Posted on Monday, August 19th, 2024 at 9:00 am
Getting into a car accident is a stressful experience, especially when the other driver’s insurance refuses to pay for your losses. You followed all the proper steps – called the police, documented the scene, and filed a claim – only to be met with a denial or a lowball offer. This situation leaves many people wondering, “My car was hit and their insurance won’t pay… can I sue in Utah?” The short answer is yes, but the process can be complicated. Here’s what you need to know.
Your Legal Rights in Utah
Utah operates under a no-fault insurance system, meaning that regardless of who caused the accident, your own insurer should cover your medical bill and lost wages up to your policy limits. However, this system doesn’t cover pain and suffering.
- Your medical expenses exceed $3,000, or
- You’ve suffered severe injuries as defined by Utah law
Utah law lists death, dismemberment, permanent disability or impairment, permanent disfigurement, and bone fractures as serious injuries that allow an injured person to file a claim against another driver’s insurance after a car accident. Your own coverage will always be your primary source of compensation following a collision.
Understanding Why Insurance Companies Deny Claims
Utah requires drivers to carry auto insurance to cover losses in the event of an accident. However, when another driver hits you and seriously injures you, but the other party’s insurance company denies your claim, you have options. The first step is understanding why your claim was denied and whether you have grounds for a lawsuit.
There are several reasons why an insurance company refuses to pay your claim:
- Questioning the Severity of Injuries – If the insurance company believes your injuries aren’t as severe as you say, they might deny your claim.
- Alleged Policy Violations – The insurer might claim their policyholder didn’t properly report the accident or that the policy didn’t cover the specific type of incident.
- Delays in Filing the Claim – If you missed the deadline to file a claim, the insurance company could refuse to pay.
Knowing the specific reason for the denial is crucial for determining your next steps.
Steps to Take When Insurance Won’t Pay
If your car was hit and the insurance company won’t pay, follow these steps:
Document Everything
Gather all evidence related to the accident, including:
- Police reports
- Photos of the accident scene and vehicle damage
- Medical records and bills
- Witness statements
- Communication with insurance companies
Review Your Own Insurance Policy
Check your own auto insurance policy. You may have coverage that can help, such as:
- Uninsured/underinsured motorist coverage
- Collision coverage
- Medical payments coverage
File a Complaint with the Utah Insurance Department
If you believe the insurance company is acting in bad faith, you can file a complaint with the Utah Insurance Department. They can investigate and potentially help resolve the issue.
Consult a Lawyer
If the insurance company continues to deny your claim or offers an unfair settlement, it may be time to consider legal action. Most Utah car accident lawyers provide free consultations to discuss your case and your legal options.
Can You Sue in Utah?
The short answer is yes, you can sue in Utah if the other driver’s insurance won’t pay after hitting your car, provided certain conditions are met. However, the legal system can be complex. This is especially true when you’re dealing with insurance companies and their teams of lawyers. Here’s what you need to know about suing in Utah:
- Statute of Limitations – You have four years from the date of the accident to file a lawsuit for personal injury or property damage.
- Comparative Negligence – Utah follows a modified comparative negligence rule. This means you can recover compensation as long as you’re less than 50 percent responsible for the accident. However, your compensation will be reduced based on your percentage of fault.
The Benefits of Legal Representation
It’s technically possible to handle the insurance claims process independently. However, having an experienced car accident attorney on your side can significantly improve your likelihood of achieving a favorable outcome. Here’s how an attorney can help:
- Investigate the Accident – They’ll gather and analyze all available evidence to build a strong case.
- Handle Communication – They’ll deal with insurance companies and other parties on your behalf to protect your rights throughout the process.
- Calculate Fair Compensation – They’ll ensure all your losses, including future medical expenses and lost earnings, are properly accounted for.
- Negotiate Effectively – An experienced attorney will work to secure a fair settlement without the need for a trial.
- Represent You in Court – If they can’t reach a fair settlement, your lawyer will be prepared to take your case to trial and fight for your rights in court.
Remember, insurance companies have teams of lawyers and adjusters who work hard to minimize payouts. Without an attorney, you risk accepting a settlement that’s far less than what you deserve.
Don’t Face the Insurance Companies Alone – Contact a Car Accident Lawyer Today
If your car was hit and the other driver’s insurance won’t pay, it can feel like you’re fighting an uphill battle. Unfortunately, you’re no match for a deep-pocketed insurance company. That’s why London Harker Injury Law is here to level the playing field. Our experienced Utah car accident attorneys understand insurance companies’ tactics and know how to fight against them effectively. We’re committed to fighting for your rights to get you the fair compensation you deserve for your injuries and other accident-related losses.
Contact us today at 77CARCRASH to get started with a free initial consultation. Our law firm is dedicated to helping people like you get the compensation they deserve. We’ll review your case, explain your legal options, and answer any questions you have. Don’t let insurance companies shortchange you. With our proven track record of successful case results, you can trust us with your case.
