By Kit Yona, M.A. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed June 06, 2024
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At times, you may wonder which is worse: the auto accident itself or having to deal with insurance companies. Being in a car crash can be an emotional, physical, and financial nightmare. While never getting into a wreck would be optimal, being prepared for what to do when you're in one is a more realistic approach.
For many people, their car is an indispensable mode of transportation that’s essential to their daily routine. Whether commuting, grocery shopping, or taking the kids to school, your vehicle is a major part of your life. Getting it back as soon as possible might be your goal. But the hoops insurance companies make you jump through during an insurance claim can be confusing and infuriating.
In this article, we'll provide a step-by-step breakdown of the Utah car accident settlement process and timeline. You'll learn about other important aspects of the procedure, such as Utah traffic laws, police accident reports, fault and negligence, insurance requirements, and personal injury claims. You'll come away prepared for what will happen on your road to recovery.
Read on to learn about the car accident settlement process and timeline in Utah.
In the moments after an auto accident, it's natural to have a few questions. Whose fault was it? How does that get figured out? Where will the money for my medical treatments come from? What are my options?
These are all legitimate concerns. Let's discuss the answers.
When it comes to car accidents, Utah is one of the few no-fault states. This means that regardless of who is determined to be the most at fault for causing the accident, your medical expenses and property damage will be covered by your insurance, at least to start.
You do have the option of filing a third-party claim with the at-fault driver's insurance company, but their obligation is to their policyholder. If you file a first-party claim with your insurance company and receive damages, your insurance company will likely seek reimbursement from the at-fault driver's insurance carrier.
Things can get a little more complicated due to Utah using the doctrine of modified comparative negligence. Under this system, you're barred from being awarded any damages if you're determined to have been more than 50% responsible for causing the accident.
If you're less than 50% responsible, you're eligible to receive damages, but they'll be reduced by the percentage of your blame. If your damages are $8,000 and you're considered 10% responsible, you'd receive the sum of $7,200.
Other conditions can affect your recovery in Utah as well. For an in-depth examination of what you can recover and how, take a look at FindLaw's Utah Car Accident Compensation Laws article.
Are you aware that you have certain legal obligations after being in an auto accident in Utah? Knowing what's required of you can make a huge difference going forward.
No matter how minor the accident may seem, if you leave the scene without at least exchanging information with the other driver(s), you risk facing a hit-and-run charge. You must call for the police to show up if any of the following apply:
It's always a good idea to have law enforcement respond to the scene of the accident. If they deem the accident too minor to require a police report, that's fine. If that’s the case, you're required to file an online accident report within 10 days.
Check on the well-being of everyone involved, including yourself. Offer first aid, if necessary. Exchange information such as names, driver's license numbers, and insurance policy numbers with the other driver(s).
Take pictures of the accident and let your insurance company know about the crash.
The police report about the crash is a crucial document for both your insurance claim and any personal injury car accident claim you might try to pursue. The investigating officer will take statements from all drivers, passengers, and witnesses. These will be combined with observational data to create the accident report.
You’ll need copies of the accident report. You can get them on the Utah Department of Public Safety website for $5. The DPS may also request more information from you to augment the police crash report.
Try to be calm and truthful when giving your side of the accident. Avoid admitting guilt if possible.
To better understand the important role the Utah police accident will have in your claim, consult FindLaw's Utah Car Accident Report Basics article.
All drivers in Utah must carry auto liability insurance. While it's designed to cover your losses, it can sometimes pay for losses to others.
In addition to other requirements, according to Utah law, you must have auto liability insurance. The minimum liability coverage in Utah depends on when your policy goes into effect/is renewed. If your policy was started or renewed through December 31, 2024, you're required to have:
Policies renewed or created after January 1st, 2025, will carry these new minimums for auto liability coverage:
You can pay higher premiums to have more coverage. Since Utah is a no-fault state and your insurance will possibly be covering your losses, the value of the vehicle could matter for your coverage limit.
You also must carry a minimum of $3,000 of personal injury protection (PIP). This covers the medical expenses of you and anyone injured while in your vehicle. PIP also covers some expenses like lost wages and funeral costs.
While Utah's no-fault status limits your ability to recover damages from the driver responsible for the accident, you can file if certain conditions are met.
You can file either a third-party suit against the at-fault party's insurance company or a personal injury lawsuit against the driver if you have:
If you bring a personal injury case, remember that the rule of modified comparative negligence will still apply. If you take this path, consider seeking legal advice or representation from a car accident lawyer experienced with car accident cases.
You can draw on the information you learned above while following the chart below. It shows you each step of the settlement process and the order in which you should expect them.
Relevant Utah Statutes (Laws) |
Utah Code Title 31A - Insurance Code:
Utah Code Title 78B - Judicial Code:
Utah Code Title 41 - Motor Vehicle Code:
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How the Investigation Process Will Proceed
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The Initial Settlement Offer |
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Negotiations and Other Options |
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Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Additional Information on Utah Claim Settlements
Working through the settlement process can be frustrating beyond words. Some of the answers below may make your situation a little less stressful.
In cases that are exempt from Utah's no-fault system, it's quite common for a settlement to be reached at any point before the entry of a judgment within a court case. The parties must agree on the amount of compensation, and the claimant is often required to release the insurer from liability for subsequent lawsuits.
Court cases are expensive, time-consuming, and unpredictable. An out-of-court settlement is more probable.
While we can't comment on the validity of your claim without more information, we can discuss whether you can still file. The time you have to bring a case to court is called a statute of limitations. In Utah, you have four years from the day of the accident to file your personal injury suit.
For a property damage suit, you have three years.
The policyholder has the right to have their vehicle fixed at the shop of their choosing. But if your shop is charging you more than the other place was going to, you may have to pay the difference yourself.
Since Utah is a no-fault state, sorting out whether you have a legitimate claim for your accident can be complicated. A local lawyer can help you determine your rights, negotiate, and litigate your car accident lawsuit as necessary.
Contact a Utah car accident attorney to get the best result possible for your auto accident case.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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