How to File a Car Accident Lawsuit
Utah’s no-fault car accident system requires individuals seeking compensation for accident-related damages to file a claim against their personal injury protection (PIP) insurance policy. However, if the damages are extensive, they can also file a claim for additional damages from the party responsible for the accident. In most cases, this is another driver whose actions behind the wheel were careless, reckless, or wrongful, all examples of legal negligence, leaving the at-fault driver liable for damages. Less commonly, a negligent road maintenance or road planning agency may be at fault for the accident. Recovering compensation requires filing a car accident claim or lawsuit with compelling evidence of the at-fault party’s liability.
Contact a car accident attorney in Salt Lake City today for a free consultation. Call (385) 404-6398.
First, File a Claim Against the At-Fault Party’s Insurance
The first way to protect yourself during the car accident claim process is to hire an attorney. Insurance companies are not on your side, even if the insurance adjuster sounds compassionate and concerned when they reach out to you. Instead, the insurance adjuster’s job is to protect the company’s profits at your expense.
If your damages far exceed the limits of your PIP policy, a car accident lawyer conducts an independent investigation into all aspects of the accident to prove the other party’s fault, carefully calculates your damages, and makes a compelling claim for the full compensation available to you. Then, they submit their findings to the insurance company.
How Does Utah’s Modified Comparative Negligence Law Affect Your Case?
Despite being a no-fault accident state, Utah is also a modified comparative negligence state. When a car accident victim files a claim against the other party’s insurance due to serious or catastrophic injury damages that exceed the limits of their own policy, the insurance company investigates the accident to assign a percentage of fault to each driver involved. The driver who is more than 50% at fault for the accident is liable for the other party’s damages. If the insurance adjuster finds that you contributed to the cause of the car accident, you can still recover compensation, but the insurer subtracts your percentage of fault from the amount they pay on the claim.
For example, even if the other driver ran a red light, the insurance company could assign you 20% fault if they find that you were exceeding the speed limit. If your claim for property damage, medical expenses, lost wages, and pain and suffering totals $100,000, the insurance company only has to pay $80,000.
A car accident lawyer helps to mitigate these and other tactics by compiling strong evidence of the other party’s liability.
What Happens After Hiring a Car Accident Lawyer In Utah
After your attorney documents evidence of the other party’s liability by reviewing photos and video evidence of the accident, interviewing eyewitnesses, and consulting with accident reconstruction experts, they send their findings to the insurance company of the at-fault party along with evidence of your damages. This includes estimated future damages if you require ongoing care or your injury impacts your work ability. The attorney obtains this evidence by consulting with medical experts and occupational therapists. Then, the attorney files the car accident claim and enters into negotiations with the insurance adjuster to arrive at the largest possible settlement for your damages.
When Does a Car Accident Claim Become a Lawsuit?
Over 93% of car accident claims end with a settlement, but less commonly, the insurance company wrongfully undervalues, disputes, or denies the claim. If this is the case, the car accident claim process may become a lawsuit. Your attorney must file the lawsuit petition with the court within Utah’s generous four-year statute of limitations for car accident cases. Although the lawsuit process in court takes longer than achieving a settlement, juries often sympathize with injury victims over powerful insurance companies and award damages to the victim.
Fortunately, our reputable Salt Lake City personal injury lawyers do not charge upfront fees to injury victims. Instead, we use contingency-based payment, working at no cost until after we’ve obtained compensation for you.