How Car Accident Compensation Works in Utah

When it comes to car accidents, Utah is a no-fault state. That means that regardless of who is a fault for the accident, you file a claim with your insurance company first. However, if you meet certain legal criteria, you can also pursue compensation from the at-fault driver.

In cases involving fault, Utah also follows a rule called a “modified comparative negligence” system. This is means if you are less than 50 percent at fault, you can recover damages minus the percentage you were found at fault for. So for example, if you are 40 percent at fault, then you can only recover 60 percent. If you are 60 percent at fault, you can’t recover.

Every state has its own car insurance requirements. Under Utah law, the following are requirements for all registered vehicles:

• Personal Injury Protection (PIP) coverage. Covers medical expenses of at least $3,000 per person. You can also add coverage for lost wages.
• Bodily injury (BI). Covers a minimum of $25,000 per person and  $65,000 per accident.
• Property damage. Covers a minimum of $15,000 per accident.

In addition, Utah drivers can purchase several types of optional coverage, such as:

• Collision. Collision covers damages to your vehicle after a car accident, regardless of fault.
• Comprehensive. This type of insurance covers repair costs to your vehicle in an incident that was not a collision. Some examples include hitting an animal, theft, fire, and vandalism.
• Medical payments (MedPay). This insurance pays your medical bills after an accident, regardless of fault.
• Uninsured/underinsured. This type of insurance protects you in the event that an uninsured driver causes your accident.

The type of insurance you have, as well as the other driver’s insurance, can make a significant difference in your case.

Because Utah is a no-fault state, you must fit certain criteria to “step outside” the no-fault system and pursue a liability claim or lawsuit. Specifically, you must either have at least $3,000 in medical bills, or have an injury that causes permanent disability, impairment, disfigurement, or dismemberment.

It’s important you don’t delay if you are thinking of filing because you only have a limited amount of time. In Utah, if you were injured in a car accident, you have four years to file a lawsuit. If you want to file a lawsuit due to the damage caused to your vehicle or other property, you have a three-year deadline. The clock starts running on the day of your accident.

If someone was killed as a result of the car accident, the statute of limitations is two years if the family of the victim chooses to file. Unlike injury and property damage claims, in a wrongful death claim the clock starts running on the date of the victim's death as opposed to the date of the accident.

As mentioned above, the “modified comparative negligence” rule means that if fault for the accident is shared, you can still be awarded compensation, but your percentage of fault will be calculated into the total.

Different factors are considered when determining the value of your car accident claim. Generally, these factors include, the severity of your injuries, the effects they’ve has on your daily life, and the insurance available to cover them.

When it comes to receiving a financial sum after your car accident, there are two types of damages you can be compensated for: economic and non-economic.

Economic damages are all these things that have a set dollar value. Some common examples include:

• Medical bills: Present and future medical costs like surgery, non-surgical treatments, and medications.
• Property damage: This includes costs to repair damage to your vehicle or other property.

Lost income: The income you lost because your injury caused you to miss work.

Non-economic damages are more subjectively determined, but no less real. Some common examples include:

• Pain and suffering: Physical and emotional pain and discomfort.
• Loss of consortium: The loss of intimacy and comfort in partner and family relationships.

Although uninsured motorist coverage is not required in Utah, it is important to have it in case you’re hit by an uninsured driver. With this coverage, all you have to do is file a claim with your insurance to have the damages covered. You can also file a claim for PIP benefits and any other no-fault benefits you may have on your policy.

Even if you’re dealing with your own insurance company, it’s still best to have an attorney handing your uninsured motorist claim. Your lawyer can advocate for your interests and identify all possible sources of compensation.