Your Rights When You’re Not At Fault in a Car Accident

In Utah, the process of seeking compensation after a car accident works differently compared to most states. Because Utah operates under a no-fault insurance system, you will typically file a claim with your own insurance company first, regardless of who caused the crash.

But that doesn’t mean that you are without options or that you have to settle for less than you deserve. When you’re not at fault in a car accident, knowing your rights is the first step toward getting the compensation you need to move forward.

You Have the Right to Seek Compensation for Your Damages

Utah’s no-fault insurance system requires drivers to carry personal injury protection (PIP) coverage, which serves as your primary source of compensation after an accident. Regardless of who caused the crash, your own PIP coverage should pay for medical treatment related to your injuries, a portion of your lost wages, and certain other expenses.

You are entitled to these benefits under your policy, regardless of who caused the crash.

You Have the Right to Legal Representation

You are never required to handle a car accident claim on your own. Whether you’re filing a no-fault claim with your own insurer or pursuing compensation from the at-fault driver, you have the right to hire an attorney to represent your interests.

Insurance companies, even your own, are businesses focused on their bottom line, and they may use tactics to reduce what they pay. A St. George injury lawyer can level the playing field by handling communications with insurers, gathering evidence to support your claim, and fighting for fair compensation for all your damages. 

You Have the Right to Step Outside of the No-Fault System

If your injuries meet certain legal thresholds, you can pursue a claim directly against the at-fault driver for additional compensation including damages that aren’t covered under PIP, such as pain and suffering. To step outside the no-fault system, you must have either incurred at least $3,000 in medical expenses or suffered a serious injury, such as:

• Permanent disability
• Permanent impairment
• Permanent disfigurement
• Dismemberment

If your case meets one of these thresholds, you can file a third-party insurance claim or personal injury lawsuit against the responsible driver.

You Have the Right to Refuse an Inadequate Settlement Offer

Insurance companies often extend settlement offers quickly after an accident but fast doesn’t always mean fair. You have every right to refuse a settlement that fails to fully account for your medical expenses, lost wages, pain and suffering, and future costs related to your injuries. 

Once you accept a settlement, you can’t go back and request more money later, even if your injuries turn out to be more serious than you initially realized. Before agreeing to any settlement, you should carefully evaluate whether it covers all your current and anticipated needs.

An attorney can review any offer you receive and advise you on whether it’s truly in your best interest.

Get Help Protecting Your Rights After an Accident

Even when you are filing a claim under your own PIP coverage, insurance companies may attempt to minimize what they pay. A Utah car accident lawyer can advocate on your behalf and prevent you from accepting a settlement that falls short of what you deserve. Schedule a free consultation today to discuss your rights and learn how legal representation can make a meaningful difference in the outcome of your claim.