Posted on Monday, May 6th, 2024 at 9:00 am
After you’ve been hurt in a car crash, the follow-up includes filing insurance claims. Knowing the deadlines and requirements is crucial so you can meet them and obtain the compensation you deserve. In Sandy, Utah, how long after a car accident you can claim injury in a lawsuit is dictated by law, and if you miss this critical deadline, you can jeopardize your case.
This guide will provide all the necessary information on injury claim deadlines, including the statute of limitations, filing auto insurance claims, reporting injuries, and more.
Understanding the Statute of Limitations in Utah
The statute of limitations sets the maximum time for a lawsuit to be filed after an event. The statute of limitations for car accidents in Utah is four years from the accident date. This means you must file your lawsuit within this period or risk losing the opportunity to seek compensation in court.
If the accident caused someone’s death, their loved ones could be entitled to file a wrongful death claim. The statute of limitations for wrongful death lawsuits allows two years from the date of death to file. If you have lost someone due to a car accident because a driver was negligent, you must move quickly. If you miss these deadlines, you risk your case being dismissed.
Actions to Take at the Scene of the Accident
What should you do after a car accident? How long after a car accident can you claim injury? The statute of limitations begins on the date of the accident, so the “clock” begins at the accident scene. You can take some steps while you are there to help your claim. If you have already left the scene of the accident, you or your lawyer can perform most of these steps later. For instance, here are some actions you need to take at the scene of the accident:
- Gather Evidence: Collect as much evidence as possible. Take photographs of the accident scene, vehicle damage, and visible injuries. Make sure to capture multiple angles and relevant details.
- Collect Witness Information: Obtain contact information and statements from any witnesses. Their accounts can be crucial in establishing the facts of the accident.
- Exchange Information: Exchange contact and insurance information with the other driver(s). This should include names, addresses, phone numbers, driver’s license numbers, license plate numbers, and insurance policy details.
- Document the Scene: Make detailed notes about the accident, including the time, date, weather conditions, and other relevant factors. Record your version of events while your memory is fresh.
- Avoid Admitting Fault: Do not admit fault or make any statements that could be interpreted as admitting fault. Stick to the facts when speaking with the police and other parties.
- Obtain a Police Report: Call the police. Ask law enforcement for the police report number and how you can obtain a copy of the official report for your records.
Reporting an Injury After a Car Accident
After a car accident, prioritizing and requiring medical care is essential for your health and injury claim. For example, here are the steps you should take:
- Seek Immediate Medical Attention: If your injuries are severe, you probably got treatment at the scene and were taken to emergency services by ambulance. If your injuries seem minor, visit a healthcare provider promptly. Some injuries may not be immediately apparent, and a medical professional can diagnose and treat hidden issues.
- Follow Medical Advice: Adhere to all prescribed treatments and follow-up appointments. Consistent medical care demonstrates the seriousness of your injuries and their impact on your life.
- Document Your Injuries: Keep detailed records of all medical treatments, diagnoses, and related medical bills and expenses. This documentation is crucial evidence for your injury claim.
- Monitor Symptoms: Pay attention to any changes or new symptoms following the accident. Keep your healthcare provider informed to ensure all injuries are treated appropriately.
Filing an Auto Insurance Claim
After a car accident in Utah, you should report the accident to your insurance company immediately. For instance, here are the detailed steps and important considerations:
- Immediate Reporting: Contact your insurance company immediately after the accident. Early reporting helps initiate the claims process and provides your insurance company with the necessary information.
- Documentation: Provide comprehensive documentation, including police reports, medical records, and photographs of the accident scene and vehicle damage. This evidence supports your claim and helps establish the extent of your injuries and losses.
- Communicating with the Insurer: Maintain open communication with your insurance adjuster and respond promptly to any requests for additional information or documentation. Keeping detailed records of all communications can be helpful if disputes arise.
- Understanding Policy Coverage: Familiarize yourself with your insurance policy’s coverage and limits. Knowing what your policy covers sets realistic expectations and helps you pursue appropriate compensation for your injuries and losses.
- Seeking Legal Assistance: Consult a personal injury lawyer to guide you through the claims process. An experienced attorney can help you handle complex liability insurance policies, negotiate with insurance companies, and work to get fair compensation for you.
Determining Fault and the Role of the At-Fault Driver
How long after a car accident can you claim injury? Determining fault in a car accident is a significant part of an injury claim. In addition, Utah is a fault state that applies the comparative negligence rule. Under this state law, you can still recover compensation even if you are partially at fault for the accident. However, you must be less than 50 percent liable for the accident to recover money. Any compensation you receive will be reduced by the percentage of your fault for the accident.
Fault is determined by analyzing evidence if you are involved in an accident. For instance, this includes police reports, witness statements, video footage of the event, and accident scene photos. Being the at-fault driver means that other injured parties can file claims against your insurance company once they’ve exhausted their personal injury protection (PIP) coverage. If you were injured in the accident, you can claim benefits under your own PIP coverage.
Don’t Wait Until It’s Too Late, Contact London Harker Injury Law Today
Unsure of how long after a car accident can you claim injury? Understanding the deadlines and steps in filing an injury claim after a car accident in Sandy, Utah, is essential for protecting your rights and securing the compensation you deserve. By acting quickly, you can ensure you meet all legal requirements and strengthen your case. If you’ve been in a car accident, don’t wait to get the help you need with our firm. Contact London Harker Injury Law and speak to our experienced Sandy and Provo car accident attorneys. In addition, we’ll find out if you still have an amount of time to file for your car accident. You can contact us online or call us at 77CARCRASH.