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Utah Car Accident Laws

Posted on June 30, 2022

As the victim of a car accident, you may assume the party liable for your injuries will be responsible for paying your medical costs and other accident-related expenses.  However, this depends on the state in which you live and whether you shared in any fault for the car accident.

To find out about qualifying for car accident compensation in Utah, read the following overview of Utah’s car accident laws.  For more information or a claim consultation, contact an experienced Utah car accident attorney.

 At-Fault Vs. No-Fault Auto Insurance States 

Utah is a no-fault auto insurance state.  In a no-fault insurance state, drivers receive compensation from their insurers in the event of a car accident.  It does not matter who caused the accident.  There is an exception for serious injuries.  

In an at-fault auto insurance state, the driver who caused the accident is responsible for the damages they caused.

Modified Comparative Fault

Utah operates under the rule of modified comparative fault.  This means that both parties, or multiple parties, may be assigned their percentage of responsibility for an accident.  

Any monetary damages awarded are reduced by a party’s percentage of fault.  If a party is found to be more than 50% responsible for an accident, they will not receive compensation for their losses.

For example, if a party is awarded $100,000 in damages but found to be 30% responsible for the accident, their damages award will be reduced by $30,000.

Caps on Car Accident Damages 

Unlike some personal injury cases, Utah does not place damages caps on car accident injuries.  

The Statute of Limitations 

States have deadlines called statutes of limitations by which auto accident claims must be filed.  In Utah, car accidents must be filed within four years of the date the accident took place.  However, if the car accident victim dies, the family has two years from the date of death to file a wrongful death lawsuit.  

Claims against the government only have a one-year statute of limitations.  Victims who file lawsuits outside of the statute of limitations cannot recover compensation for their damages. 

Wrongful Death Claims 

When the victim of a car accident is a loved one, a family may have a wrongful death claim.  In a wrongful death claim, a family may pursue funeral expenses and specific damage awards.  Among these awards are loss of consortium or companionship and loss of parental guidance.

Contact an Experienced Salt Lake City Car Accident Attorney Today 

To learn more about Utah’s car accident laws and how they impact compensation for your injuries, call one of the experienced attorneys at Handy & Handy.  Our Salt Lake City car accident attorneys will ensure you know your rights as an accident victim and talk you through Utah’s complicated accident claim process.

Contact us in Salt Lake City to schedule your complimentary consultation with a car accident professional.  Handy & Handy offers the personal service of a small firm with the resources you would expect of a large firm.