Though Utah’s code section 41-61-401 is clear about the law related to vehicle accidents, every accident has its own set of peculiarities. Some of these are covered by the law, while many are open to interpretation. The result is that most victims involved in a car crash are confused about the strengths and weaknesses of their case.
Our team of bodily injury lawyers teamed up, pooled their knowledge, and answered many nagging questions in an online interaction with victims. Here is a transcript that contains some of the key questions:
The at-fault driver does not have an insurance policy. What should I do?
Utah is a no-fault insurance state and if the uninsured at-fault driver has caused you bodily injury and/or has damaged your vehicle, you should ask your bodily injury lawyer to file a personal compensation claim against him, which he is liable to pay from his pocket.
Tip: Check with Insure-Rite if the at-fault driver has insurance.
I was driving without a license and the at-fault party caused the accident. What does the law say about this situation?
If you had insurance but were driving without a license, you will be charged with a Class B Misdemeanor. Your license will be suspended, your car may get impounded, and you will get a fairly expensive ticket if this was your first ($400) or repeat ($1,000) offense. However, you can file a compensation claim against the at-fault driver and his insurance company.
However, if you did not have insurance, then you can be held liable for bodily injuries and property damages. The answer to this question is rather long and riddled with nuances, and we will clarify it in depth when you decide to take advantage of our free meeting offer.
My car swerved off the road and smashed into a tree. My airbag didn’t get activated. Can I file a compensation claim with the car manufacturer?
The answer depends on the following questions:
- Did you get a notice for airbag replacement?
- If yes, and if you complied, then sure, you can sue the manufacturer.
- If yes, and you did not comply, then you may not be in a position to sue. However, there are many ifs and buts involved, and therefore it would be best to consult your bodily injury lawyer to dig deeper.
- If no, then you can sue the company.
- Did you modify or remove the airbag system (Utah Code Section 41-1a-1010)?
- If you did, then your case weakens considerably. But then again, you need to discuss the circumstances that made you do this with your bodily injury lawyer.
Do personal injury attorneys in Utah work on a contingency fee basis? If so, what percentage is the contingency fee?
Yes, all experienced and skilled lawyers work on a contingency fee basis – that is, you don’t pay if you don’t win. Typically, lawyers calculate your compensation claim and add their fees to it. On average, about 33% of the compensation claim represents a lawyer’s fee. The agreement that you enter into with the lawyer specifies the fee, court costs, if any, etc.
And, remember, no case is too big or too small irrespective of how skilled or experienced the bodily injury lawyer is.
A government employee was at fault? Can I claim compensation from the Utah government?
Every state government shields itself and its employees with special immunity laws, and claiming compensation from the government depends on the circumstances of the case. For example, a motorist was passing by the Murray City Golf Course when a golf ball smashed through his window. He filed a compensation claim with the city but was told that Utah’s Governmental Immunity Act protected the city and that no compensation was payable.
However, under some circumstances it is possible to file a compensation case with the Utah state if the following conditions are fulfilled:
- The victim was injured and/or his property was damaged by the acts of a government employee.
- The employee was on official duty.
- The employee was negligent or wrong.
- The employee’s negligence or wrongful act caused the injury/damage.
The victim’s compensation claim must include documents that prove that the claim satisfies all the conditions laid down by the Federal Tort Claims Act (FTCA).
This FAQ represents some of the queries raised by the participants. If you would like to know more, we urge you to take advantage of our free meeting offer.
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