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Utah Legal Team

Your step-by-step guide to filing a car accident claim in Utah

January 23rd

Your step-by-step guide to filing a car accident claim in Utah

If you’ve been involved in a car accident in Utah, you likely have many questions and concerns. You may not know what do to next or how the legal process will unfold.

The attorneys at our law firm understand how overwhelming this process can be and are here to help ensure that your rights are protected and that you get the justice you deserve.

This guide will provide an overview of the steps necessary for navigating a car accident claim in Utah, guiding you every step of the way as we work together toward a successful resolution of your case.

Which steps should you take immediately following a car accident in Utah?

After a car accident in Utah, it is important to take the right steps immediately. These steps include:

  1. Calling the police
  2. Seeking medical attention
  3. Exchanging information with the other driver
  4. Gathering evidence
  5. Contacting a lawyer

Give your accident claim the best chance possible. Here’s how to start off on the right foot:

1. Call the police

First, you should call the police to report the incident and obtain an official police report. This document will be extremely helpful when filing a claim with your insurance company or pursuing a personal injury lawsuit if applicable.

2. Seek medical attention

Second, seek medical attention for any injuries that may have occurred, even if they seem minor at the time. Injuries may worsen over time and it is important to document any medical issues that are related to the accident.

3. Exchange information

Third, exchange insurance information with the other drivers involved in the accident. Make sure to get their contact information as well so you can follow up later if necessary. This will help ensure that the claims process runs smoothly.

4 Gather evidence

Fourth, gather evidence such as photos of any damage that occurred and statements from witnesses who saw what happened. This will help substantiate your claim and ensure that you can receive a fair settlement.

5. Contact a lawyer

Finally, contact an attorney who specializes in dealing with car accidents and personal injury claims so you can receive legal advice about what to do next. An experienced lawyer can help you navigate the claims process and ensure that your rights are protected throughout the proceedings.

Overview of the legal process involved with Utah car accident claims

When it comes to car accidents in Utah, many people might not be aware of the legal process involved. The key is understanding what rights and responsibilities you have as an individual who has been injured in a crash.

A few of the important aspects to consider are:

  • Filing a claim for damages
  • The statute of limitations for personal injury cases
  • Insurance coverage

Filing a claim for damages

Filing a claim for damages is a crucial step after being involved in an accident. In Utah, this can include both property damage and personal injury claims.

If you are seeking compensation for property damages, such as vehicle repair costs and replacement items, you’ll need to file a claim with your insurer or that of the other driver. For personal injury claims, you’ll need to establish negligence on the part of another driver or entity before any compensation can be sought.

It’s best to contact an experienced attorney who can help guide you through this process.

Personal injury case process

Wondering what the process is like for filing a care accident case in Utah? After agreeing to work with a personal injury lawyer, your attorney will start by gathering evidence, such as medical bills, police reports, and witness statements.

This will be used to establish a clear picture of the situation and build your case.

Your attorney will then negotiate with the opposing insurance company or party to secure a settlement that adequately compensates you for all injuries incurred.

If necessary, they may file a personal injury lawsuit on your behalf should negotiations prove unsuccessful. Throughout this process, they’ll ensure that your rights are fully protected according to Utah law.

Insurance coverage

Lastly, when it comes to car accidents in Utah one thing everyone needs to keep in mind is insurance coverage.

All drivers must carry liability insurance coverage with at least minimum levels set forth by state law.

If someone does not have at least these minimum levels of coverage then they cannot receive any type of financial compensation from their insurer if they cause an accident where someone else was injured or property was damaged – even if they were found liable under state law.

Therefore all drivers need to double-check their policies ahead of time and make sure they are carrying sufficient insurance coverage just in case they find themselves involved in an accident while driving on Utah roads.

Time limits for filing a car accident claim in Utah (and exceptions)

The time limits for filing a car accident claim in Utah are important to consider if you have been involved in an accident.

Utah car accident claim statute of limitations

The time limit, or statute of limitations, is the amount of time you have to file a lawsuit or make an insurance claim after an accident.

In Utah, you must file a lawsuit within four years of sustaining an injury or property damage resulting from a motor vehicle collision. If your case is related to uninsured motorist coverage, the claims must be filed within three years from the date of the crash.

It’s important to keep track of these deadlines since once they pass, you will no longer be able to submit a claim in relation to that incident.

Exceptions to the statute of limitations rules

There are some exceptions to this rule; for example, if the person responsible for your damages is a government entity, you may only have 180 days from the date of the collision to submit your claim.

There are exceptions to the statute of limitations. When in doubt, contact an attorney!

If someone else caused more harm after the original incident (such as if they got hurt while receiving medical treatment for the original incident), then the statute of limitations would start on the day that happened rather than on the day of the original incident.

Other exceptions

It is important to know that even if you have missed the time when you are allowed by law to file an insurance claim or lawsuit, there may still be other things you can do, depending on your situation and state laws.

For instance, some courts may allow late filings under certain circumstances such as fraud or duress by someone involved in causing or contributing to your losses.

If this is something that applies to your situation, it is important to speak with an attorney who has experience. They can help you understand what might be possible and if taking the case to court is a good idea.

Do I have a car accident case?

The key to a successful car accident case is proving that negligence or recklessness on the part of another driver caused your injuries or property damage.

Establishing negligence is vital to a successful personal injury case.

If you can show that the other driver acted carelessly and that their actions were what led to your damages, then you may be able to receive compensation from them for any losses you incurred.


Negligence is when someone fails to act as a reasonable person would in similar circumstances and causes an injury or damages.

One example of negligence could be running a red light, or driving too fast for the conditions.

To prove negligence, you must be able to demonstrate that the other driver breached their legal duty of care, which means they failed to drive safely.

You will also need to show that this breach was what caused your damages and that you suffered financial losses of some kind as a result.


Recklessness refers to a more egregious form of negligence, which is when someone’s disregard for safety is so great that it amounts to intentional misconduct or gross negligence.

An example of this would be driving while intoxicated or texting while driving.

If you can prove that the other driver was reckless and their recklessness caused your injuries, then you may have a strong case for compensation.

Types of damages available in a Utah car accident claim

When you experience an automobile accident in Utah, it is important to understand the types of damages that may be available to you. The three types of damages you could seek include:

  1. Economic damages
  2. Non-economic damages
  3. Punitive damages

1. Economic damages

In Utah, a victim of a car accident can seek compensation for economic damages such as:

  • Past and future medical bills
  • Past and future lost wages
  • Property damage to their vehicle
  • Other related expenses

2. Non-economic damages

In addition, they may also be able to seek non-economic damages such as pain and suffering due to physical injuries sustained in the accident, and emotional distress caused by the trauma experienced during or immediately following the crash.

3. Punitive damages

Finally, punitive damages may be available if it can be proven that the other driver acted with extreme negligence in causing the crash. Punitive damages are designed to punish the at-fault party and deter them from engaging in similar behavior in the future.

Punitive damages are uncommon compared to economic and non-economic damages.

It is important for anyone involved in a car accident in Utah to fully understand their legal rights when it comes to filing a claim for compensation due to injuries or property damage suffered from an automobile accident.

A qualified personal injury attorney can help ensure that all possible types of damages are adequately pursued on behalf of their client so that they receive full compensation for any losses incurred.

Benefits of working with Utah Legal Team to seek compensation for your crash

If you’ve been in a crash and are looking for a way to seek compensation for the damages you’ve suffered, working with Utah Legal Team may be the best option.

Our team of attorneys has years of experience helping accident victims get the financial compensation they deserve.

Utah Legal Team recovers $1.1 million for truck accident victim

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Working with Utah Legal Team gives you access to professional legal advice and representation from seasoned experts who understand how to make sure you receive a fair settlement for your injuries and other losses resulting from the accident.

If you’ve been hurt in a crash, contact us immediately. We’re here to help you win the compensation you deserve.

Utah car crash frequently asked questions

Still have questions about the accident claim process in Utah? We have answers.

1. Do you have to call the police after a car accident in Utah?

Anytime there is a death, injury, or total property damage to the apparent extent of $1,500 or more, a report is required. Otherwise, police may or may not be called depending on the severity of the accident and the parties involved.

2. Should I speak to the other driver’s insurance company?

No. It is best to refrain from speaking with the other driver’s insurance company as they may attempt to use any statements against you to reduce or deny your claim. If you need to provide any information, it is best to do so via an attorney who can ensure that your rights are protected.

3. Do I need to hire an attorney for a car accident claim?

It is not always necessary to hire an attorney for a car accident claim, but it is usually advisable. An experienced personal injury lawyer will be able to help you navigate the legal process, protect your rights and interests, and ensure that you receive fair compensation for your losses.

Having an attorney on your side can be invaluable when dealing with insurance companies and other parties involved in the accident.

4. How long do I have to file a personal injury claim for a car crash in Utah?

In Utah, the statute of limitations to file a personal injury claim for a car accident is four years from the date of the incident. It is important to act quickly after an accident, as you may lose the right to recover compensation if you do not file a claim within this period.

5. Is a car accident considered a personal injury?

Yes. Any type of car accident, whether it involves property damage or physical injuries, is considered a personal injury matter and is subject to the applicable laws in each state.

If you have been injured in an automobile accident, it is important to understand your rights as a victim and seek legal counsel so that you can receive fair compensation for

6. How much is my car accident personal injury claim worth?

The amount of compensation that you are eligible to receive will depend on several factors, including the severity of your injuries, any property damage caused by the accident, and the amount of medical expenses incurred.

An experienced personal injury lawyer can help you determine what your claim may be worth and will work to get you the maximum amount of compensation possible.

7. What are the common types of injuries sustained in car accidents?

Common types of injuries sustained in car accidents can include:

  • Broken bones
  • Whiplash
  • Traumatic brain injuries
  • Spinal cord injuries
  • Soft-tissue damage

If you have been injured in a car accident due to another party’s negligence or recklessness, you may be eligible for compensation for your injuries.

8. How do I prove that the other driver is at fault for the accident?

In order to prove that the other driver is at fault for the accident, you will need to provide evidence of liability.

This could include photos or video footage of the accident scene, eyewitness testimony, medical records documenting your injuries, and more.

An experienced personal injury lawyer can help you gather this evidence and build a strong case for liability.

9. What if the other driver does not have insurance?

According to Utah state law, all drivers are required to carry minimum insurance coverage. If the other driver does not have this, you may be able to seek compensation from your own insurance provider.

It is important to speak with an experienced personal injury attorney who can help you understand your legal rights and options in this situation.

10. How do I pay for my medical bills after a car accident?

If you have been injured in a car accident, it is important to seek medical attention as soon as possible. In many cases, the other driver’s insurance provider will be responsible for paying your medical bills.

If the other driver does not have insurance or if there are gaps in coverage, you may be eligible for compensation from your own insurance provider. An experienced personal injury attorney can help you understand your legal rights and options in this situation.

11. Should I accept a settlement offer from the insurance company?

Before accepting any settlement offers from the insurance company, it is important to speak with an experienced personal injury lawyer. Your legal representative can review the offer and advise you if it is a fair and reasonable amount.

It is important to remember that the insurance company’s goal is to limit their financial liability, so it is crucial that you seek legal counsel before agreeing to any settlement offer.

12. What are some common mistakes made after a car accident?

Some common mistakes made after a car accident include:

  • Failing to call the police
  • Not seeking medical attention
  • Not gathering evidence at the scene of the accident

It is important to take action quickly after an accident in order to protect your legal rights.

13. How long will my case take?

The length of your case will depend on many factors, including the complexity of the case and any difficulties that may arise during the legal process.

An experienced personal injury lawyer can give you an estimate of how long your case is likely to take, but it is difficult to predict exactly when a resolution will be reached.

14. How do I choose the right car accident attorney in Utah?

When choosing a car accident attorney in Utah, it is important to look for someone who has experience handling similar cases. An experienced lawyer will be familiar with the applicable state laws and can advise you on what steps to take in order to get the best possible outcome.

It is also important to consider the attorney’s track record of success and whether or not they are willing to take your case on a contingency fee basis.

Finally, it is important to find an attorney who you feel comfortable communicating with, as this will make the process of filing a claim much easier.

15. Can I still recover compensation in Utah if I was partly at fault?

Yes. In some cases, even if you were partly at fault, you may still be entitled to recover compensation in Utah. The amount of compensation awarded will depend on the percentage of fault attributed to each party involved in the accident.

According to Utah’s comparative fault laws, each party will be held liable for the amount of damages they are responsible for, and you can only seek compensation if you were less than 50% responsible for the crash.

16. What happens if you get into an accident without insurance in Utah?

If you are found to be at fault for an accident and you do not have auto insurance, you may face serious financial penalties.

Depending on the severity of the crash, you could be charged with a Class C misdemeanor or a third-degree felony in Utah. Additionally, you may be liable for all damages related to the crash, so it is important to speak with an experienced attorney who can advise you on the best course of action.

It is also important to remember that it is illegal to drive without insurance in Utah, so it is important to purchase auto insurance before operating a vehicle.

17. How do I know if my settlement offer is fair?

It can be difficult to determine if a settlement offer is fair, as many factors may affect the amount of compensation you are entitled to. An experienced personal injury lawyer can review your case and advise you if the offer is reasonable.

Your lawyer will also ensure that any medical expenses or other costs incurred due to the crash are taken into account when calculating the settlement amount. Additionally, your lawyer can help you negotiate a higher amount if necessary.

Ultimately, it is important to rely on your lawyer’s advice when deciding whether or not to accept a settlement offer.

18. Why is it a bad idea to handle your own car crash case instead of hiring a lawyer?

Handling a car crash case without the help of an experienced lawyer is not a good idea for several reasons.

For one, you may be unfamiliar with the legal process and how to navigate it successfully. Additionally, if you try to represent yourself in court, it can hurt your case as the opposing party may take advantage of your lack of legal knowledge.

Moreover, the opposing party may present evidence or arguments that you are not prepared to refute.

Finally, without an experienced lawyer by your side, you may not be able to negotiate a fair settlement or receive the full amount of damages that you deserve. An experienced car accident lawyer can help ensure that your rights are protected and that you receive a fair payout.

19. How much does a Utah car accident lawyer cost?

The cost of hiring a car accident lawyer in Utah can vary depending on the complexity of your case and the lawyer’s experience. Generally, attorneys will charge based on a contingency fee.

This means that the attorney will take a percentage of the settlement or award you receive, usually around 33%. However, some attorneys may offer their services at different rates.

20. Do I have to pay taxes on a car crash settlement in Utah?

No. Any damages received from a car crash settlement in Utah are generally not taxable, as they are considered compensation for pain and suffering.

However, if the settlement includes damages for lost wages or medical expenses, those may be subject to taxes. It is important to speak with a qualified tax professional if you are unsure about the tax implications of your settlement.


Mike McKell is known as an attorney who brings passion to representing both his clients and constituents. He is the founding partner of McKell Thompson Hunter and a current member of the Utah Senate.

*The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.

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