Q. Do I Have a Claim?
Q. The other driver was at fault, but has no insurance. What can I do?
Q. What is “PIP” or “no fault” coverage and how does that affect my right to make a claim against the person who was at fault for my injuries?
Q. If I have been hurt in an automobile accident, who will pay for my treatment?
Q. If I have suffered injuries as a result of negligence, what types of losses or damages will l be compensated for?
Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?
Q. Do I Have a Claim?
A. The specific circumstances of your claim must be evaluated and addressed before we can determine if our firm can help you. We must first obtain answers to many questions and conduct the necessary research. Some of the questions that we ask include:
- Were your injuries caused by another person's negligence?
- Are your injuries clearly related to the accident in question?
- If you were injured in an automobile accident, will you incur over $3,000.00 in accident-related medical expenses, suffer a permanent impairment or be left with a permanent disfigurement (scar)?
- Did the person who caused the automobile accident and / or your injuries have insurance at the time of the accident?
- If you were injured in an automobile accident, did you have insurance on your vehicle at the time of the accident, or if you were injured as a passenger in another person's vehicle, was there insurance on that vehicle at the time of the accident?
Any viable injury claim must have three elements present. The lack of any of these elements can be fatal to the claim. The three critical elements are:
- There must be injuries
- The injuries must have been caused by another person
- There must be a source of recovery (almost always insurance)
When we fully understand the circumstances of your case, we will be able to determine if our firm can help you.
Q. The other driver was at fault, but has no insurance. What can I do?
A. By law automobile insurance carriers are required to offer their insured uninsured or underinsured motorist coverage. What this means is that you probably have insurance with your insurance company in case the liable driver is uninsured. This may also apply where the driver at fault carries minimal insurance. You may have underinsured coverage with your own auto carrier which will supplement your losses in the event they exceed the available insurance from the negligent driver.
Q. What is “PIP” or “no fault” coverage and how does that affect my right to make a claim against the person who was at fault for my injuries?
A. PIP stands for “Personal Injury Protection”, a type of insurance coverage with your own automobile carrier. It is applied regardless of fault, (sometimes called ‘no-fault’) meaning if you are injured in your motor vehicle regardless of whether it was your fault or the other driver’s fault, your insurance company will pay for the medial bills reasonably related to the collision. The minimum PIP limits in Utah are $3,000.00. It is necessary to exhaust these limits, or to have sustained a serious permanent injury before you can proceed to make a claim against the liable third party.
Q. If I have been hurt in an automobile accident, who will pay for my treatment?
A. The person who caused the accident, or his or her insurance company, is responsible for paying for your treatment. Your insurance carrier will also be involved in paying your medical claims in some cases. That is why it is important to identify any medical problems caused by the accident as soon as possible.
Q. If I have suffered injuries as a result of negligence, what types of losses or damages will l be compensated for?
A. Numerous categories of damage recovery exist for each plaintiff. Depending on your specific case, you could receive compensation for one or many of the following damage categories:
- Past Medical Expenses
- Future Medical Expenses
- Past and Present Pain and Suffering
- Future Pain and Suffering
- Disability and Disfigurement
- Loss of a Normal Life
- Aggravation of a Pre-existing Condition
- Past Lost Wages
- Future Lost Income
In a death case, depending on the specific circumstances, it may also be possible for the decedent's estate to recover compensation for the aforementioned categories in what is known as a "survival action." Further, the surviving next of kin (children) may also be able to bring forth a "Wrongful Death" lawsuit for their own benefit and would recover compensation for "loss of society and companionship."
Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?
A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as:
- Write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident;
- Make notes of conversations that you have with people involved in the accident or the injury claim;
- Preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs;
- Locate people who witnessed the accident and who might be able to help you prove your case;
- Notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries, especially if a government agency or employee may be involved; and
- Contact a personal injury attorney to evaluate and pursue your claim.
The statements above are not legal advice! These statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.