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.
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.
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.
