Sandy Residents Injured Outside of Utah

If you are a Utah resident injured in an out-of-state car accident, figuring out how to pursue compensation for your injuries may seem daunting and complicated. An out-of-state car accident may trigger a complex legal process involving multiple jurisdictions and insurance regulations.

London Harker Injury Law ’s Sandy, Utah, attorneys know how to help if an out-of-state accident injures you. Below is an overview of what typically happens in such situations, including a section on Utah’s no-fault insurance rules and how they can impact an out-of-state accident. Call 77CARCRASH today to consult with one of our attorneys about how we can help you.

What Are Utah’s No-Fault Insurance Laws?

Along with eleven other states, Utah operates under a no-fault insurance system for handling personal injuries from auto accidents. Unlike traditional fault states where no compensation is received until fault is determined, in no-fault states like Utah, the injured party turns to their own insurance first for payment of their medical expenses and other losses. These claims are paid under the claimant’s personal injury protection (PIP) insurance.

These claims can include medical bills, lost wages, and some other accident-related expenses. In Utah, unless a person dies or suffers a serious bodily injury as defined by law, the injured party can only pursue a personal injury claim against the at-fault party’s insurance company if their medical bills exceed the $3,000. Until personal injuries pass that threshold, the victim’s insurance provider covers the initial medical expenses.

Because your insurance policy extends beyond state lines, when you’ve been injured in an out-of-state accident, you can still turn to your own insurance first. However, you could file a lawsuit in the state where the accident occurred or in the state where the at-fault party lives if they don’t live where they hit you. It’s important to have a knowledgeable attorney guide you through the process of filing a lawsuit in another state if your claim comes to that point.

What Happens in Cases of Serious Bodily Injury or Death?

In particular situations, an injured person can step outside the no-fault rules of their insurer to pursue compensation directly from the at-fault party’s insurance company. Utah allows some exceptions to the no-fault insurance rule.

One exception to Utah’s no-fault rules is when the accident results in death. In that circumstance, a representative of the deceased’s estate can pursue a lawsuit against the at-fault party for wrongful death.

Another exception is when the car accident results in a serious bodily injury. Under Utah law, these are serious injuries that allow an injured party to file a lawsuit against the at-fault party:

  • Dismemberment
  • Permanent disability or permanent impairment based upon objective findings
  • Permanent disfigurement
  • A bone fracture

In any circumstance where a lawsuit will be filed because of an out-of-state accident that injured you, you must file the lawsuit either in the state where the accident occurred or in the state where the at-fault party resides.

Where Do I File a Lawsuit?

Suppose you were injured in a crash in Texas because you were hit by a drunk driver that lives in North Carolina. If you meet Utah’s criteria for filing a lawsuit, you’ll have to file either in Texas or in North Carolina. If you were partially at fault for the accident, it makes a big difference where you decide to file your lawsuit.

North Carolina’s pure contributory negligence laws prohibit a person who contributed to their own injuries from obtaining compensation through a lawsuit. If the other side can argue successfully that you had anything to do with the crash and your injuries, the court will not award any compensation to you.

Texas, on the other hand, has a modified comparative fault law. Under this law, a person can obtain compensation from the other at-fault party even if they were 50 percent at fault for the crash.

You can see that it will be important to have a lawyer on your side who can advise you about which jurisdiction would be the best place to file your suit. Your lawyer can also verify the statute of limitations deadline in each state. You’ll need to file your lawsuit before the statute of limitations deadline expires to pursue the compensation you need for your injuries.

What Steps Should You Take After an Out-of-State Accident?

After an out-of-state accident, there are essential steps you should take to protect yourself and any potential claim you may have against a negligent party. These steps include:

  • Immediate Response and Safety – The priority after any car accident is to ensure the safety of all parties involved. Check for injuries and call for emergency medical assistance if needed. Contact local law enforcement to report the accident and obtain an official accident report, which can be crucial for insurance and legal purposes.
  • Exchange Information – Exchange contact, insurance, and driver’s license information with the other parties involved in the accident. Note the other vehicle’s license plate number, make, and model. Gather contact information from any witnesses present at the scene.
  • Document the Scene – If it is safe, take photographs of the accident scene, including the vehicle damage, road conditions, traffic signs, and any visible injuries. These visual records can serve as valuable evidence later on.
  • Notify Insurance Companies – Contact your automobile insurance provider to report the accident. Provide them with accurate and detailed information about the incident.
  • Never Admit Fault for the Accident – You should not admit fault for a car accident, even if you may be responsible. Admitting fault can be used against you in negotiations or court following the accident.
  • Seek Medical Treatment – Even if you do not have visible injuries, seeking medical attention after a car accident is crucial. Some injuries may not be immediately apparent, and a medical evaluation can document any injuries or conditions resulting from the accident. Keep records of all medical treatments, including doctor visits, diagnostic tests, medications, and therapy.
  • Stay Off Social Media – Posting about the incident on social media platforms can negatively impact your insurance claim or legal case. Anything you share on social media, such as pictures, videos, or statements, can be used as evidence in a court of law. Even seemingly innocent posts can be misconstrued or utilized against you by insurance companies or opposing attorneys.
What Evidence is Useful in an Out-Of-State Car Accident Case?

In a Utah car accident case, gathering and presenting the right evidence is crucial to establishing liability and securing fair compensation. Our team at London Harker Injury Law can help you identify, obtain, and evaluate the best evidence to build your strongest case. Several types of evidence can be instrumental in supporting your claim:

  • Accident Scene Evidence

    This category includes photographs or videos of the accident scene, skid marks, property damage, traffic signs, and road conditions. It helps recreate the accident and determine fault.

  • Eyewitness Testimonies

    Statements from individuals who witnessed the accident can provide valuable insights and corroborate your version of events. Eyewitness testimonies add credibility to your claim.

  • Police Reports

    Official police reports contain critical details about the accident, including statements from involved parties, witnesses, and any citations issued.

  • Medical Records

    Comprehensive medical documentation, including hospital records, physician reports, diagnostic tests, and treatment records, can prove the extent and nature of your injuries and the related medical expenses.

  • Expert Opinions

    Testimony from medical experts, accident reconstruction specialists, or other relevant professionals can provide specialized insights to support your case. Their expertise can explain the accident’s impact on your physical and mental well-being.

  • Financial Records

    Keep track of all accident-related expenses, including medical bills, rehabilitation costs, prescription medications, and transportation expenses for medical appointments. Maintain records of any time you missed from work because of the accident.

How Can a Sandy, Utah, Auto-Accident Attorney Help If You Were Injured Out of State?

Here at London Harker Injury Law, we possess the necessary legal experience to navigate the complex legal situations that may develop when dealing with multiple jurisdictions. We will thoroughly evaluate the merits of your case, work closely with you to gather crucial evidence, and develop a robust legal strategy. We are fully prepared to represent your interests in court if litigation becomes necessary. Furthermore, we understand the emotional toll of such injuries and provide valuable support throughout the process, protecting your rights while you focus on your recovery.

We understand the importance of establishing strong client relationships. Our genuine concern for individuals fuels our commitment to fiercely advocate for the comprehensive and fair financial compensation you deserve. With our extensive knowledge and ample resources, we fearlessly confront well-funded insurance companies, always keeping your best interests at the forefront. We prioritize people over profits.

Get Your Free Consultation Today

When a Utah resident gets into a car accident in another state, consulting with an experienced car accident attorney can provide valuable guidance and help protect your rights. We can help you analyze your case, identify, and obtain evidence, and navigate the laws and insurance regulations regarding no-fault insurance in an out-of-state accident.

If someone’s vehicular negligence in another state caused you injury, we can help. Call London Harker Injury Law today at 77CARCRASH so we can help you evaluate your claim and fight for your rights.


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