Car accidents happen frequently in St. George, and the legal process that follows can be confusing if you have never been through it before. There’s a lot to keep track of in terms of things like Utah’s no-fault insurance system and comparative fault rules, just to name a couple of examples among many.
This page covers answers to some of the most frequently asked questions (FAQs) about crashes in St. George. While every case is different at the end of the day, the answers below should give you a solid starting point for understanding your legal rights and options going forward.
Do I File a Claim With My Own Insurance or the Other Driver’s?
Utah is a no-fault state, which means your own protection (PIP) coverage pays for certain expenses first, regardless of who caused the accident. Every Utah driver is required to carry at least $3,000 in PIP coverage. These benefits can help cover at least some of your medical bills and lost wages right away.
However, PIP does not cover everything. For example, it won’t cover pain and suffering, and it may not cover all of your financial expenses, either. To pursue those damages, you typically need to step outside the no-fault system and file a claim against the at-fault driver.
Utah law only allows this when your case meets one of two thresholds:
- Your medical expenses exceed $3,000.
- You suffered a serious injury as defined by state law.
If your case meets either threshold, you may have the right to pursue a full personal injury claim or lawsuit against the driver who caused the crash.
What if I Was Partially at Fault for the Accident?
Utah follows a modified comparative negligence system under Utah Code § 78B-5-818. Under this rule, you can generally still recover compensation as long as you are less than 50% responsible for the accident. If your share of fault reaches 50% or higher, you are usually barred from recovering anything.
If you do qualify, your compensation will typically be reduced by your percentage of fault. For example, if your total damages are $100,000 and you are found to be 25% at fault, your recovery would likely be reduced to $75,000.
Insurance companies are well aware of how this system works and will frequently try to push your fault percentage as high as possible. Having an experienced car accident attorney on your side can help protect you from unfair fault assignments.
What Damages Can I Recover After a Car Accident in St. George?
If your case qualifies to go beyond your PIP coverage, you may be able to recover full economic and non-economic damages from the at-fault driver.
Economic damages cover financial losses like:
- All of your medical expenses
- Ongoing medical treatment
- Lost wages/diminished earning capacity
- Property damage
- Out-of-pocket costs
Non-economic damages compensate you for losses that are harder to put a dollar figure on, including:
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Disability
- Trauma and mental anguish
Punitive damages are also possible in rare cases where the at-fault driver’s behavior was particularly egregious.
How Long Do I Have to File a Car Accident Lawsuit in Utah?
Under Utah Code § 78B-2-307, the statute of limitations for most car accident injury cases is generally four years from the date of the crash. Wrongful death claims usually carry a shorter two-year deadline.
If your accident involved a government vehicle or a dangerous road condition maintained by a government entity, the timeline may be even tighter. Missing any of these deadlines can permanently eliminate your right to pursue compensation, though note that there are exceptions for certain circumstances.
How Much Is My St. George Car Accident Case Worth?
There is no all-encompassing answer to this question, as the value of your case will be based on a number of factors unique to your case.
These include:
- How severe your injuries are and whether you will make a full recovery
- The extent of your required medical expenses
- Whether your ability to work, presently and in the future, has been affected
- Whether you share any fault for the accident
- The available insurance coverage and policy limits
A qualified personal injury attorney can also influence the value of your case by bringing in experts and negotiating effectively on your behalf.
Should I Hire a Car Accident Lawyer in St. George?
You are not required to hire an attorney, but doing so is generally in your best interest if you’ve suffered an injury and financial losses from the crash. A qualified lawyer can handle the insurance process on your behalf and take your case to court if a fair resolution cannot be reached through settlement negotiations.
Most personal injury lawyers in St. George work on a contingency fee basis as well, which means you will not pay anything up front. You only owe attorney’s fees if your lawyer recovers compensation for you at the conclusion of your case.
Contact a St. George Car Accident Lawyer at Feller & Wendt, LLC for a Free Consultation
If you were injured in a car accident in St. George, Utah, determining your legal rights is the first step toward getting the compensation you need and deserve. For more information, reach out to an experienced St. George car accident attorney at Feller & Wendt, LLC today at 801-421-3132 to get started with a free consultation.
