As Utah is a no-fault insurance state, a victim of a car accident has to first file for a personal injury claim with his insurance company (first-party claim), and if his injuries exceed $3,000 in medical bills, which is the minimum required PIP (Personal Injury Protection) in the state, the victim can file a claim with the at-fault party’s insurance company (third-party claim).
Now, dealing with insurance can result in a huge headache, and many victims are often unaware of their rights and duties when it comes to filing claims. Therefore, our team of Utah-based car accident law specialists put together a brief insurance-related FAQ that can help.
What action can a victim take if the at-fault driver does not have adequate insurance?
Utah requires all car drivers to buy a minimum of $ 3,000 as PIP and the following minimum liability coverage:
- $25,000/accident/person for bodily injury liability
- $65,000/accident overall for bodily injury liability if more persons are involved
- $15,000/accident for property damage liability
Utah’s car accident law requires the victim to first exhaust his PIP and then file a claim with the victim’s insurance company. If the at-fault party does not have adequate insurance to cover the victim’s claim, then the victim has no option left other than to sue him for negligence.
What happens after the victim files a claim with the at-fault party’s insurance company?
The company investigates the claim and offers a settlement if they determine that their client, i.e., the at-fault party, was responsible for the accident. However, companies do not make any offer or settle any claim until the victim completes his medical treatment of the accident injuries.
As a result, victims face a long ordeal if the accident is severe and the treatment takes time. Moreover, some symptoms show up after several weeks. Utah’s car accident laws are silent on this issue – and therefore, victims should hire an experienced car accident lawyer to help them tackle the at-fault party and his insurer.
Victims also should not sign any “release for damages” agreement or any paper offered by the insurance company until they discuss the case with their lawyer.
Can the victim recover property damages even if his bodily injury claim is outstanding?
Yes, absolutely. Utah’s car accident laws specify that if the victim and the insurance company are in agreement about the extent of property damages even while the bodily injury claim hangs in balance, then an insurance company cannot refuse to pay the agreed-upon property damage claim.
Still, it is always recommended to obtain a lawyer’s advice before signing anything with the insurance company – one never knows how the fine print can trip a victim.
How long does it take for the insurance company to contact the victim?
As per Utah’s insurance rules R590-190, an insurance company must contact a victim within 15 days from the date the claim was filed. The company gets 30 days to accept or deny the claim – however, if its investigation cannot be completed within this period, then it gets more time.
How is the victim’s property damage bill processed by the at-fault party’s insurance company?
The at-fault party’s insurance company typically asks for several estimates and no provision in Utah’s car accident law that stops them from doing so. Victims are not obliged to use a repair shop recommended by the insurance company though. However, if the victim’s repair shop’s estimate is higher than the shop recommended by the company, then the victim has to bear the excess.
Also, if the victim betters his vehicle by getting new parts installed instead of repairing them, the insurance company will refuse to pay such “betterment” charges. However, the company has to itemize the deductions on account of such “betterment,” and explain them.
We hope this FAQ clarified some nagging questions. If you have more, or are looking to hire a car accident lawyer in Utah, please take advantage of our free initial meeting offer.
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