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’s Insurance Requirements
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:
$30,000 for bodily injury per person
$65,000 for bodily injury to multiple people per single accident
$25,000 for property damage per accident
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.
How Often do Utah Case Values Exceed Policy Limits?
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.
How Often Do Insurance Companies Pay Out More Than Their 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.
Options When a Claim Exceeds At-Fault Insurance Limits
If the damages from your car accident exceed the at-fault party’s insurance policy limits, here are the steps you can take:
File a Lawsuit
If the at-fault insurance company isn’t even offering you the full policy limits, you can file a lawsuit against the at-fault driver to obtain the policy limits. One of our skilled South Jordan personal injury lawyers at True North can help evaluate your case and determine the best legal strategy.
If the insurance company is offering you the full policy limits, you could file a lawsuit against the at-fault driver to recover compensation from their personal assets. However, where drivers have low insurance limits, there are usually no significant assets. Therefore, this option is not feasible most of the time.
Pursue A Claim Against Other Liable Parties
In some cases, there are multiple drivers who bear some portion of fault of the collision. You could potentially make claims against them. There may also be employers, vehicle manufacturers, or government entities that may share liability for an accident. If you find an additional liable party, you can file claims against them for additional compensation. One of our lawyers can help you figure out how to identify these additional parties.
File a Claim Under Your Own Insurance
Uninsured/Underinsured Motorist Coverage (UM/UIM): If you have UM/UIM coverage, you can file a claim with your own insurer to recover damages not covered by the at-fault party’s policy. It’s a good idea to have higher UIM limits to avoid problems in the event you are hit by someone with low limits.
Consider a Settlement for Partial Compensation
If the at-fault driver has minimal assets and low policy limits, settling for the policy limits available (less than the full value of your case) might be worth considering because it allows you faster resolution, avoids costly litigation, and allows you to move on with your life. Lawsuits can take years and put you in a constant state of anxiety. Some people prefer to get what they can and move on.
Work With Your Health Insurance Company
If your medical bills are in excess of the available policy limits, you can try to work out a deal with your health insurance company where they pay for all the accident-related expenses in exchange for receiving some or all of the settlement monies that you receive. This allows you to walk away from the crash having received all the necessary treatment, recovered your health, and having all your bills paid. But, it could potentially result in your receiving little or nothing in your pocket from the settlement proceeds.
Why You Need a South Jordan Personal Injury Lawyer
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:
Assessing Your Case: A lawyer will evaluate your damages and insurance coverage to identify all potential sources of compensation.
Identifying Strategic Options: Based on the facts of your specific case, a lawyer can help you identify the options available in difficult circumstances.
Negotiating with Insurers: Insurance companies often aim to minimize payouts. An attorney can negotiate on your behalf to secure a fair settlement.
Filing a Lawsuit: If necessary, your lawyer can represent you in court to pursue compensation beyond the insurance limits.
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.
In personal injury litigation, the role of expert witnesses can be pivotal in determining the outcome of your case. At True North Injury Law, we understand the immense value that expert witnesses bring to personal injury claims. Their specialized knowledge can clarify complex issues and bolster the credibility of your case. Here’s an in-depth look at how expert witnesses can help secure the compensation you deserve after a car accident in Utah.
What is an Expert Witness?
An expert witness is a professional with specialized knowledge, training, or experience in a particular field relevant to your case. Their role is to provide informed opinions and testimony that help the court understand technical aspects of the case.
Types of Expert Witnesses
Several types of expert witnesses can be called upon in personal injury cases, depending on the specifics of your situation. Here are some common types:
Medical Experts: These professionals explain the nature and extent of injuries, treatment plans, long-term prognosis, and the impact of injuries on your life. They can also provide insights into whether the injuries were caused by the accident in question.
Accident Reconstructionists: These experts analyze the details of the accident to recreate the sequence of events and the forces involved in the collision. Their testimony can clarify how the accident occurred and who was at fault.
Economists: Economists assess the financial impact of injuries, including lost wages, future earning capacity, and other economic damages.
Vocational Experts: They evaluate your ability to return to work and the impact of your injuries on your vocational prospects.
Engineers and Safety Experts: In cases involving defective products or unsafe premises, these experts can offer opinions on design flaws, safety violations, and failures to meet industry standards.
How Expert Witnesses Strengthen Your Case
Expert witnesses can significantly strengthen your personal injury case in several ways:
Clarifying Complex Issues: They break down complex medical, technical, or financial information into understandable terms for the judge and jury. Their explanations help clarify how the accident happened, the severity of injuries, and the long-term implications.
Establishing Causation: Medical experts provide authoritative opinions on causation, proving that the injuries were a direct result of the accident.
Demonstrating Impact: Economists and vocational experts quantify the financial and occupational impact of injuries, providing detailed analyses of lost wages, diminished earning capacity, and future economic losses.
Establishing Fault: Reconstructing an accident for a jury to understand makes an enormous difference in helping them reach a conclusion about who actually bears the fault for a collision.
Enhancing Credibility: The impartial and professional nature of expert testimony enhances the credibility of your case. Judges and juries often place significant weight on expert opinions, making their testimony a powerful tool in litigation.
Working with True North Injury Law
At True North Injury Law, we have a network of trusted expert witnesses who can provide the specialized knowledge and testimony needed to support your case. Our experienced personal injury attorneys will:
Identify the Right Experts: We’ll determine which types of expert witnesses are most relevant to your case and identify the best professionals to provide testimony.
Coordinate Testimony: We’ll work closely with expert witnesses to ensure their testimony is clear, concise, and compelling.
Present a Strong Case: By integrating expert testimony with other evidence, we’ll build a comprehensive and persuasive case to maximize your chances of a favorable outcome.
If you’ve been involved in a car accident in Utah and need expert assistance, contact True North Injury Law today at 801-849-3664. Let us guide you through the process with the help of a skilled attorney. Schedule your free consultation now and take the first step towards securing the compensation you deserve.
Summer in Utah is a time for outdoor adventures, family vacations, and memorable road trips. However, it is also a period marked by a significant increase in traffic accidents, known as the "100 Deadliest Days of Summer." This period, spanning from Memorial Day to Labor Day, sees a surge in roadway fatalities, making it crucial for drivers to stay informed and exercise caution.
What Are the 100 Deadliest Days?
The 100 Deadliest Days of Summer refers to the period between Memorial Day and Labor Day when there is a noticeable spike in traffic-related fatalities. This phenomenon is not unique to Utah, but the state has been particularly affected due to its popular tourist destinations and scenic drives.
Why Are These Days So Dangerous?
Several factors contribute to the heightened risk during this time:
Increased Traffic Volume: With schools out and families planning vacations, the number of vehicles on the road significantly increases.
Tourism: Utah's national parks and recreational areas attract millions of visitors, adding to the congestion.
Teen Drivers: Summer months see more teenage drivers on the road, often with less experience and a higher likelihood of engaging in risky behaviors.
Distracted Driving: The use of mobile devices, eating, and other distractions contribute to accidents.
Speeding and Impaired Driving: Good weather conditions often lead to speeding, and summer festivities can result in more instances of impaired driving.
The Impact on Utah Roads
According to the Utah Department of Public Safety, the 100 Deadliest Days have a profound impact on the state's road safety statistics:
Fatal Crashes: Fatal crashes nearly double in Utah during this period.
Speeding: Speed is a leading contributing factor in fatal crashes and all crashes. 40.7% of all crashes involve speeding.
Distracted Driving: Distracted driving crashes are twice as likely to occur than an impaired driving crash. Texting and driving is equivalent to someone who is twice the legal alcohol limit.
Safety Tips for Drivers
Staying safe on the roads during the 100 Deadliest Days requires proactive measures and heightened awareness. Here are some essential tips:
Avoid Distractions: Keep your focus on the road. Put away your phone, avoid eating while driving, and ensure passengers do not become a distraction.
Buckle Up: Always wear your seatbelt and ensure all passengers are buckled up.
Follow Speed Limits: Adhere to posted speed limits and adjust your speed according to road conditions.
Never Drive Impaired: If you plan to drink, designate a sober driver or use a rideshare service.
Stay Alert: Be aware of other drivers, especially in areas with high tourist traffic and during peak travel times.
Legal Support After an Accident
Despite taking precautions, accidents can still happen. If you or a loved one is involved in a car accident during the 100 Deadliest Days, it is crucial to seek legal support. A Utah accident attorney at True North Injury Law can help you navigate the complexities of the legal system, ensuring that your rights are protected and you receive the compensation you deserve.
Choosing the Right Attorney
When selecting a Utah accident attorney, consider the following:
Experience: Look for an attorney with a track record of handling traffic accident cases.
Reputation: Read reviews and ask for recommendations to find a reputable lawyer.
Communication: Choose an attorney who values open and transparent communication, keeping you informed throughout the process.
The 100 Deadliest Days of Summer in Utah serve as a stark reminder of the importance of road safety. By understanding the risks and taking preventive measures, drivers can help reduce the number of accidents and fatalities. In the unfortunate event of an accident, one of our skilled Utah accident attorneys can provide the necessary legal support to navigate the aftermath. Stay safe and make this summer memorable for the right reasons. Call us at 801-849-3664 to schedule your free consultation.
