Do I Have to Go to Court for a Car Accident in Utah?

One of the first thoughts following a car accident is, “Do I have to go to court for a car accident?” Many are terrified of involvement in the criminal justice system, believing they should not have to go to court if it wasn’t their fault.

The truth is whether or not you go to court is determined by not one but a variety of factors. Because every circumstance is unique, there is no one answer. You may be summoned, choose to attend, or be forced to appear in court to defend your best interests.

Getting Summoned

The other driver might be fined and served a ticket if the fault is determined at the sight of the accident. The police carefully assess the situation and hand out tickets. In this scenario, you are the witness to the violation. 

You are free from all legal proceedings if the driver agrees to pay the fine. Otherwise, you could be asked to bear witness. Don’t go to the trial without consulting an attorney. A personal injury attorney in Utah handles car accident cases.

Filing a Personal Injury Lawsuit

There is a good chance that you will have to go to court if you file a personal injury claim. Disagreements are common in cases like these since they require assigning monetary value to things like property damage, medical bills, and the cost of fixing the car, along with other losses like pain and suffering.

The legal team for the opposing driver will always want to settle for as little as possible. They might try to shift the blame onto you, minimize your injuries, or place it on an external reason like poor road conditions. 

You must be prepared to go to court. Get legal assistance from a car accident attorney in Utah. We will suggest the right course of action from the very beginning.

Car Crash Laws in Utah That Can Impact Claim

Recovering financial compensation after a vehicle accident in Utah isn’t always as simple as in other U.S. cities. Two Utah statutes that may impact claim compensation are:

• Personal injury protection (PIP) Threshold Law
• The law of comparative negligence

You may have never heard of these statutes. The insurance company will likely use this to its advantage and lower the value of your injury claim. Getting legal representation that understands the tricks insurance companies use is essential if you want to ensure you get the full value of your damages.

The Personal Injury Protection (PIP) Threshold Law

In Utah, every automobile insurance policy must include personal injury protection (PIP) coverage. It is not voluntary and is obligatory by state law. PIP coverage provides at least $3,000 in compensation for any medical expenditures linked with accident injuries, regardless of whether the policyholder was the victim or was at fault for the incident.

There are, of course, exceptions to the law. If you wish to file a claim against your insurance provider or if your claim concerns wrongful death, permanent disability, or disfigurement, you are not legally required to get PIP coverage.  

The Law of Comparative Negligence

This legislation is not as complicated as the PIP coverage requirement, but it may be perplexing for some. Comparative negligence takes into account the degree of fault when deciding compensation.

If the court finds you at least partially liable for the incident, your financial compensation will be reduced to the percentage of your fault. For example, if a jury decides that you were 30% to blame for the vehicle accident and your injury damages are $70,000, you will only be entitled to recover $49,000.

If you have any questions regarding your injury claim or how comparative negligence works in Utah, contact a car crash lawyer in Utah to get a professional opinion on your case.

Is Utah a No-Fault State?

Utah has no-fault laws. Regardless of who caused the accident, you must claim under the PIP policy to get compensated for medical costs and other financial losses after a vehicle accident. 

Statute of Limitations for a Personal Injury Claim in Utah

If you or a loved one has been hurt in a car accident in Utah, you may wonder what legal recourse you have. The statute of limitations for pursuing personal injury claims arising from most vehicle accidents is four years.

Utah’s modified comparative fault rule enables financial recovery only where the claimant was less liable than the other party(s) for causing the automobile accident. There is a three-year statute of limitations on bringing most claims for a vehicle or other property damage caused by an accident.

What Steps Should Someone Take After Being Injured in an Auto Accident?

Whether you are at fault or not, contact the police immediately. A public record in the form of a police report may be used as evidence, so don’t hesitate to make that call. Have the witnesses make a testimony of the accident. Police reports often state that no injuries were recorded since the victim did not immediately experience any. The insurance company will attempt to exploit the fact that you didn’t report an injury as a bargaining chip if they can. 

We tell clients and anybody involved in an accident to say something like, “I’m not ready to speak about injuries at this time,” or that they and their doctors may discuss injuries later. Get medical help when you’re in discomfort. Contact a personal injury lawyer in Utah. We will take the best course of action on your behalf.

Get Legal Assistance Online Or Your Car Accident Claim

We at 1LAW understand the human aspect of personal injury cases. To help you get back on your feet, we’ll be here for you every step of the way. After an accident or injury, we know what course of action would best suit you. Our personal injury attorney in Utah will fight for the highest possible settlement. We settle on your terms; whether you choose to fight it out in court or don’t wish to get into a legal battle in court, we act upon your preference.