Practice AreasCar Accidents

Utah Car Accident Lawyers’ Factsheet

The most common causes of car accidents in Utah are speeding, distracted driving, not buckling up, teen driving, and weekend rush. Because filing for a claim or dealing with the state’s no-fault insurance laws can be complicated, we as Utah car accident lawyers have fleshed out the laws and created a fact sheet that is likely to help folks who are wary about car accidents and unsure about the law.

What Is No-Fault Car Insurance?

Utah follows a no-fault car insurance system, which is designed to reduce or eliminate costs involved with claims and legal processes. No-fault insurance helps you cover you and your passengers’ medical expenses, regardless of who caused the accident (i.e., regardless of who is at-fault).

You can submit a no-fault claim to your insurance company instead of submitting it to the other party’s insurance provider.

Utah’s no-fault rule specifies that your vehicle insurance policy should cover expenses for treatment of injuries and property damage incurred in a car accident.

What Is The Car Accident Insurance Policy Mandated By The State?

Utah law mandates a 25/65/15 liability policy. The 25/65/15 means that if you are responsible for a car accident that damages another car and injures its occupants, your insurance company will pay up to $25,000 per injured person subject to a maximum of $65,000 for all the injured persons. The insurance company will also pay a maximum of $15,000 for the damage you caused to the other car. This is the minimum-liability insurance cover mandated by Utah law. However, insurance policies may offer other policies that cover a higher liability for physical injury and property damage.

The law also requires you to buy a minimum of $3,000 of PIP (Personal Injury Protection) policy that reimburses you for injuries caused regardless of who is at fault.

You need to maintain the no-fault car insurance throughout the registration period of the vehicle. If you are unsure or are from a different state, it is best to get in touch with us as we deal with this everyday as Utah car accident lawyers.

Can I Go Beyond Utah’s No-Fault Insurance System To Pursue A Claim?

Yes, you can pursue a claim with an at-fault driver if you or your injured passenger has spent more than $3,000 on account of personal injuries caused by the accident. Or, if you or a passenger suffers serious injuries such as permanent disability, disfigurement, impairment, or dismemberment in the accident, you can sue the at-fault driver for even non-economic losses.

What Happens If Multiple Drivers Are Involved In The Same Car Accident?

If multiple drivers are responsible for the same car accident, the Modified Comparative Fault Rule comes into play. A percentage of the fault is assigned to each driver, and this percentage is deducted from the reimbursement of the damage awarded to each driver at fault. For example, if a driver is 20% at fault, then the reimbursement awarded to him will be reduced by 20%. However, if a driver is more than 50% at fault, then he does not qualify to collect any reimbursement for damages sustained.

What Does The Statute Of Limitations Say?

By and large, the law allows individuals to file a lawsuit within 4 years from the date of the accident. If the suit is against a county, city, or town, you have to file it within 1 year.

If the individual dies in the accident, his surviving family members get 2 years from the date of his death to file a wrongful death lawsuit.

It is important to file car accident claims correctly and in time. Such claims are tricky to file and are best handled by an experienced Utah car accident attorney like us at White and Garner.

What Are The Types Of Damages And Is There A Cap On Claiming Any?

People can file for punitive or compensatory damages. Compensatory damages include any loss to earning capacity, permanent disability, pain and suffering, medical expenses, and repairs.

Punitive damages are claimed to punish the defendant for any wrong he has done (for example, DUI). Such damages can also be claimed from insurance companies that have denied claims in bad faith.

Been In A Car Accident?

Car accident insurance and damages-related litigation can get tricky and messy. Especially if you intend to sue the government, or are unsure about stepping out from the no-fault insurance laws.

If you are involved in a car accident, it would be best to let a competent Utah car accident lawyer handle the legalities.

Learn More About Personal Injury Cases
370 E. South Temple, Suite 200 Salt Lake City, UT 84111

Copyright © 2023 Garner Law Firm. All Rights Reserved.