When a person meets an accident or a collision, the first question is, “Who’s at fault?” This inquiry can impact insurance claims and personal injury lawsuits. In some states, though, the answer doesn’t matter—at least in the insurance perspective. One of these is Utah.
What Is a No-Fault State?
With auto insurance claims, the state can fall into two categories: fault and no-fault. A no-fault insurance state like Utah awards compensation to the driver and even to the co-passengers regardless of who’s at fault.
Because of this, drivers in this state needs to have personal injury insurance (PIP) coverage on top of other auto insurance policies. In Utah, the minimum amount is $3,000. It covers lost income and medical expenses because of the accident.
It awards such compensation to the driver who also holds or owns the policy. However, passengers who went through the same accident can also claim it.
PIP’s coverage somehow limits the person’s ability to file for a personal injury claim. However, it doesn’t mean that those who felt aggrieved cannot consult a personal injury lawyer in West Jordan, Utah, anymore.
Why People Should Still Work with a Personal Injury Lawyer
In some cases, the cost of damages far exceeds PIP. Take, for example, a vehicle accident that resulted in a severe traumatic brain injury (TBI).
Estimates suggest that medical costs for this can reach up to $3 million. The condition might need lifetime personal care or treatment. According to the rules, Utah drivers can already sue someone for personal injury as soon as medical expenses exceed $3,000.
Furthermore, although PIP also covers compensation, it is still conditional. To take advantage of it, the person must be incapable of working. It also provides only $250 per week (for up to 52 weeks) or 85% of the lost income, whichever is lower.
Besides PIP, Utahns can also have health insurance policies that they can tap during accidents. But these can also be limited:
- Some provide only a reimbursement, and that can take weeks.
- Others extend only a limited amount of hospital income benefits.
- The more significant benefit can kick in only when the person suffers from a partial or permanent disability.
Utah also allows aggrieved parties to sue for non-economic damages, which most people know as “pain and suffering.” They can do so if someone in their family died during the accident or they (or their loved ones, who might be passengers) suffered permanent disfigurement, impairment, or disability.
Take Note, Though
Simply put, a person who meets an accident in a no-fault state can rely on their PIP to cover for their basic needs. These include medical expenses and lost income. Once a person exhausts the limit, they can then tap into their health insurance coverage.
However, in many situations, vehicle accidents lead to higher-than-$3,000 medical expenses. Not everyone has a health insurance policy or own a coverage enough to pay for the remaining costs.
Drivers who experience a collision, therefore, might still need the help of a personal injury lawyer. Note, though, that Utah is also a comparative negligence state, and it has a threshold.
For those who can sue, they need to assess their participation in the injury. If theirs is over 50%, then they may not file a claim. Working with a lawyer can help clear this matter quickly.
No driver wants to get involved in an accident, but for those who do in Utah, they can explore many options to cover their financial needs.
