Steps in the Car Accident Claims Process

In the moments following a car accident in Utah, your mind races with questions and concerns. During this time, you need to make important decisions that will impact your physical recovery and financial future. Whether you were involved in a car accident, a motorcycle accident or a truck accident in St. George, most accident victims do not know what steps to take or what rights they have under Utah law. The process ahead may seem daunting, but understanding what to expect can help you navigate this challenging time and secure the compensation you deserve.

Step #1: Consult with a Car Accident Attorney 

Your immediate priority after an accident should be seeking proper medical care. Some conditions like whiplash, concussions, or internal bleeding may not show symptoms immediately, and it is important to get checked out to protect your health. Document all medical visits, treatments, and follow-up care thoroughly.

Once your immediate medical needs are addressed, contact a Utah car accident attorney as soon as possible. Securing legal representation early in the process provides numerous advantages. An attorney can help preserve critical evidence, handle communications with insurance companies, and ensure you do not miss important deadlines. They will explain the process ahead, what to expect, and how you can prepare.

Legal representation also levels the playing field. Insurance companies maintain teams of adjusters and lawyers that work for the company, not you. Without representation of your own, you face these professionals alone during one of the most vulnerable periods of your life. Many car accident attorneys in St. George offer free consultations and work on contingency fees, meaning you pay nothing upfront and only pay legal fees if they secure compensation for you.

Step #2: Determine the Appropriate Insurance Claim to File

Utah operates under a no-fault insurance system, which impacts how your claim will proceed. Under this system, your own Personal Injury Protection (PIP) coverage pays for medical expenses and certain economic losses regardless of who caused the accident. Utah requires all drivers to carry at least $3,000 in PIP coverage. Your PIP benefits typically cover you, passengers in your vehicle, anyone borrowing your car with permission, and pedestrians injured in accidents involving your vehicle.

The no-fault system limits your ability to pursue claims against the at-fault driver—unless your case meets specific thresholds. You can step outside this system if your medical expenses exceed $3,000 or if you suffer serious injuries resulting in permanent disability, permanent impairment, permanent disfigurement, or dismemberment. If your case meets either threshold, you can pursue a third-party insurance claim or personal injury lawsuit against the at-fault driver and seek compensation for all your damages, including pain and suffering.

Step #3: File the Insurance Claim and Negotiate for a Settlement

Once you and your attorney determine which insurance claims to pursue, the formal claims process begins. Your attorney will submit a demand letter to the appropriate insurance company. This letter will outline the damages that you want to claim, such as medical expenses, lost income, and vehicle repairs. For claims against the at-fault driver, this letter also details how the accident occurred and establishes the other party’s liability.

The insurance company will assign an adjuster to investigate your claim. They may review police reports, examine medical records, interview witnesses, and inspect vehicle damage. After completing their investigation, the insurance company typically responds with a settlement offer. 

Initial offers are almost always lower than what your claim is worth. Your attorney will negotiate to increase this offer, a process that may involve several rounds of offers and counteroffers. Throughout negotiations, your attorney provides guidance on whether to accept settlement offers. The decision ultimately remains yours, but professional guidance helps prevent you from settling for less than what you deserve.

Step #4: File a Personal Injury Lawsuit, If You Qualify

If negotiations fail to produce a fair settlement or if your case meets Utah’s thresholds for stepping outside the no-fault system, your St. George injury attorney may recommend filing a personal injury lawsuit. This formal legal action initiates court proceedings against the at-fault driver.

After filing the lawsuit, both sides enter the discovery phase. During discovery, each party investigates the other’s claims and defenses by exchanging information and documents. This process typically includes written interrogatories or questions, requests for documents, and depositions, which are formal interviews conducted under oath. Your attorney prepares you for your deposition and represents you throughout this process.

Discovery often reveals new information that can strengthen your case or provide leverage for renewed settlement negotiations. Many cases settle during or after discovery when both sides fully understand the evidence and potential outcomes.

Step #5: Continue Negotiations and Prepare for Trial

Even after filing a lawsuit, settlement negotiations will likely continue. As your trial date approaches, the insurance company may become more willing to offer a fair settlement to avoid the uncertainty and expense of the trial. Your attorney will continue advocating for your interests during these negotiations.

Simultaneously, your lawyer will prepare for the possibility of trial. This process includes developing a trial strategy, preparing exhibits, selecting expert witnesses, and rehearsing testimony. Your attorney may also file pre-trial motions to address any legal issues that have the potential to impact your case.

If your case proceeds to trial, your attorney presents evidence proving the other driver’s liability and the extent of your damages. This may include testimony from you, medical providers, accident reconstruction experts, and other witnesses. After hearing all the evidence, a judge or jury determines whether you should receive compensation and in what amount.

While preparing for the courtroom demonstrates your commitment to obtaining fair compensation, most personal injury cases settle before reaching a courtroom. This trial readiness often motivates insurance companies to offer reasonable settlements rather than risk unfavorable verdicts.

Contact We Win Injury Law Today for a Free Consultation

The car accident claims process can be overwhelming, with insurance adjusters pressuring you to accept settlement while you are still recovering from your injuries. In this situation, do not risk missing critical deadlines or making costly mistakes. Our attorneys at We Win Injury Law will handle every step—from initial investigation to final negotiations—so that nothing falls through the cracks. Contact us at (435) 688-9558 for a free consultation and learn how we can protect your rights throughout your car accident claim.