You can sue another driver in a no-fault state like Utah, but only after exhausting your personal injury protection (PIP) insurance coverage and under specific circumstances established in Utah’s laws.
A Utah car accident lawyer is here to help you fight for justice and maximize your compensation.
Getting Compensated for Losses in a No-Fault State Like Utah
Under no-fault systems, parties involved in car accidents first seek coverage for their losses through their own insurance policies, and Utah is a no-fault state. Even if another driver is to blame for your crash, your first source of compensation is through your own PIP policy.
Utah requires all drivers to carry a minimum of $3,000 in PIP, along with minimum third-party liability coverage. PIP policies help cover your medical costs, lost wages, and other household expenses up to certain amounts and within policy limits.
Having a full understanding of Utah No-fault insurance coverage can help you decide whether to increase your coverage and recognize other potential sources of compensation.
For a free legal consultation, call (801) 266-0999
Utah Laws Determine When You Can Sue Another Driver
Car-accident injuries can be serious, requiring far more medical treatment than $3,000 PIP policies cover. Add the income lost to recovery time and finances needed to pay others to fulfill household duties you can no longer manage, and it can quickly become impossible to climb out of the resulting financial hole.
Utah recognizes this unfortunate possibility and has laws in place to expand your sources for compensation and allow you to sue another driver in the no-fault state.
Threshold Law
Utah Code 31A-22-309 gives you the right to file against another driver if your accident led to:
- Loss of limb
- Permanent impairment or disability
- A bone fracture
- Disfigurement
- Medical expenses over $3,000
The law also allows loved ones of those killed in a crash to file a wrongful death claim against the negligent driver. Wrongful death claims can compensate families for the loss of their loved one’s income, household contributions, and companionship.
Comparative Negligence Law
In simple terms, the Utah comparative negligence law can be explained as the “50% rule.” If you are 50% or more to blame for a crash, you cannot sue another driver, even if your expenses exceed your PIP limits.
You can pursue an accident claim if partially at fault, as long as you meet the threshold law requirements and are less than 50% at fault.
If you hold a smaller percentage of blame, your collectible compensation is lowered by that percentage. For example, if you are 20% at fault, you collect 80% of the damage amount calculated. The 50% rule applies to injury and wrongful death claims.
The other side will try to put as much blame on you as they can. If they can get you to the 50% level, they avoid all financial accountability.
Attorneys know how to fight these attacks and protect injury victims’ rights. When another party’s negligence causes you harm, they must be held accountable for paying you back.
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How to Sue Another Driver for Damages
Suing another driver in a no-fault state like Utah is a process. A Utah car accident lawyer can assist you after a car crash and handle all aspects of your claim from beginning to end.
Utah Code 78B-2-307 gives a legal deadline of 4 years for filing most car accident claims, but you should not postpone forming a legal partnership even with that generous window.
You need convincing evidence to prove the other side’s negligence. It is also not unheard of to get insurance company pushback when seeking coverage from your own PIP.
Your attorney knows what kinds of evidence are most effective and will conduct a thorough accident investigation to secure it and present it to the relevant parties.
Evidence is more available in the time closest to the accident. A swift connection allows for more productive evidence collection. It also gives you an immediate advocate and protector.
Your attorney will handle all insurance discussions for you, protecting you from inadvertently saying anything that could hurt your claim and demanding the companies pay what they owe.
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Damages You May Collect from a Third-Party Lawsuit
When you sue another driver in a no-fault state like Utah, you typically seek compensation for your financial and quality-of-life losses. Do not allow the at-fault party’s insurance company to determine the worth of your claim. They will work to minimize your losses and lessen their payout.
Let your attorney value your claim and review any offers submitted by the other side. The amount you collect depends on the severity of your injuries and your percentage of fault (if any), among others.
An attorney can help maximize your compensation and will fight to recover or acknowledge your:
- Medical costs, including ongoing care expenses, if applicable
- Lost wages, including future lost earning capacity and benefits, if applicable
- Damaged property
- Other accident-incurred costs
- The depth of your emotional and physical suffering
- Reduced enjoyment of life
Every loss matters, and you deserve just compensation for them all.
Punitive Damages
Sometimes, you can sue another driver for punitive damages. These damages apply only when you also receive compensatory damages and when the other party’s act of negligence is particularly heinous, per Utah Code 78B-8-201.
Specifically, the at-fault party must have shown “intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.”
For example, if your accident and subsequent damages resulted from the at-fault driver’s intoxication, you may have grounds to seek this additional award.
We Fight for the Highest Compensation Possible
Siegfried & Jensen has been fighting for the rights of injured victims for over 35 years. In many car accident situations, you can sue another driver in a no-fault state like Utah.
We will review your case for free to determine whether you have a valid claim. If you do, we will manage every detail, provide you with guidance and support throughout the process, and fight for the best claim outcome possible.
Call or text (801) 266-0999 or complete a Free Case Evaluation form