Frequently Asked Questions About Utah Auto Accident Claims
Q. How long do I have to file an auto accident claim in Utah?
A. Most Utah auto accident claims must be filed within four years of the date of the accident under Utah Code § 78B-2-307. However, claims involving government entities, such as accidents caused by city or county vehicles or road maintenance failures, carry a one-year notice requirement under the Utah Governmental Immunity Act. Waiting to consult an attorney creates real risk of missing these deadlines, so early action is always advisable.
Q. What if the at-fault driver’s insurance denies my claim?
A denial is not the end of the road. Insurance companies deny claims for a range of reasons, some legitimate, many not. An experienced auto accident attorney can evaluate the basis for the denial, gather additional evidence, request reconsideration, and if necessary file a lawsuit against the at-fault driver directly. A denial early in the process is often simply a negotiating position, not a final determination of your rights.
Q. Should I accept the insurance company’s first settlement offer?
A. Almost never. First offers from insurance carriers are calibrated to close claims quickly and cheaply, before the full extent of injuries is known and before an attorney has had the opportunity to evaluate the claim’s true value. Once you accept a settlement and sign a release, your claim is extinguished; you cannot go back for more compensation even if your injuries turn out to be more serious or longer-lasting than initially understood. Have an attorney review any offer before you sign anything.
Q. What if I was not wearing a seatbelt at the time of the accident?
A. Utah’s seatbelt laws are found at Utah Code § 41-6a-1803. Failure to wear a seatbelt can be raised by the defense as a factor in comparative fault analysis, potentially reducing your recoverable damages. However, it does not automatically bar your claim or eliminate the at-fault driver’s responsibility for causing the accident. The specific impact on your case depends on how fault is allocated and what role, if any, the seatbelt usage played in the nature or severity of your injuries.
Q. Can I still recover compensation if the accident aggravated a pre-existing condition?
A. Yes. Utah law recognizes the eggshell plaintiff doctrine, the principle that a defendant takes a victim as they find them. If the accident aggravated a pre-existing back injury, accelerated a degenerative condition, or made an existing vulnerability significantly worse, the at-fault driver is responsible for that aggravation. Defendants and their insurers frequently attempt to attribute injuries entirely to pre-existing conditions in order to minimize liability, and our attorneys know how to counter those arguments with medical evidence and expert testimony.