Posted on Sunday, June 9th, 2024 at 9:00 am
For Utahns who have been injured in a car accident, the process can be overwhelming and confusing. Injured drivers not only have to deal with the pressure of medical costs and missing work, but they often must figure out how to pursue a claim from the other driver’s insurance company. Don’t know how to file insurance claim against other driver?
A skilled attorney like the Utah car accident attorneys at London Harker Injury Law can take on your claim for you so all you have to worry about is healing from your injuries.
Understanding Fault in Utah Car Accidents
You can’t file a claim against the other driver’s insurance company unless they were mostly at fault for the accident. Utah law uses a comparative negligence standard for personal injury claims. Under this rule, if you are partially at fault for an accident in which you were injured, your compensation is reduced by your percentage of fault. Additionally, you cannot recover any compensation if you are 50% or more at fault.
For example, if you are 20% at fault for the accident, the court will reduce your compensation by 20%. You will receive nothing if you are 50% or more at fault for an accident. This comparative negligence standard makes establishing the extent of the other driver’s fault crucial to maximizing your potential compensation.
Steps to Take at the Scene of the Accident
Immediately after a car crash, your priority should be safety if you are involved in the accident. Move to a safe location, call 911 for emergency medical assistance, and report the accident.
After ensuring that everyone is safe, if you’re able, you should collect as much evidence as possible. First, exchange contact details and information with the other driver’s insurance company.
Next, take photos of the accident scene, motor vehicle damage, road conditions, traffic signals, and any visible injuries. Photographs and video recordings are visual records that can support your claim and be used as evidence if there is a dispute about what happened.
In addition, talk to witnesses and ask if they would provide a witness statement. Take down their impressions of what happened and obtain their contact information. This includes exchanging information about insurance with the other driver. Witness statements can be valuable in establishing fault and providing an objective accident account.
When law enforcement arrives, they will create a police report. Find out from the officer how to obtain a copy of that report. It can be useful when you file an insurance claim because it provides an official, unbiased account of how the accident occurred.
Car Insurance Claims in Utah
Utah is a no-fault car insurance state. That means that every owner of a registered vehicle must obtain insurance that includes personal injury protection (PIP) coverage. When you’re injured in an auto accident, your first recourse is to file a claim under your own insurance’s PIP policy. This policy covers medical bills or expenses and lost wages up to the policy limit. If your vehicle was repaired due to damage, the policy may include repair shop expenses for repair or replacement and other non-medical expenses.
Once you’ve exhausted your policy limits, you can file a claim with the at-fault driver’s auto insurance company.
Filing an Insurance Claim Against the Other Driver
Don’t know how to file insurance claim against other driver? Do I call the other person’s insurance company after an accident? When you file a claim with the other driver’s insurance company, it’s important to remember that they are not working for you or looking out for your best interests. Have as much information as possible to support your claim before you call them.
Once you’ve made contact with the at-fault driver’s insurer, you will probably be contacted by their insurance adjuster with a request that you provide a recorded statement. You should refer them to your lawyer so you don’t accidentally harm your case by saying something that can be misconstrued or taken out of context.
Keep detailed records of any communications you have with any insurance company representative. These conversations should be short, and in nearly all cases, you should refer them to your lawyer. Your thorough notes about any conversations you have could be useful later.
Once the at-fault driver’s insurer has the accident details, they will investigate the accident and determine whether they will accept liability for your injuries and losses. If they deny your claim, that’s your cue to obtain a lawyer if you haven’t already.
The Importance of Seeking Medical Attention
Your health and well-being should be your focus after a car accident. In the unlikely scenario that you have no discomfort or pain immediately, you should still seek medical attention as quickly as possible. Some injuries, like whiplash or internal bleeding, do not show symptoms for hours or days.
When you visit your doctor, make sure you fully describe the accident and any pain or discomfort you are experiencing. When your doctor includes this information in your record, they provide a link between your injuries and the accident. The doctor can identify your injuries and create a treatment plan. Keep all medical records, including bills, test results, and doctor’s notes.
Medical records are essential supporting documentation for your insurance claim. They demonstrate the severity of your injuries and what treatment is required. Insurance companies closely examine medical records to determine whether you have a valid claim, and prompt medical care shows that you took your injuries seriously.
How an Attorney Can Help
Hiring an experienced car accident attorney to handle your case can significantly improve your case results. They can:
- Handle all communications with the insurer or at-fault party
- Investigate to gather evidence
- Evaluate that evidence
- Use it to build a strong case
- Negotiate with the insurer
- Represent you in court if necessary
Filing an insurance claim against another driver can be complex, but understanding the necessary steps and gathering the proper evidence can significantly improve your chances of a successful claim. A skilled attorney is a huge asset in a Utah car accident claims process before you pay for damages.
Contact London Harker Injury Law Today
Don’t know how to file insurance claim against other driver? It is a good idea to know how to file insurance claim against other driver’s insurance company. For more information or assistance with your car accident case, contact the experienced Sandy and Provo car accident lawyers at London Harker Injury Law. We serve Sandy, Utah, and the surrounding areas, and we want to help you secure the compensation you deserve. Call us at 77CARCRASH today or contact us online for your free consultation. Our team is ready to assist and support you during this challenging time. Whether you need help understanding your insurance coverage, negotiating with the insurance companies, or proving liability and coverage, we are here to help.
