What Happens After a Car Accident With an Out-of-State Driver?
A car accident is a traumatic experience, especially when it ends in serious injuries. Unfortunately, the distress doesn’t end there. Even once you’re on the road to recovery, you find yourself dealing with the complexities of a car accident claim under Utah’s complex injury laws. This system requires an injury victim to file a claim against their own insurance, but also allows claims against an at-fault party’s insurance for extensive damages. But what happens when the other driver is from a different state? Do Utah’s car accident laws still apply to an out-of-state driver?
The auto accident lawyers in Salt Lake City will assist you with your legal needs. Contact us today for a no-obligation consultation.
How Does an Accident With a Driver From Another State Affect a Utah Car Accident Claim?
A car accident claim process follows the laws of the state where the accident takes place. Most states have fault-based accident laws, but several operate under no-fault accident systems that require injury victim to file claims against their own personal injury protection (PIP) policy regardless of who caused the accident. Utah, however, is a unique combination of both types of systems. Utah is a no-fault car accident state that first requires a car accident victim to file a compensation claim against their PIP policy. If the injury victim suffers severe trauma or catastrophic injury with extensive damages that far exceed the limits of their PIP policy, they may then file an additional claim against the at-fault driver’s insurance.
If the driver is from another state, Utah’s complex car accident laws still apply, allowing an injury victim to file a claim against the other driver’s auto insurance. If the case requires a lawsuit, it’s filed in the Utah court system since Utah has jurisdiction over accidents that occur within the state. In addition, Utah’s traffic laws apply when the investigators determine who is at fault for the accident.
What If I Was Partly at Fault for an Accident With an Out-of-State Driver?
Since Utah’s car accident laws apply to an accident even if the negligent driver is from another state, the law allows an injury victim to recover compensation even if they were partly at fault for the accident. First, under the state’s no-fault law, the injury victim may recover compensation from their PIP policy. Most drivers carry at least the state’s required minimum insurance coverage, which allows up to $25,000 per person for bodily injury and $15,000 for property damage. If more than one person suffers injuries, the minimum PIP coverage allows up to $65,000 total bodily injury coverage. This covers medical expenses, lost earnings, and compensation for pain and suffering. Under the no-fault system, an injury victim may recover up to the full limits of their policy even if they were partly at fault for the crash.
If the injury expenses far exceed the limits of PIP coverage, a victim may still file a claim against the at-fault party. For instance, if the accident caused permanent disability or a catastrophic injury, such as loss of limb, loss of one of the senses, or diminished quality of life. In that case, even an injury victim who contributed to the cause of the accident can pursue compensation from the other driver as long as they are less than 50% at fault. The other driver’s insurance company will then subtract the injury victim’s percentage of fault from the amount they pay out on the claim. For example, if the claim is for $100,000 but the injury victim is found to be 25% at fault, they could still recover $75,000.
How Can a Utah Car Accident Attorney Help Me?
Utah’s car accident compensation system is complex and nuanced. Adding an out-of-state driver to the mix causes additional challenges. Instead of leaving a complicated claim in the hands of insurance companies that prefer to make profits at your expense, call a Salt Lake City personal injury lawyer at Handy & Handy Attorneys at Law to navigate your case to the best possible outcome.