UTAH CAR ACCIDENT
FREQUENTLY ASKED QUESTIONS
What is the usual statute of limitations for a Utah car accident? Does it matter if it is a Provo or Orem car accident when it comes to statute of limitations?
The usual statute of limitations for a Utah car accident is four years. It does not matter if it was a Provo car accident or an Orem car accident. The general four year car accident statute of limitations can be found at Utah Code Ann. There are numerous exceptions, one being if you are suing the government, you are a minor child, and there are a host of other exceptions. You should consult an experienced personal injury attorney for the exact statute of limitations as it applies to your Utah car accident.
UIM is a policy of insurance that is a part of your Utah car policy of insurance. It covers you when somebody else hurts you while operating a motor vehicle and that at-fault driver did not carry enough liability insurance to cover all your injuries. When at-fault driver does not have enough insurance, then your own Underinsured coverage kicks in to help make you whole. You can read the exact details of Utah’s UIM statute here.
This is where the at-fault driver in a Utah car accident did not have any insurance. Or you encounter a hit and run driver. Just like UIM, UM can be waived in writing, but never should be. The Utah UM statute can be found here.
How will I pay for a Utah personal injury attorney? I just got in a Provo Orem car accident and can’t work right now.
Nearly all personal injury attorneys work on what is called a contingency fee agreement where if you don’t receive compensation for your injuries, the contingency fee attorney does not get paid. See an article by Personal Injury Attorney about the contingency fee being the “keys to the courtroom.”
Your personal injury attorney can ask the at-fault driver’s insurance carrier to arrange and pay for a rental car. But they do not have to give you a rental car at that point. Or the at-fault insurance carrier can cut you off early from your rental car. Another option is to work out a rental car through your own insurance carrier and pay the deductible. This option only works if you have rental car coverage as part of your own car policy of insurance.
I just got into a Utah car accident. A few days later the at-fault driver’s insurance company wants me to give a recorded statement. Do I have to give a recorded statement to the other side’s insurance adjuster?
No. You have not obligation to cooperate in an adjuster interview for the at-fault driver’s insurance company. Although there may be good reason to do so for speed of recovery and moving the insurance claim along. But most of the time it is not in your best interest to give an interview because it is the insurance company’s second chance at a deposition. Everything you say in an adjuster interview will be used against you in the courtroom. Often you are still shook up from your injuries and not completely with it. Other times you simply do not know what is going on because this is the first time you have been in a car accident and now there are numerous new people in your life asking for information. Doctors, personal injury attorneys, coverage adjusters, liability adjusters and your own insurance company. This can be overwhelming for many people.
Yes. Unlike the at-fault driver’s insurance carrier, you have a contractual duty to cooperate with your own insurance company. If you do not cooperate, they might have arguments to rescind your own car policy of insurance.
Medical bills ultimately are your responsibility to pay for. Regardless of whether you may, or may not be reimbursed later through a personal injury settlement. What typically happens in a Utah car accident case is that Personal Injury Protection Benefits pay for the first $3,000 in medical bills caused by the car accident. Then your own private health care insurance begins paying the remainder of the medical bills. If you do not have private health care insurance, then you will treat your injuries on a lien basis. See this article for lien basis medical work.
A lien is secured debt where you have to pay back the value of the medical care you received during your personal injury case. Being a secured debt is like a house mortgage, where if you don’t pay, they will take back your house. Or like a car note, where if you don’t pay your car payment, they will repossess your car. Liens are the same way. It is a secured transaction on your personal injury settlement proceeds. Your Utah personal injury attorney must pay your liens or your attorney, his law firm, and you will risk being sued by the lien holder for payment of the lien.
Yes. And you should purchase at least $10,000 in medical pay PIP benefits. It is very cheap insurance and covers you when you need it the most.
Yes. Boats often will have very similar insurance coverages to cars. If you are you hurt in a boating accident, you should contact a personal injury attorney.
Yes. Often ATVs will have liability insurance specifically made for ATVs. Other times if the ATV collision occurred at the owner’s home, the home owner’s residential home owner’s policy of insurance will cover the personal injuries.
Do motorcycles and ATVs have Personal Injury Protection Benefits attached to their insurance policies?
Personal Injury Protection Benefits are not required for ATVs or motorcycles, but it is highly recommended that you get at least $10,000 in PIP medical pay coverage. PIP is cheap insurance in a time when you are going to need it the most.
Inter family arbitration is where you were hurt by the fault of a direct family member. An example would where Dad is driving and rolls the car over with his wife and children inside—hurting them. This situation would qualify for Utah’s inter family arbitration procedures. The statute can be found here.
Can you stack two different Personal Injury Protection medical pay polices in the same car accident?
Yes. Under certain facts you can stack two or more PIP policies. An example would be when you are a passenger in your friend’s car which rolls over. The primary PIP carrier in Utah is the car you were in. The secondary PIP carrier would be your own car insurance’s PIP provisions. First you have to exhaust the primary PIP carrier, then present an exhaustion letter to the secondary PIP carrier for that carrier to begin paying.
If you miss work for greater than two weeks consecutively, you are entitled $250 per week or 80% of your gross income. Whichever is less. You can read the statute which outlines all the PIP benefits here.
$3,000 is required for all Utah car policies of insurance that are issued for motor vehicles. It does not apply to ATVs, boats or motorcycles.
You have a doctor write a letter indicating how the injuries have effected your ability to complete household tasks. Then detail for the PIP adjuster what duties you were doing and how they are impaired by the car accident.
I need surgery, but I can’t afford it and I don’t have private health insurance. What are my options?
One way to obtain the needed surgery is to use surgical funders. Surgical funders will pay for your surgery, then expect to get paid back out of the settlement funds when the case settles. This process is called a surgical funding lien. These funders will charge a premium for lending the money for the surgery. Usually you will get a cheaper surgery if you use your own health care insurance, if you have insurance. Surgical funders are an excellent option for people without heath care insurance. It helps injured people get the medical care they need, even when they can’t afford it.
Yes. Mileage to and from your medical appointments is covered, but not at the regular IRS mileage rate. It is covered at medical IRS rate, which currently is .17 cents. (06/30/2017).
At Howard Lewis & Petersen, PC you only pay your personal injury attorney if you receive compensation. If you don’t win your case, you do not owe the attorney for anything. The attorney is paid on the back end when the settlement is received.
No. The law firm of Howard Lewis & Petersen, PC pays all costs up front and then recoups those costs when a personal injury settlement of verdict is rendered. The costs come out of the settlement proceeds on the back end when the case resolves.
Yes. Meeting with personal injury attorney Jake Gunter regarding your injury claim is completely free. In fact, no fees will ever be assessed unless you receive compensation for your injuries. If you don’t win your case, you owe us nothing.