Home Utah Car Accident Claim Guide

Utah Car Accident Claim Guide

Utah logged 59,437 crashes in 2024. They injured 27,094 people. Most of those people never called a lawyer. They answered a few questions, took what the adjuster offered, and never learned what the claim was actually worth.

Here is what nobody tells you at the scene. A Utah car accident claim is not one decision. It is a chain of them, and you make the first few before you know the rules exist.

This guide walks the six questions your claim has to survive. Who caused the crash. Whether your injuries clear Utah's threshold to sue for pain and suffering. Which policies actually pay. Whether the injury traces back to the collision. What your losses add up to. How much time you have left.

Some of this will contradict your adjuster. Utah bars recovery at exactly 50% fault, not just above it. One bone fracture clears the injury threshold no matter how small the bill. Sue a city and you get one year, not four. These rules decide cases, and nobody hands you a copy.

Call William Andrews at (801) 322-4878 for a free review of your crash. No fee unless he recovers money for you.

Who Is at Fault and How a Utah Car Accident Lawyer Proves It

Fault in Utah is not a yes or no answer. It is a percentage, and it gets divided among everyone who contributed. William Andrews Injury Attorney builds fault cases by working backward from what a jury will eventually be asked to fill in, which is a verdict form with a blank next to every name on it.

That structure changes what matters early. A police officer writing a crash report is deciding whether to cite someone under the traffic code. A civil claim asks a different question, and the two answers often diverge. Officers arrive after the fact, work from statements and physical evidence, and rarely have time to pull the records that later prove the case.

A Utah crash report captures the basics well. Location, time, vehicles, drivers, insurance, visible damage, and a diagram. It also captures contributing circumstance codes, which are the officer's judgment about what caused the collision. Those codes carry weight with adjusters even though they are not binding on anyone.

What the report usually leaves out is the evidence that decides contested cases. Signal timing data. Commercial surveillance footage from a business on the corner. Event data recorder downloads from the vehicles themselves. Cell phone records. An officer has no reason to collect any of it, and most of it disappears on a schedule.

How to Read the Contributing Circumstance Codes on a Utah Crash Report

The codes sit in a coded field rather than in the narrative, so people miss them. They describe things like failure to yield, following too closely, speed unsafe for conditions, or driver distraction. Each code is attached to a specific vehicle number, which tells you which driver the officer believed contributed what.

Read them against the narrative and the diagram together. A code assigned to your vehicle is not fatal to a claim, and a code assigned to the other driver does not settle it either. What matters is whether the underlying observation holds up once the rest of the evidence arrives.

An officer who codes speed unsafe for conditions after a winter pileup on I-15 is recording a judgment formed from tyre marks and driver statements, in poor light, with traffic to manage. That judgment may be exactly right. It may also change once someone pulls the weather data for that hour and the signal timing for that intersection.

Fault arguments get made against a backdrop of what is typical, and Utah's pattern is not evenly spread. Salt Lake County accounts for roughly 26% of the state's traffic fatalities, with Utah County near 12%, Weber County around 8%, Washington County about 6% and Davis County around 5%.

Rural roads distort the picture further. Utah's rural counties see about 17% of crashes but roughly 40% of fatalities, because speeds are higher, help is further away, and the collisions that happen there are more often head on. A crash outside Moab and a crash on 400 South in Salt Lake City produce different injuries and different arguments, and a claim handled as though geography were irrelevant misses that.

Utah Code section 78B-5-818 governs how fault gets divided. A jury assigns a percentage to each party, and the numbers must total 100. Those percentages then drive everything about what the claim pays.

The practical fight is rarely about whether someone was careless. It is about how much. An adjuster who concedes their driver ran the light will still argue you were going too fast to stop, and every point they move onto you comes straight off the payment.

Percentages get argued from ordinary details that sound harmless. Whether you were wearing a seatbelt. Whether your headlights were on at dusk. Whether you had just changed lanes. None of those facts caused the collision, and each one gives an adjuster a foothold for the argument that you contributed to the outcome.

Why Fault Can Be Assigned to Someone Who Was Never Sued

Utah allows fault to be allocated to people who are not parties to the lawsuit. A defendant can point at a driver who fled, a road contractor, or a vehicle manufacturer, and ask the jury to put a percentage there instead.

That matters because Utah abolished joint and several liability. Each defendant pays only their own share under section 78B-5-818(3). If a jury puts 40% on an unidentified driver nobody can collect from, that 40% simply does not get paid by anyone else.

Utah uses modified comparative fault. You recover only if the combined fault of everyone else exceeds yours. Read that carefully, because the arithmetic is stricter than most people assume.

Damages of $100,000 with you 30% at fault pay out $70,000. Push your share to 49% and the same claim pays $51,000. Push it to exactly 50% and it pays nothing at all, because 50% does not exceed 50%. That last step is where a lot of published guidance gets Utah wrong, and it is why an adjuster arguing you were half responsible is not haggling over a few thousand dollars. Our page on shared fault after a Provo motorcycle crash walks through how those percentages get argued in practice.

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Whether Your Injuries Clear Utah's Threshold to Sue for Pain and Suffering

Utah is a modified no-fault state, which means your own policy pays your first medical bills regardless of who caused the crash. It also means you cannot sue the at fault driver for pain and suffering until your injuries meet a statutory test.

Plenty of people never learn this exists. They assume a claim is a claim, submit bills, and are surprised when an adjuster explains that general damages are off the table. The threshold is not discretionary and it is not negotiable. Either an injury clears it or it does not.

Personal injury protection, usually written as PIP, is required on Utah auto policies. Section 31A-22-307 sets the minimums. Medical benefits start at $3,000. Lost income runs to $250 per week or 85% of gross earnings, whichever is less, for up to 52 weeks. Household services reach $20 per day for up to 365 days. A funeral benefit of $1,500 and a death benefit of $3,000 sit alongside them.

Those are floors, not ceilings, and drivers can buy more. The medical figure is the one that surprises people. An ambulance ride, an emergency room visit, and one set of imaging can spend $3,000 before anyone has diagnosed anything. Our article on whether you use your own insurance first after a Salt Lake City crash goes through how those benefits get billed in practice.

The Three Day Rule That Delays Lost Income Benefits

Lost income benefits do not begin on the day of the crash. Utah builds in a short waiting period before wage replacement starts, which means the first days out of work are usually yours to absorb.

People who work hourly feel this immediately. Someone who misses a week and expects PIP to cover all of it gets a check for less than they counted on, and the gap is written into the statute rather than invented by the adjuster.

Section 31A-22-309 lists them. Death. Dismemberment. Permanent disability or permanent impairment based on objective findings. Permanent disfigurement. A bone fracture. Or medical expenses in excess of $3,000.

Only one has to apply. They are alternatives, not a checklist, and the last one is the only one tied to money at all. That distinction is worth understanding because adjusters tend to talk about the dollar figure as though it were the whole test.

Why a Bone Fracture Counts Regardless of the Bill

A fracture clears the threshold on its own. The statute attaches no dollar amount to it and no severity requirement. A hairline fracture in a wrist that gets splinted and sent home qualifies exactly the same as a fracture that needs surgery.

This is one of the most useful rules in Utah injury law and one of the least known. Someone whose total bills come to $1,800 but who fractured a rib in the collision has a claim for general damages that an adjuster may have told them they did not have.

What Permanent Impairment Based on Objective Findings Means in Practice

Objective findings are things a clinician can observe or measure rather than things a patient reports. Imaging that shows a herniation. Measured loss of range of motion. Documented nerve conduction abnormalities. Pain alone, however real, is subjective and does not satisfy this route on its own.

The practical consequence is that this path depends entirely on what gets written into the medical record. A physician who documents a specific measured deficit creates the evidence. A physician who writes that the patient reports ongoing discomfort does not.

Section 31A-22-309(1)(b) removes the threshold from uninsured motorist claims. If you are pursuing your own uninsured motorist coverage because the at fault driver had none, the injury test does not stand between you and general damages.

That exemption changes the strategy on smaller cases. A claim with $2,000 in bills and no fracture is blocked against an insured driver and open against an uninsured one. Same injury, same crash, different rule, purely because of who did the hitting.

Which Insurance Policies Actually Cover a Utah Crash

More policies usually apply than people expect. The at fault driver's liability coverage is the obvious one. Your own PIP pays first regardless of fault. Your uninsured and underinsured motorist coverage sits behind both. A commercial policy, a rideshare policy, or an employer's policy may sit above all of it.

Finding coverage is a research task, not a phone call. Adjusters disclose the policy they represent and have no obligation to tell you about the three others that might apply to the same collision.

Utah raised its minimum liability limits. Policies issued or renewed on or after 1 January 2025 must carry at least $30,000 per person, $65,000 per accident, and $25,000 in property damage, or a combined single limit of $90,000. Section 31A-22-304 sets those figures.

Policies written before that date carried lower minimums, at $25,000 per person and $15,000 in property damage. Which set applies depends on when the other driver's policy was issued or last renewed, not on when your crash happened. A collision in 2026 involving a policy that has not renewed since 2024 still runs on the old floor.

A $30,000 per person limit disappears quickly against a serious injury. One night in a hospital, imaging, and a surgical consult can exhaust it before rehabilitation starts. When that happens the liability policy is not the end of the claim, it is the first layer of it.

An adjuster who offers policy limits early is often telling you something useful. They are signaling that the claim is worth more than the coverage, which is the moment to start looking at what sits above it rather than the moment to accept.

How Underinsured Motorist Coverage Fills the Gap

Underinsured motorist coverage, written as UIM, pays when the at fault driver carried insurance but not enough. Section 31A-22-305.3 governs it and sets a floor of $10,000 per person and $20,000 per accident, though most drivers carry more without realizing it.

UIM sits behind the liability policy rather than beside it. The at fault driver's insurer pays first, and your own coverage covers the shortfall up to your limit. Recovering it means opening a claim against your own carrier, which changes the relationship in ways worth understanding before you start.

A rideshare driver carries different coverage depending on what the app was doing at the moment of impact. Offline, waiting for a request, and carrying a passenger are three different coverage states with three different limits.

Commercial vehicles bring their own layers. A delivery van may be covered by the driver's personal policy, the employer's commercial policy, and a separate excess policy above it. Our page on truck accident claims in Salt Lake City covers how those layers get identified when a commercial carrier is involved.

Motorcycles sit outside the system entirely in one important respect. Utah does not require personal injury protection on a motorcycle and PIP does not cover motorcyclists, which means an injured rider has no no-fault medical benefit to draw on while the liability claim proceeds. That gap matters more than it sounds, because riders are badly overrepresented in serious outcomes. Motorcycles account for roughly 3% of registered vehicles in Utah and close to 16% of traffic fatalities. Our motorcycle accident page covers how those claims differ.

How a Salt Lake City Car Accident Attorney Connects the Crash to the Injury

Proving someone caused a collision is not the same as proving the collision caused the injury. Insurers lose the first argument regularly and win the second one more often than they should, because causation lives in medical records rather than in crash physics.

The records get built by physicians who are treating a patient, not by anyone assembling evidence. What ends up written down is whatever the treatment required, which is frequently less than a claim needs.

A gap in treatment is the single most effective defense argument in soft tissue cases. Someone hurts, goes to the emergency room, feels somewhat better, waits three weeks to see a doctor, then gets worse. That three week silence becomes the story the insurer tells.

The argument writes itself. If the injury were real, the reasoning goes, the person would have sought care. Real life supplies plenty of other explanations, including work schedules, childcare, deductibles, and simply hoping it would resolve. None of those explanations appear in the chart unless someone puts them there.

Emergency room records are thin by design. They rule out what is dangerous and discharge what is not. A note reading neck pain, no acute findings, discharged is a complete emergency record and a nearly useless causation document.

What establishes causation is the sequence that follows. A primary care visit that ties symptoms to the collision date. Imaging ordered because symptoms persisted. A physical therapy evaluation with measured deficits. Each one connects the injury to the crash a little more firmly.

What a Treating Physician Can Say That an Independent Examiner Cannot

A treating physician has watched the patient over time. That gives their opinion on causation a foundation a single examination cannot match, and it is why insurers put so much weight on independent medical examinations that last twenty minutes.

An examiner hired by the insurer sees the patient once, usually months after the crash, and reviews a records file someone else assembled. Their opinion is admissible and it carries weight, but it is built on a fraction of the information the treating physician has.

What a Utah Car Accident Claim Can Recover

Utah divides damages into economic losses, which have receipts, and non-economic losses, which do not. Both are recoverable. Both get argued about, but they get argued about in completely different ways.

Economic losses are a documentation problem. Non-economic losses are a persuasion problem. Confusing the two is how people end up with a well documented claim that still settles low.

Medical bills, lost income, diminished earning capacity, property damage, and the cost of services someone else now performs. These get proven with paper, and the claim is worth what the paper supports.

Two categories get missed routinely. Diminished earning capacity is not the same as lost wages, and it applies to someone who returns to work but can no longer do overtime or lift what the job requires. Household services cover the tasks an injured person used to do themselves.

Future Medical Costs and Life Care Planning

A claim that settles today has to account for treatment that has not happened yet. Future surgery, ongoing therapy, medication, and durable medical equipment all belong in the number, and once the claim resolves there is no going back for more.

For catastrophic injuries this becomes a formal exercise. A life care planner projects decades of need and costs it out year by year. Our article on when a life care plan matters explains how those projections get built and why they change settlement values so substantially.

Pain, suffering, loss of enjoyment, and the effect of an injury on a marriage all fall here. Utah does not impose a general statutory cap on these damages in ordinary negligence cases, which distinguishes it from a number of states that do.

That does not make them easy to prove. With no invoice to point at, these losses get established through medical documentation, testimony from people who knew the person before, and specific detail about what changed. Vague statements about pain persuade nobody. A description of a parent who can no longer lift their own child does.

Punitive damages are rare and require conduct well beyond ordinary carelessness. Utah applies a heightened standard, though section 78B-8-201(1)(b) carves out an exception for drunk driving cases, where the ordinary requirements do not apply in the same way.

There is a distribution rule most people have never heard. Under section 78B-8-201(3)(a) the first $50,000 of any punitive award goes to the claimant. Everything above that gets split evenly with the State of Utah. A $500,000 punitive verdict does not put $500,000 in anyone's pocket.

How Long You Have Before a Utah Car Accident Claim Expires

Deadlines are where otherwise strong claims die. The failure is almost never that someone forgot for four years. It is that they were working from the wrong number, because the deadline that applied to their case was shorter than the one they had read about.

Different defendants carry different clocks. The identity of who you are suing changes the deadline more than the nature of your injury does.

Most Utah personal injury claims run on a four year period found at section 78B-2-307(4). It is worth knowing that this figure comes from a residual clause covering actions with no other prescribed limit, rather than from a statute that names personal injury directly.

That subsection was renumbered in 2023. It previously sat at 78B-2-307(3), which means older articles and even some case citations point at a subsection number that no longer holds the rule. The period did not change. The address did.

Wrongful death runs on two years under section 78B-2-304(3), not four. Claims against government entities run on a one year notice requirement. Certain other defendants carry their own periods.

The pattern is consistent. Every deadline that differs from the general rule is shorter than it, never longer. Anyone relying on the four year figure without checking who the defendant is is relying on the most generous number available.

Crashes Involving a Government Vehicle or a Road Defect

A collision with a city snowplow, a transit bus, or a police vehicle is not an ordinary claim. Neither is a crash caused by a road defect the responsible agency failed to fix. Both fall under the Governmental Immunity Act.

Section 63G-7-402 requires a notice of claim within one year after the claim arises. Section 63G-7-403 then bars you from filing suit for 60 days after that notice goes in, and requires the action itself within two years of when the claim arose. Utah rewrote this framework in 2025, and guidance published before that change describes a process that no longer exists.

The filing deadline is not the only clock. Surveillance footage overwrites on a cycle measured in days or weeks. Event data recorders get overwritten by subsequent driving. Vehicles get repaired or sold.

Someone who waits three years to act may still be inside the statute and outside the window where the evidence exists. The legal deadline protects the right to file. It does nothing to protect the proof.

What to Do in the First Two Weeks After a Utah Crash

The first two weeks set up everything that follows. Not because of anything dramatic, but because the routine decisions made in that window become the record the claim gets built on.

Most of what helps costs nothing. Most of what hurts is something people volunteer without being asked.

Utah requires immediate notice to law enforcement when a crash causes property damage of $2,500 or more. Section 41-6a-401.7 requires immediate notice when a crash causes injury or death, with no dollar threshold attached at all.

The written report requirement works differently than people assume. Under section 41-6a-402 a written report is due within 10 days of a request from the department, not automatically within 10 days of the crash. Many summaries state that incorrectly.

Within days an adjuster will ask for a recorded statement. The request sounds procedural and the tone is friendly. The statement is evidence, it is taken before anyone knows the full extent of the injuries, and it gets quoted back months later.

The common damage is not a lie. It is an honest answer given too early. Someone asked how they are feeling three days after a crash says they are doing okay, because at that moment they are, and that sentence resurfaces when a herniation shows up on imaging six weeks later.

You are required to cooperate with your own insurer under the terms of your policy. You are not required to give a recorded statement to the other driver's carrier, and there is no penalty for saying you would rather do it later.

Photograph the vehicles before they are moved or repaired, including the interior and any deployed airbag. Photograph the roadway, the sightlines from your approach, and anything obstructing a view. Keep the clothing and footwear you were wearing.

Write down what happened while it is fresh, including the weather, the light, and what you were doing in the seconds before impact. Memory reorganizes itself over months, and a contemporaneous note carries weight that a recollection given a year later does not. Note the name of any business with an exterior camera pointed at the roadway, because that footage is typically overwritten within one to two weeks.

Talk With William Andrews About Your Utah Car Accident Claim

Your Utah car accident claim turns on rules nobody explains at the scene. Whether your injuries clear the threshold. Whether the adjuster's fault percentage survives scrutiny. Which policies apply and in what order. Whether your deadline is four years or one.

William Andrews works these claims himself. You talk to the attorney, not a case manager three steps removed from your file. He takes crashes across Utah, from Salt Lake City and Ogden to Provo, St. George, Logan, Park City, Moab, Cedar City, American Fork, and Orem.

The review costs nothing and commits you to nothing. If your claim is simple enough to handle on your own, he will say so. If an adjuster is quietly leaning on a rule you have never heard of, he will say that too.

Call (801) 322-4878 or use the contact page. Bring whatever you have, even if that is only a date and a question.

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