CALL/TXT UTAH CAR ACCIDENT LAWYER JAKE GUNTER FOR A FREE CONSULT (801) 373-6345
Outside of a few attorneys, most Utah personal injury attorneys have the bulk of their cases compromised of smaller, under $25,000 car accident injury cases. What is too small for general damages is called “Threshold.” Threshold has been determined by the Utah Legislature as death, dismemberment, disfigurement or medical bills over $3,000.
Most small Utah car accident cases are over $3,000 in medical bills.
Examples of Common Smaller Utah Car Accident Cases.
State Street Orem, Rear-ender. You are rear-ended in Orem, UT 84057. You drive yourself home and incur $3,500 in chiropractic only medical bills.
Provo University Avenue Intersection Collision. You are driving by Will’s Pit Stop in Provo, Utah and are involved in an intersection collision at high speed. The ambulance takes you to Utah Valley Hospital ER. Thereafter you recover with physical therapy. Your total bills are:
(1). Ambulance $850. (2). ER $1,400. (3). Physical therapy $2,900.
Provo Center Street Accident. You are hit on your bicycle on Center Street in Provo, UT 84606. You incur an ER visit at $3,050 without any further care and have completely recovered.
Is My Utah Car Accident Case Too Small?
What is too small of a car accident case has been largely determined already by the Utah Legislature. Utah insurance law at 31A-22-306 states that you cannot bring a claim for general damages (pain, suffering above the medical bills) unless the following has occurred:
(i) death;
(ii) dismemberment;
(iii) permanent disability or permanent impairment based upon objective findings;
(iv) permanent disfigurement;
(v) a bone fracture; or
(vi) medical expenses to a person in excess of $3,000.
(b) Subsection (1)(a) does not apply to a person making an uninsured motorist claim [where the other person didn’t have insurance or was a hit and run.
See Utah Code 31A-22-309. This is called “Threshold.” You must pass Threshold to have a general damages claim above the medical bills and lost wages.
Threshold doesn’t Apply Uninsured or Hit and Run Car Accidents
If you are involved in a hit and run or an accident where the other person didn’t have Threshold doesn’t apply to your situation. Hit and runs can be where the other car hits you and leaves the scene. Or where no contact occurs, but the phantom driver’s action cause you to collide with others or some other car.
Common Offers in Small Utah Car Accident
If you represent yourself in a small Utah car accident, the at-fault insurance company will try to offer you $500. While telling you that “they already paid $3,000 in medical bills due to PIP.” Then they may negotiate up to $750.
When you hire a Utah injury attorney you generally receive far better results. Many, many times just by filing a lawsuit the offer increases 50 percent, or even policy limits are offered.