah car accidents from our personal injury attorneys:

What Is the First Thing I Should Do after a Car Accident?

Call 911. Always call 911 after a car accident. If someone requires emergency medical care, paramedics should be summoned without delay. Any concerns of lesser importance may be taken care of once help is on the way. After the police and paramedics are en route to the scene and you have provided first aid, you should exchange contact and insurance information with the other drivers and witnesses involved, take pictures of the accident and surrounding area, make a note of the time and record any details that seem relevant.

Can I Just Settle a Car Accident On-site?

Settling a car accident immediately on-site is problematic for a number of reasons: You aren’t likely to have things wholly in perspective right after an accident. You almost certainly don’t know what the damage will actually cost. Plus, accident survivors might be under pressure to accept less compensation than they are entitled to. Settlements should be made objectively and dispassionately. That cannot happen on-site in the aftermath of a car accident.

How Should I Interact with Insurance Providers after a Car Accident?

You should interact cautiously with insurance providers after a car accident. Particularly when dealing with someone else’s insurance company, you should be careful what kind of information you divulge and how. Insurance companies may make it sound as though sharing certain records is standard procedure or mandatory. But aside from the accident report you fill out for the police and the process of making a claim, few things must be shared upon demand. A car accident attorney can handle interactions with insurance providers for you.

Will I Need to See a Doctor after a Car Accident?

Yes! You always need to see a doctor after a car accident! You may not have suffered a visible scratch, and you may feel fine, but not all damages are apparent. In fact, many are effectively masked by adrenaline in accident scenarios. If something is wrong with you, you may be the least qualified to detect it or to appreciate its gravity. A medical professional knows best when you should seek treatment after an accident.

What Role Will My Medical Records Play in a Car Accident?

Besides constituting an important part of your evidence, medical records play a role in a car accident to project the cost of treatment, length of recovery, and financial loss. Knowing the probable price of treatment can help to determine how you want to seek financial relief and ultimately what you want to receive in compensation. Medical records prove your case and ultimately set the stage to determine the probable value of the claim.

What Damages Can I Recover for a Car Accident in Utah?

Utah law in 31A-22-307 entitles an accident victim to up to $3,000 in PIP coverage. The victim may also recover damages up to the limits of their no-fault and uninsured/underinsured motorist policy through their own insurer. If the case meets the threshold for serious or permanent injury or disability, the victim may go outside the no-fault system and pursue a personal injury claim to recover a variety of damages, including economic losses and non-economic injury, including pain and suffering.

What If I Was Partially to Blame for a Utah Car Accident?

Because Utah is a no-fault state, even a person who contributes to their own injuries in an accident may seek compensation under their insurance coverage. Where there is an injury, there is an opportunity for a claim. Comparative fault may not be cited as grounds for an insurer to deny a claim. However, the compensation that a victim receives in a lawsuit against the other driver may be reduced by their percentage of fault through Utah’s comparative negligence laws. The victim may be denied compensation completely in a legal claim if they are 50% or more to blame for a car accident in Utah.

How Long Do I Have to File a Claim for a Car Accident in Utah?

The statute of limitations for filing a car accident claim in Utah is four years from the accident. However, there are some exceptions for the delayed discovery of harm, child victims, and mentally disabled individuals. In addition, the statute of limitations may be much shorter for filing a claim in cases of wrongful death or when the defendant is a government entity.

Who Can Be Held Liable for Damages after a Utah Car Accident?

Any party whose conduct causes or worsens an accident can be held liable for damages after a Utah car accident. This can mean that another driver is at fault. It can mean that a construction company is at fault for failing to post warnings, and it can mean that an auto manufacturer was negligent in constructing working airbags, for example. It’s important to conduct an investigation to determine who can be held liable for damages based on the unique circumstances of the accident.

Can a Passenger Hold the Driver Responsible for My Car Accident Injuries?

If the driver’s negligent behavior causes their passengers injury, then yes, the passengers may hold them responsible for car accident injuries. A driver has a duty to the passengers of their own vehicle just like they have a duty to other drivers on the road. If they are negligent in a way that causes injuries, the driver may be responsible to others in their own vehicle.

If the Other Driver Was Uninsured or Underinsured, Am I out of Luck for Car Accident Compensation?

No. If the other driver is uninsured or underinsured, you’re not necessarily out of luck for car accident compensation. This is what uninsured and underinsured coverage is for. Plus, there may be other parties, like a vehicle manufacturer, that are responsible for damages. Furthermore, if that coverage fails to cover the cost of an accident, you have the option of suing the at-fault party without going through their inadequate insurance.

What Can I Do If I Remember Important Details of a Car Accident Later?

Generally, you want to be as consistent as possible from the very beginning. On the other hand, people make mistakes – especially after auto accidents when heads may not be clear because of injury and stress. If you realize later on that your first statement about the accident wasn’t quite on the mark, you should change it. An attorney can help you make this kind of amendment effectively to ensure that you don’t jeopardize your rights.

How Do I Know I Need to Contact a Personal Injury Attorney for a Car Accident in Utah?

You need to contact a personal injury attorney for car accidents in Utah if you have moderate or serious injuries, if there are questions of fault or if you don’t believe that you are fairly receiving the compensation that you deserve. An attorney can help you understand your rights and respond appropriately, whether that means evaluating the action of the insurance company or taking legal action on your behalf. They can help you understand if it’s appropriate to go it alone in your circumstances or if you may benefit from the services of a personal injury attorney for car accidents.

How Long Will I Have to Wait for Compensation after a Car Accident?

According to Utah law 31A-26-301.6(3)-(4), insurers must begin payments for medical compensation within 30 days of settlement and within 45 days for income replacement benefits. Depending on the complexity of the accident, it may take anywhere from several weeks to a year or more to resolve the case. It’s important not to rush the claim at the expense of losing the compensation that you may deserve. An attorney can help you both move your claim for compensation quickly while balancing the need to take steps to maximize your compensation.

How Will I Get Around When My Car Is Impounded after an Accident?

If your car is beyond use after an accident, it may be up to your insurance company to provide you with temporary transportation. The other party’s insurance company may also be on the hook. It depends on the insurance policy and the coverage provided. Claiming a vehicle may be difficult when a case is hotly disputed, but your own insurance may cover some of the cost.

What Are My Rights as a Bicyclist Involved in a Car Accident?

As a bicyclist, you have the same rights and responsibilities in a car accident as a motorist. However, you cannot simply insure your bicycle in the same way a motorist would insure their vehicle. If you are in a bicycle accident, you should look for compensation under your auto insurance policy or the driver’s liability coverage. You may have the right to bring a legal claim for financial compensation.