Dealing with the aftermath of a car accident can be overwhelming, especially when the damages exceed the insurance policy limits. In Utah, understanding how to handle such situations is essential to protect your rights and financial well-being. If you find yourself in this scenario, consulting a South Jordan personal injury lawyer can make a significant difference in pursuing fair compensation.
Utah is a no-fault insurance state, meaning that the law requires every auto insurance policy to carry personal injury protection (PIP) coverage. PIP typically covers $3,000 of medical bills and some lost wages, regardless of who caused the accident. Therefore, to obtain a fair settlement you will likely have to make a liability claim against the at-fault insurance policy. The minimum liability coverage required in Utah is:
While these minimums may suffice in many accidents, they can quickly be exhausted in more severe cases involving extensive medical expenses, lost income, and significant property damage.
More often than you would think. In the case of a catastrophic accident with huge medical bills or where there are multiple injured parties making claims on the same policy, it is common for the values of the case to exceed policy limits.
Never. An insurance policy is a contract between the insurer and the insured. The insured agrees to pay for a specified amount of coverage (policy limit) at a specified price and the insurance company agrees to pay out the coverage when appropriate. The insurance policy limit sets the maximum amount the at-fault insurance company will pay to a single injured person in a car accident, multiple people injured in a single car accident, and the maximum they will pay for damage to property (your car, etc.) in a single accident. Therefore, the insurance is only contractually obligated to pay up to the limit of the policy and there is no incentive or requirement for them to pay more.
If the damages from your car accident exceed the at-fault party’s insurance policy limits, here are the steps you can take:
As you can see, navigating complex insurance claims and legal proceedings requires expertise. The best thing you can do if any of these circumstances applies to you is contact an experienced car accident attorney. Here’s how the South Jordan personal injury lawyers at True North Injury Law can assist:
When a car accident claim exceeds insurance limits, recovering a settlement that covers all your bases can be challenging but not impossible. By leveraging your own insurance, exploring other avenues for compensation, and consulting the South Jordan personal injury lawyers at True North Injury Law, you can take the necessary steps to protect your financial future. If you’re facing this situation, schedule your free consultation today by calling 801-849-3664 today.
When you're involved in a car accident, the aftermath can feel overwhelming. Not only do you have to deal with potential injuries, but also with the damage to your vehicle. Handling property damage claims can be complex, especially if you’re unsure about your rights and responsibilities. Here’s an in-depth look at some common issues that arise with property damage claims in Utah, and how working with a Utah accident and injury attorney can make a difference.
Utah follows a fault-based system for car accidents, which means that the driver responsible for causing the accident is generally responsible for covering damages. However, determining fault is not always straightforward, as insurance companies will conduct their investigations and may dispute fault if the evidence is unclear. In Utah, at-fault insurance companies have 30 days to conduct an investigation before they are required to do anything. But, if they go over that time frame, there are no teeth in the rule. This can complicate the process of obtaining compensation, especially if both parties believe they were not at fault. In these cases, working with a skilled Utah accident and injury attorney can help protect your rights by providing expert guidance and representation.
After an accident, your first contact will likely be with an insurance adjuster. They are often difficult to communicate with and take a long time to return phone calls. It’s essential to remember that insurance adjusters work for the insurance company, not for you. Their goal is often to minimize the amount the company pays out, which can lead to lowball offers that don’t fully cover the cost of repairs or replacement of your vehicle. Additionally, insurance companies may try to delay your claim or dispute the extent of your damages.
An experienced Utah accident and injury attorney can negotiate on your behalf, ensuring that you receive a fair settlement and that your rights are protected. They understand how to navigate discussions with adjusters and can help gather evidence to support the true value of your property damage claim.
One of the biggest challenges in a property damage claim is determining the fair market value of your car. If your car is deemed a total loss, the insurance company will offer a payout based on what they believe your car was worth at the time of the accident. This amount is often based on databases or other valuation tools, which may not consider the unique aspects of your vehicle, like recent upgrades or repairs.
Your Utah accident and injury attorney can help gather documentation such as maintenance records, receipts for upgrades, and evidence of your car’s condition before the accident to ensure a fair valuation. The key is to find out what the market rate is in your area. So, We often advise clients to go to ksl.com or local dealerships and find out what a similar car is going for. Using this method gives you a solid understanding of the pricing ball park your care should be in.
Beyond the repair or replacement costs, car accidents often involve additional out-of-pocket expenses like towing fees, rental cars, and storage fees for your damaged vehicle. Insurance companies may not cover all these costs unless you push for them. Knowing which expenses are eligible for reimbursement can be challenging, especially if the insurance company resists.
DO NOT let your car sit in storage while you fight with the insurance company about who is at fault. You have a duty to mitigate your damages and that means the longer you let the car sit in storage, the more likely it is you will end up paying the storage fees. Get the car out ASAP.
Working with a Utah accident and injury attorney helps to ensure that you’re compensated not just for repairs but also for these additional costs. They can help you document and present these expenses as part of your claim.
Property damage claims can take much longer than expected to resolve, particularly if there are disputes regarding fault, valuation, or covered costs. Delays can leave you without a vehicle for an extended period, impacting your ability to work or meet other obligations. An experienced Utah accident and injury attorney can help speed up the process by advocating on your behalf and pushing for timely responses from the insurance company.
Navigating the challenges of a property damage claim in Utah after a car accident can be overwhelming. By working with a knowledgeable Utah accident and injury attorney, you can have peace of mind knowing that your rights are protected and that you have an advocate fighting for fair compensation. From understanding Utah’s fault-based system to negotiating with insurance adjusters, having the right legal support can make a significant difference in the outcome of your property damage claim. Call the Utah car accident and injury lawyers at True North Injury Law today to set up your free consultation at 801-849-3664.
What do we mean when we say property damage? We’re talking about the damage to your car. After an accident, many people need to figure out how to get their car fixed or replaced as fast as possible. You typically have two options: (1) run the property damage through the at-fault auto insurance, or (2) run the property damage through your own auto insurance. There are pros and cons to each option.
The most common instinct accident victims have is to run their property damage through the at-fault auto insurance company. They figure that they are not at-fault for the collision, so the person that was should take care of this. That thinking is not wrong. The downside is that it can take a long time to have the at-fault auto insurance do what needs to be done.
The insurance administrative code gives the insurance company 30 days to complete their investigation. R590-190-10(2). However, if they need more time, they pretty much just have to inform you. So, people often call me feeling like the insurance company is not taking them seriously and that they are getting the runaround. This happens because the law does not put a firm time frame in place for property damage claims to be completed.
The upsides are that you don’t have to pay your deductible. While the insurance company is repairing your vehicle or until a reasonable settlement offer has been made for a total loss vehicle, the insurance company should provide you with a rental car or reimburse you for the cost of a rental car. R590-190-11(9).
If you are not in a hurry, running the property damage claim through the at-fault auto insurance is a great option.
Many accident victims hesitate to run their property damage through their own auto insurance because they have to pay the deductible and they don’t want a claim on their record that would increase their premium. While, paying the deductible is definitely the downside. The upsides are:
(1) The repair or payout takes place a lot faster;
(2) Your auto insurance company cannot increase your premium for an accident that wasn’t your fault (See UCA 31A-19a-212); and
(3) Your auto insurance company will go after the at-fault auto insurance company to get the money they expended on your behalf back. When they get it, your auto insurance will reimburse your deductible back to you.
One other possible downside is getting a rental vehicle. If you do not pay for rental car coverage on your policy, you will not have a rental car available to you.
So, if you don’t have a lot of time to wait for your vehicle to be repaired or to get a new car, running the property damage claim through your own auto insurance can definitely be a great option.
If you have questions about your specific case, call expert Utah personal injury attorney, Jake Lee, at 801-849-3664 today to schedule your free consultation and get your questions answered.
