Car Accident?
Let's take care of this.Constant Communication.
We're with you at every step.With us, you will never be treated as just one more case among thousands. Carlson Injury Law will work with you during every stage of your car accident case and we will never be more than a phone call away. Our car accident legal team will walk you through your case step by step to provide you with the guidance and confidence you need while you recover from your injuries.
Car Accident?
Let's take care of this.Constant Communication.
We're with you at every step.With us, you will never be treated as just one more case among thousands. Carlson Injury Law will work with you during every stage of your car accident case and we will never be more than a phone call away. Our car accident legal team will walk you through your case step by step to provide you with the guidance and confidence you need while you recover from your injuries.
Car Accident Lawyers in Salt Lake City, Utah
Car Accident Questions?
Making a claim following a car accident
When you have been in a car accident, truck accident or motorcycle accident, understanding what to do next is of vital importance. Obviously securing the safety of everyone in the accident is the first priority. Call 911 if anyone is injured.
Get the name and address of the driver of each vehicle. The owner of the vehicle may not be the same as the driver, so be sure to also get the name and address of the owner of each vehicle involved. The license plate number of all vehicles involved should be recorded. Lastly, the name of the automobile insurance company for each vehicle should be obtained. When possible, get the names, addresses, phone numbers and email addresses of any eye witnesses to the accident. The passengers in all vehicles involved can also provide vital testimony.
If there is any type of injury, police should be called to investigate the accident, and prompt medical attention should be obtained. The police officer will write a report including the details of the accident as well as the nature and extent of any damages and injuries. Insurance companies usually will require that a report of the accident be obtained before providing any benefits.
You also want to take a photo or write down anything that may have contributed to the accident. Note the weather conditions at the time of the accident. Take pictures of anything that may have obstructed the view of the driver (i.e., overgrown bush, poor sign placement, etc.)
It is important to immediately contact your own motor vehicle insurance company to report a claim, however, it is wise to speak to an attorney before giving any details about your injuries or treatment or before providing a statement to your insurance company.
If you are seriously injured as a result of someone else’s negligence, don’t talk to any representative of the other driver’s/owner’s insurance company until you have sought the advice of your own attorney. If you do obtain the services of an attorney, he or she will be able to help you determine who you should talk to while continuing to protect your own interests. Once you have signed a contract with an attorney, he/she can also speak directly to the insurance company on your behalf.
If an insurance company is calling and asking you to give them a statement, don’t return the call unless you know your rights. A qualified attorney is going to know:
- Why the insurance company is calling for a statement
- What the insurance company is likely to ask you
- Recommendations on how to answer those questions and protect your rights
It is best to consider calling a lawyer before your return any calls to the insurance company.
Insurance companies are very wealthy and very powerful. They will unfortunately often times try to take advantage of those who have been injured in accidents by asking for sworn statements immediately after the event. Insurance companies will try to get you to make statements (often times regarding your injuries) that they can later use against you in court.
We often see that the full extent of injuries may not show up for days, weeks or even months following the accident. If you give a statement that you were not having any pain after the accident but then later develop pain – the insurance company will use your statement as a way to try to deny your claim.
Please contact an experienced car accident lawyer at Carlson Injury Law before giving any statements to an insurance company, including your own.
There is no specific time limit during which the company must come to a settlement agreement with an insured or a third-party claimant. There is a time limit that you have to file a claim in the state courts, or you lose your right to file a claim. This time limit is referred to as the Statute of Limitations. However, an experienced car accident lawyer will help you navigate the process as quickly as possible, keep you informed of the progress on your case and work diligently to ensure you receive the maximum compensation you deserve.
Insurance companies prefer to settle the case without an attorney because they pay you far less. Individuals alone do not know how much they are entitled to or all the damages recoverable. If you, a family member, or one of your passengers, has suffered any automobile personal injury, or even if there is a possibility that someone will claim an injury, it is generally NOT wise to deal with the other side’s insurance company. In such cases you certainly should not settle your claim without speaking to a lawyer who practices accident or personal injury law.
Here are some questions you should ask:
- Do you know the full extent of your injuries, or might there be some late developing symptoms?
- Do you know how long the effects of the injury may last?
- Do you know how difficult the recovery process might be?
- Do you know what therapy may be needed or what it will cost?
- Do you fully understand what the long-term impact of your accident or injury might be on your ability to earn a living, enjoy recreational activities, play sports, do household chores, and so forth?
- Do you understand what is customarily awarded for the “pain and suffering” you endured, the loss of companionship and the extra care your family members provided?
- Do you know how much income you might lose, regardless of any disability insurance you have, both terms of the time you are out of work and afterwards?
- Do you know what portion of money paid to you by the other driver’s insurance company will go to your own health/auto insurance company, union, or employer health plan for expense reimbursement they paid on your behalf?
- Do you know how much money is traditionally recoverable by persons who are similarly injured who have legal representation?
Although you may have the answers to these questions, the other driver’s insurance company may never tell you the truth. Remember, anything you say to the other side’s insurance company can be recorded and used against you. Speak with a knowledgeable attorney at Carlson Injury Law regarding what you are entitled to recover.
There is a misperception that all attorneys require enormous payments for their services before they will even do a moment’s work on your case. At Carlson Injury Law we understand that people who are hurt by another’s negligence may not have substantial financial resources and are entitled to legal representation regardless. Accordingly, we charge fees on a contingency-only basis, which means that unless we win your case, you owe us nothing. If your claim is successful, we will accept a portion of the financial compensation awarded as part of the settlement or verdict.
Medical care for injuries sustained in a car accident
If you feel that you are injured in an accident, you should seek the advice of doctors. Often paramedics will be called to the scene of the collision, and it is your decision whether you should go to the hospital.
Call your doctor if you think you may have hit your head in a car accident.
Go to the emergency room if you have any of the following:
- Bleeding or laceration from an impact
- Loss of consciousness
- Vomiting
- Agitation or restlessness
- Headaches
- A delayed loss of consciousness
- Confusion several minutes after the accident
- A child that has lost consciousness at all
- Memory loss
- Repeating things over and over
- You are taking Coumadin (warfarin), Aggrenox (aspirin and dipyridamole), Plavix (platlet inhibitor, clopidogrel)
If you are unsure of the severity of the injury, immediately go to the emergency room.
For various reasons, there is only a very small percentage of doctors who will accept responsibility for the treatment of individuals injured in an automobile or motorcycle accident. Many doctors may not want to get tied up in the litigation process. Other doctors receive a substantial amount of income from insurance companies and do not want to risk that source of revenue. Some doctors feel that the risks of medical complications, and therefore medical malpractice, are substantially increased when dealing with the complexities associated with an accident injury. Some doctors simply do not like working with attorneys, regardless of the underlying injury.
Based upon our substantial experience, Carlson Injury Law is able to identify those qualified doctors who are willing to accept responsibility for the medical care of the injured despite the probability that it will involve litigation against the insurance industry.
If you have been injured, you will likely have medical bills from physicians, hospitals, physical therapists, and other health care providers. Those bills will be in your name and will typically be sent to your address. You are primarily responsible for paying your bills, regardless of the cause of your injuries. The at-fault person’s liability insurance carrier will be responsible for paying you reasonable compensation for damages incurred, which includes medical bills.
Utah requires all car owners to carry personal injury protection (PIP) insurance, which pays for medical costs, lost income and other related expenses if you're injured in an accident. PIP coverage is also called "no-fault insurance," as it pays for your injuries no matter what party was at fault in a collision. It also provides coverage for any passengers in your vehicle, as well as pedestrians or bicyclists, if they were hurt in the accident. PIP insurance isn't required in Utah for motorcycles, trailers and semitrailers.
You need to seek medical treatment immediately. If you do not have health insurance, contact our law firm. We can arrange treatment with a competent doctor – even with specialists – so that you can get treatment and begin your recovery.
If the health insurance company does not want to pay for your treatment, we can help. We will contact the medical insurance company and give them the information they require to process and pay your medical bills.
When people don’t have enough money from their insurance provider to pay for medical treatment, they often believe that they’re out of options and can no longer receive treatment. In most cases, this belief is not true. There is the option of filing a “letter of protection” (often referred to as an LOP) which is an agreement between the medical provider and the patient’s attorney (with our client’s approval) in which the provider agrees to continue treating with the understanding that any outstanding balances will be satisfied from any recovery made on behalf of the patient by the attorney. This allows a patient to continue receiving treatment without having to make current payments. At Carlson Injury Law, we are very experienced in this process and have an excellent reputation with many medical providers.
Insurance coverage
In Utah, it is mandatory that vehicle insurance policies include Personal Injury Protection coverage or “PIP.” PIP coverage pays for medical bills up to $3,000 unless you have purchased a higher amount of PIP coverage. PIP coverage is available to you and any occupant of your vehicle, regardless of who was at fault for the accident. In most cases, PIP coverage is also available to pedestrians and bicyclists. Your medical providers will submit their bills to your PIP insurance carrier until PIP has paid $3,000. After PIP has paid $3,000, your health insurance will start paying for medical treatment.
The minimum PIP insurance provides coverage for:
- $3,000 of medical expenses per person.
- $3,000 in death benefits, if someone was killed, which would be paid to the heirs.
- $1,500 in burial costs per deceased person, which can go toward cremation, funeral, burial and similar services.
- 85% of lost income due to injuries sustained in the accident, up to a maximum of $250 per week.
- Up to $20 per day as a special allowance for services necessary if you can't perform certain tasks due to injuries.
PIP insurance extends to the car driver as well as any passengers in the vehicle. Since personal injury protection is first-party coverage, your own insurer pays for these expenses no matter which party was determined to be at fault
Yes. In any personal injury car accident case, liability is usually important to prove. The plaintiff has to show that the defendant was liable for the crash. Second, they must show that the actions of the defendant led to the plaintiff’s accident injuries. However, when a passenger is injured in a car accident, the personal injury claim is often easier. This is because liability is less of an issue: One or other of the drivers is responsible, and one or both of them will have to pay for your accident injuries. In virtually all two-vehicle accidents, one driver or the other will be found negligent. It is almost unheard of for a two-car crash to not have one of the drivers blamed. In a one-car accident, such as the driver slamming into a tree, the driver is usually found to be negligent. Generally, when a driver strikes something, they generally are found to have done/not done something that constitutes negligence. In these circumstances you may file your injury claim through the insurance policy of the person who drove the car you occupied, regardless of whether the driver was a family member or friend. Yet, some people are hesitant to make a claim on their friend or family member’s insurance policy. This is an entirely understandable feeling, but think about it this way: You are not really going after them yourself for money. You merely are filing a claim on their insurance policy. You would simply file an insurance claim on their insurance policy to get a certain amount of money to pay for your medical costs and lost wages. Your friend or family member does not have anything else to do with the claim and, rest assured, they likely feel responsible for your injuries and want their insurance company to give you the compensation you deserve.
Unfortunately, Utah law only requires drivers to carry $25,000 in liability coverage. This amount is grossly inadequate to compensate someone who has sustained severe injuries in a car wreck. In such a circumstance, injured individuals will need to make a claim with their own Underinsured Motorist Coverage (“UIM”). UIM insurance coverage is used to cover all the medical bills and other damages that were not covered by the at-fault driver’s insufficient insurance policy. Just like UM coverage, UIM coverage is not required by Utah law. What’s more, insurance companies, including your own, make record profits year after year by minimizing the amounts they pay on claims.
Thus, it is extremely important you consult with an expert in personal injury law to ensure your insurance company pays you the compensation you deserve.
How fault is determined
Figuring out who is at fault in an accident is a matter of deciding who was careless. For traffic accidents, State traffic laws provide guidelines by which liability may be measured. These rules apply not only to automobiles but also to motorcycles, bicycles and pedestrians. In some cases, a driver may be liable for an accident even if he/she was obeying, for example, the posted speed limit, if traveling at the posted speed was unreasonably careless given the weather or traffic conditions at the time.
No. Whether a ticket is issued, to whom it is issued, and what that person does with the ticket, i.e., pays it, disputes it, etc., is all inadmissible in court. It is only the testimony of the parties involved and witness testimony, if applicable, that will be considered by the jury in determining who is at fault for an accident
Yes. If you are in a car accident and do not have your seatbelt on, you can still bring a claim. It is important to tell your attorney if you didn’t have your seat belt on at the time of the accident. If you have additional questions, please call Carlson Injury Law at (801) 845-4577 and speak to an experienced car accident attorney who can assist you with your questions. The insurance company has experts on their side, call Carlson Injury Law to level the playing field.
Property damage claims and obtaining a rental car
Just like when buying a new car, the best thing you can do is arm yourself with knowledge. The internet is your best resource. Kelly Blue Book and NADA are the standards in the industry to find the actual cash value (ACV) of your car. Check out the classified advertisements in your local newspapers, search websites like KSL Classifies, Click Here and check with the car dealerships in your area. Look for the prices of cars similar to yours and submit them to your company, if the prices are higher than the company’s offer. The insurance company’s estimate must be based on the local market. If you feel you are getting the run-around, a car accident lawyer at Carlson Injury Law will gladly assist you.
Ultimately, it is the person who caused the accident that is responsible for the cost of repairing your vehicle. When the at-fault party’s insurance company accepts liability for the accident, they will work with you to get an appraisal of the damage, determine repair costs, and discuss with you where the vehicle can be taken for the repairs. If the repairs would cost more that the vehicle is worth, the insurance company will determine your vehicle is totaled and will discuss the transfer of title, so you may be paid for the objective value of your vehicle. Sometimes when there is a delay in locating insurance for the at-fault party, or liability is not accepted right away, you may need to pay for your repairs initially and then seek reimbursement for your expenses. If you carry collision coverage on your own insurance policy, your insurance company can bear these expenses for you, subject to any deductible on your policy, and your insurance company will seek reimbursement from the at-fault party or their insurance company. Given every case can be different, an experienced attorney at Carlson Injury Law would be happy to answer specific questions regarding your property damage claim.
The parts used do not necessarily have to be original equipment manufacturer (OEM) parts but should be of like kind and quality as the parts being replaced. However, Utah law recognizes a claim for the diminution in value your vehicle sustained as a result of the wreck. A car accident lawyer at Carlson Injury Law can help you obtain the full value for the damage to your vehicle.
Seven to ten working days should be enough time for an insurance adjuster to inspect a damaged vehicle and authorize a rental car. Rental vehicles may not be covered unless it is approved by the insurance company.
Seven to ten working days should be enough time for an insurance adjuster to inspect a damaged vehicle and authorize a rental car. Rental vehicles may not be covered unless it is approved by the insurance company.
If the other driver is at-fault and his/her insurance company accepts liability, then the at-fault driver’s insurance company should provide you with a rental vehicle during the time your vehicle is being repaired or until you receive a check for the value of the vehicle. An issue can sometimes arise when the other driver’s insurance does not accept liability. The other driver’s insurance company has a right to do an investigation to ensure that their insured is actually at-fault. If you need a rental vehicle during this time frame, you can either contact your own insurance company and see if you have rental coverage, or you can pay for a rental vehicle out-of-pocket and submit the receipts to the at-fault driver’s insurance company when they accept liability. If your vehicle is damaged and unusable and you cannot afford to rent a vehicle on your own, you may be entitled to loss-of-use compensation from the at-fault driver’s insurance company.
Texting and drunk driving
When a person is injured in a car accident due to the actions of a drunk driver, the injured person is allowed to seek punitive damages, in addition to compensatory damages, from the drunk driver. Compensatory damages are meant to compensate the injured party for their injuries and include medical bills, lost wages, pain and suffering, etc. Punitive damages, on the other hand, are meant solely to punish and deter people from engaging in the act which caused the harm. Drunk drivers have been subject to punitive damages because as a society we want to deter this type of dangerous behavior and punish an individual who engages in such.
Studies have shown that distracted driving through the use of electronic devices such as cell phones, text-messaging, Facebook applications, etc., is just as dangerous, if not more so, than driving under the influence. According to research performed by the National Transportation Safety Board, texting while behind the wheel increases the risk of an accident by a staggering 2,300 percent. Because of the immense dangers involved with texting while driving, there is a national trend developing to allow individuals hurt by such a distracted driver to sue for punitive damages.
In Utah, a defendant may be held liable for punitive damages if they engaged in intentional misconduct or gross negligence. Gross negligence means that the defendant’s conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
Despite the known dangers of distracted driving, the National Transportation Safety Board has found that texting while driving is increasing. Many people involved with researching and dealing with issue are calling texting while driving the new DUI.
In a lawsuit arising from a drunk driver, the driver will be held liable for the injuries he or she caused. Additionally, a bar or social host may be liable for damages if they served an obviously intoxicated guest, who then drove and caused an accident. However, the fact that the person who served the intoxicated driver alcohol may be held liable does not relieve the intoxicated driver of liability.