A car accident can be expensive even when no one gets hurt. You might be left with a damaged vehicle, towing bills, or transportation costs while your car is being repaired.
In Utah, you can generally pursue compensation for property damage caused by another driver’s negligence, even if you weren’t physically injured. Most claims are handled through insurance, but filing a lawsuit may be an option if you cannot reach a fair resolution.
What Can You Recover If You Were Not Injured?
Even if you weren’t injured, you may be able to recover the costs of repairing or replacing your vehicle and other property damaged in the crash.
Depending on the circumstances, recoverable losses may include:
- Vehicle repair costs
- The value of a vehicle that is declared a total loss
- Damage to personal property inside the vehicle
- Towing and storage expenses
- Reasonable loss-of-use expenses
The amount you can recover depends on the losses you can prove, who was responsible for the crash, and any applicable legal limits. Insurance coverage may also affect how much you can collect. Save photos, repair estimates, towing bills, and receipts so you have records to support your claim.
Do You Have to Sue the Other Driver?
Not necessarily. Most property damage claims are handled through insurance, without going to court.
If another driver caused the accident, you can generally file a claim with their liability insurer. Utah requires drivers to carry property damage liability coverage, although the available coverage may not be enough to pay for every loss.
You may also be able to use your own collision coverage, depending on your policy. If you do, a deductible may apply.
If the insurance company denies the claim, disputes fault, or offers less than the damage is worth, filing a lawsuit may be worth considering.
What if Your Car Is a Total Loss?
An insurance company may declare your car a total loss if repairing it would cost too much compared with its value before the crash.
A total-loss payment is generally based on the car’s pre-accident value, not the price of a brand-new replacement. Its age, mileage, condition, features, and comparable local sales can all affect the amount.
If the insurer’s offer seems too low, gather listings for similar vehicles, maintenance records, and receipts for recent improvements. These may help you challenge the valuation.
What if You Feel Fine Immediately After the Crash?
Not having obvious injuries at the scene does not always mean you were unharmed.
Some injuries become noticeable later. Symptoms such as headaches, neck pain, back pain, dizziness, or stiffness may appear hours or days after a collision.
If you notice new symptoms after the accident, seek medical attention rather than assuming they will go away. A medical evaluation can help identify an injury and document when your symptoms began.
What if You Were Partly at Fault?
You may still be able to recover compensation even if you played a role in causing the accident.
Under Utah’s comparative negligence law, you generally cannot recover damages if your share of fault is 50% or more of the total fault assigned in the case. If your fault is below that threshold, your compensation is reduced by your percentage of responsibility.
For example, if you have $10,000 in property damage and are found 20% responsible for the crash, your recovery could be reduced to $8,000.
These rules apply to property damage claims, even when no one was physically injured.
How Long Do You Have to Bring a Property Damage Claim?
In Utah, you generally have four years to file a lawsuit for vehicle damage caused by a car accident. This deadline comes from Utah’s statute of limitations for certain motor vehicle accident claims.
Some cases have different requirements or shorter deadlines, especially when a government entity is involved.
Even if you have several years to file, don’t wait to gather evidence. Photos, repair estimates, receipts, and witness information can be harder to obtain as time passes.
Contact the St. George Car Accident Lawyers at Feller & Wendt, LLC for Help Today
Dealing with an insurance company after a car accident can be frustrating, especially when you’re facing expensive repairs, a totaled vehicle, or disagreements about who caused the crash.
At Feller & Wendt, LLC, our St. George car accident attorneys can help you understand your rights and explore your options for recovering property damage. We can review the evidence, address disputed claims, and help you determine whether legal action makes sense for your situation.
Don’t let an insurance dispute leave you paying for damage someone else caused. Contact us today to discuss your case and find out how we can help.
Feller & Wendt, LLC – Layton Office
67 S. Main St., #100
Layton, UT, 84041
801-499-5060
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169 W 2710 S Cir, Suite 202-A
St. George, UT, 84790
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