If you've recently been involved in a car accident you believe another party is liable for, it's possible and even likely that you'll be dealing with insurance companies as part of the aftermath here. As many people are well aware, however, insurance companies will often fight tooth and nail to avoid paying out claims wherever possible - and there are a few different tactics they may take to avoid paying your claim.
At the offices of William Rawlings & Associates, we're proud to assist clients around Salt Lake City, Provo, Draper and nearby parts of Utah with numerous personal injury attorney services, including for any car accident or other vehicle accident you're involved in. We provide assistance with every part of your case, including dealing with insurance companies in any way necessary. Let's take a look at some of the most common reasons insurers will often attempt to use as justification for not paying out a car accident claim, plus how you can be sure to avoid them through diligent actions and the help of our attorneys.
Police reports are often a key part of a car accident claim, as they can help provide proof of what happened and who was liable for the incident. Insurance companies may try to use any inconsistencies in the report or even failure to file one to claim that the whole case is uncertain - and therefore no payment should be made.
For instance, perhaps the police report for your case has a few discrepancies - such as one party's vehicle being listed incorrectly in the report. In this situation, your insurance company may claim that since the information isn't accurate, they cannot be sure who caused the accident and refuse to pay out for it.
To avoid this, it's important to always make sure you have an up-to-date copy of the police report you filed following your accident, and to take all measures necessary to make sure it is accurate. The attorneys at William Rawlings & Associates can help with this as well, ensuring everything in the report is correct and that any discrepancies can be remedied or addressed quickly.
If you or anyone in your vehicle sustains injuries in an accident that you believe another party is liable for, your insurance company may demand medical proof of the injury - such as a doctor's visit to verify it. But if they find out you failed to seek medical attention right away or took too long before doing so, they may use this as evidence that the injuries were not very severe and deny the claim.
Now, this can be a nuanced situation, as some minor injuries may not require medical attention - and it's important to be aware of this. However, if you or anyone else in the car have sustained any serious injuries, then you will need to seek medical help right away. This is also where a lawyer can be helpful. At William Rawlings & Associates we can provide guidance on when you should seek medical assistance and how to provide the appropriate evidence of injuries in your car accident claim.
In other cases, an insurance company may refuse to pay out a claim because they don't believe there is enough proof that the other party was at fault. This is another situation where having legal help can be invaluable - as we can assist you in gathering all the evidence necessary to prove liability and make sure your claim is paid out.
From photographic evidence of the accident scene to witness statements and more, we will work hard to make sure the insurance company has enough evidence that the other party was liable for the car accident in question.
Now, while the issues we've gone over to this point are often debatable in nature - and insurance companies will often try to stretch them as far as they can, even sometimes to unrealistic places - there are also some mistakes plaintiffs can make that may complicate things with insurers. A couple examples:
At William Rawlings & Associates, we understand how important it is for victims of car accidents in Utah to have their claims paid out by insurance companies so they can get back on track. That's why we work hard to make sure everything is done correctly and that all evidence is presented in a timely manner, ensuring insurance companies have no choice but to pay out your claim. Contact us today for more information on how our attorneys can help with any car accident claim you may be dealing with.
There are a few forms of insurance that may be required as the driver of a vehicle in Utah, and one that should not be ignored is known as PIP insurance. Generally included as part of your broad car insurance plan, PIP insurance stands for personal injury protection - what is this form of insurance, and what does personal injury protection cover for drivers around the state?
At William Rawlings & Associates, we're happy to help clients around Salt Lake City, Provo, Draper and nearby areas of Utah with all their auto accident injury lawyer needs, plus varying other personal injury attorney services for any kind of injury or hardship you or someone close to you has undergone. Here are some basics on how PIP works, its requirements for Utah drivers, and some of the key areas it covers for any accident you're involved in.
For those just learning about personal injury protection in Utah, it's important to understand that this is a form of insurance that's specifically designed to cover any medical expenses or lost wages you may incur as the result of a car accident. PIP coverage can also include additional costs such as childcare and household services if needed due to injuries sustained in an accident.
Also known as no-fault insurance, PIP coverage is meant to provide quick and easy access to funds for immediate expenses following an accident, regardless of who is at fault. This helps alleviate financial stress and allows drivers to focus on their recovery.
In the state of Utah, personal injury protection is required as part of every car insurance policy. The minimum coverage amounts are $3,000 for medical expenses and $250 per week for lost wages. However, it's recommended that drivers opt for higher coverage limits in order to fully protect themselves in the event of a serious accident.
It's important to note that PIP insurance extends not just to the driver, but also to any passengers in the vehicle at the time of the accident. This allows for coverage of medical expenses and lost wages for all parties involved.
As mentioned previously, personal injury protection covers a variety of expenses related to car accidents. Here are some key areas that may be covered by your PIP insurance:
The most significant expense that PIP insurance covers is medical expenses related to a car accident. This can include hospital visits, doctor's appointments, surgeries, and any necessary medical treatments.
There may also be several associated medical expenses that will be covered by personal injury protection. Things like ambulance rides, X-rays, physical therapy and rehabilitation costs may all be included in your PIP coverage.
If you're unable to work due to injuries sustained in a car accident, PIP insurance can help cover lost wages. This includes both the time you miss from work immediately following the accident as well as any future lost earnings if your injuries prevent you from returning to work.
As we noted above, the limit here for Utah drivers is $250 per week or 85% of your lost income, whichever is lower. This compensation can extend for up to one full year after the accident.
In addition to medical expenses and lost wages, PIP insurance can also cover other related costs such as childcare or household services that may be needed due to your injuries. These additional expenses are meant to help you maintain your normal way of life while recovering from an accident.
It's important to review your policy carefully and understand exactly what is covered by personal injury protection in order to make sure you have adequate coverage for any potential expenses.
To limit the number of minor lawsuits filed over car accidents, Utah has a tort threshold in place. This means that if your injuries are minor enough to fall below a certain threshold, you cannot sue the at-fault driver for additional damages beyond what is covered by your PIP insurance.
However, if your injuries exceed this threshold or meet certain criteria such as permanent disability or disfigurement, you may be able to file a personal injury lawsuit against the at-fault driver. This is one of several areas where working with a knowledgeable personal injury attorney can make a significant difference in the outcome of your case. If you're unsure about your rights or how to navigate the complex legal process, don't hesitate to reach out to an experienced lawyer for guidance and representation.
At the offices of William Rawlings & Associates, we have a team of dedicated and experienced lawyers who are committed to helping you receive the compensation you deserve. We offer free consultations and work on a contingency fee basis, meaning you don't pay anything unless we win your case. Contact us for help with auto accident injury or any other personal injury lawyer needs you may have around SLC, Provo, Draper and nearby areas of Utah!
If you've been awarded a personal injury settlement in a recent case, or are expecting such a settlement sum in the near future, you may already be thinking about important areas like taxes and tax returns with regard to this sum of money. In particular, a common question is regularly asked in these scenarios: Is a personal injury settlement considered income that's then taxable on your yearly tax return?
At the offices of William Rawlings & Associates, we happily assist clients around Salt Lake City, Provo, Draper and surrounding areas of Utah with all their personal injury attorney needs, from auto accident lawyer services and motorcycle accident attorneys to areas like dog bite claims, wrongful death and more. Here are some of the elements of a typical personal injury settlement, plus some of the ins and outs of whether they will be considered taxable income.
One of the more nuanced areas when it comes to personal injury settlements and taxation relates to medical bills. A couple relatively consistent tenets of IRS qualification to keep an eye on here:
Also known as mental anguish, this is another area that's somewhat nuanced. Generally, whether emotional distress portions of a personal injury settlement will be considered income will depend largely on whether these sums relate to the subject of the settlement itself.
That is, if you undergo emotional distress as the direct result of a physical injury like those mentioned above, it's unlikely the IRS will consider this taxable income. But if a settlement is based purely on emotional distress with no physical element involved, it may be considered income and taxed as such.
In most cases, any portion of your personal injury settlement that's specifically designated to replace lost wages from missed work as a result of the injury will be considered taxable income. In these cases, your employer may also be required to report this income and issue you a W-2 form at the end of the year.
However, if you are receiving disability payments for lost wages through an insurance policy, these generally will not be considered taxable income. This is because they are meant to compensate for lost wages and do not represent income.
For those unfamiliar with them, punitive damages refer to those set aside in cases where the defendant is found to have acted with gross negligence or malicious intent. These are meant as a punishment for such actions, rather than to compensate victims for specific losses.
The IRS considers punitive damages to be taxable income in most cases. This applies even if they're part of a personal injury settlement that also includes non-punitive sums – only the punitive portion will be taxed, while the others may not be if they meet the criteria outlined above.
In fact, punitive damage taxation tends to override some of the other basics we've gone over here. For instance, even if the punitive damages are directly related to physical injury or illness, they will not receive the same tax exemption that other portions of a settlement might.
In some cases, particularly if a large punitive damage payment was part of your settlement, you may consider investing some or all of the sum. In these cases, it's important to remember that any interest you receive from this investment will be considered taxable income – even if other portions of your settlement may not be.
In addition to these factors, there are some special considerations for certain types of personal injury settlements. For example, if your settlement includes reimbursement for attorney fees or legal costs, these may be considered tax-deductible. Additionally, if your settlement is paid out over multiple years, this could potentially impact the way it's taxed each year.
Ultimately, the specifics of your personal injury settlement will dictate its taxation – for these and any other relevant areas or questions, our experienced attorneys are here to provide guidance and expertise. Contact our team at the offices of William Rawlings & Associates to learn more about any of our personal injury attorney services around SLC, Provo, Draper or nearby areas of Utah.
Insurance coverage can be confusing at times, particularly when it's possibly necessary for a personal injury situation or certain similar settings. A common question asked of personal injury attorneys within this vein: Does renter's insurance cover personal injury issues that take place on the rented property in question?
At the offices of William Rawlings & Associates, we proudly offer the very best personal injury attorney services you'll find in Salt Lake City, Draper, Provo or any nearby part of Utah, handling cases ranging from car and truck accident injuries to personal injury types like dog bite injuries, property liability and much more. The short answer to the question above: Usually yes, at least to some degree. Let's dive a bit further, however, into the key factors at play in whether a personal injury you or someone close to you sustained might be covered by renter's insurance.
Firstly, for those who aren't familiar with the concept, what exactly is renter's insurance? It's a specific type of insurance coverage that tenants, or renters, take out on their rented homes or apartments. This coverage provides financial protection against losses due to several basic events such as thefts and fires.
Precisely what is covered by a given renter's insurance policy will depend on the specifics of the policy itself, including its terms and coverage limits.
While this will again depend on the specific policy, most renter's insurance policies cover the following kinds of accidents or injuries:
However, it's important to note that each insurance policy is different and may have varying coverage limits. It's always best to carefully review your own policy and speak with your insurance provider for specific information on your coverage. Additionally, if you are injured in a
While most common accidents and personal injuries sustained on rented properties are often covered by renter's insurance, there are some notable exceptions. These include:
As always, it's crucial to carefully review your own renter's insurance policy and speak with your provider for specific details on coverage. In addition, if you sustain a personal injury on a rented property, it's important to consult with a personal injury attorney to determine your legal options and potential for compensation. Don't hesitate to contact the team at William Rawlings & Associates for experienced and knowledgeable representation today, whether you're in SLC, Provo, Draper or any nearby area of Utah!
In most car accident situations, the legal ramifications in terms of fault and damages are fairly simple. One of the two drivers is usually at fault, and may bear liability to the other in terms of physical or emotional damages.
At the offices of William Rawlings & Associates, our personal injury attorneys are here to help with these kinds of basic car accidents for clients in Draper, Salt Lake City, Provo and nearby parts of Utah, but also with a more complex type: The multi-car accident. Liability may not be so simple in these cases, and determining responsibility may take a bit more work. Here's a look at some of the key factors that tend to influence these cases, plus what to be thinking about if you're involved in one.
For starters, it’s important to note that there’s no set method for listing fault in these kinds of accidents. In some cases a single driver will have 100 percent of the fault placed on him or her, while in others multiple drivers may have some responsibility.
As an example, let’s say a driver rear-ends another, pushing the front car into yet another vehicle that’s in front of it. In this case, the driver of the first vehicle to make contact will be responsible for damages to both other vehicles, as they caused the damage. In other situations, though, multiple drivers can contribute to an accident taking place – think of a driver who goes through a red light at far too high a speed, but is then hit by someone who ran the opposing red light at the same intersection in an accident that also impacts a third vehicle. In this case, both the speeder and the driver who ran the red light could be at some degree of fault.
When a multi-car accident takes place in Utah, the first consideration for all drivers involved, even those who may not have been at fault, is their insurance. Utah is a no-fault auto insurance state, meaning that you’ll first use your PIP (Personal Injury Protection) insurance to pay for basic medical expenses or lost work time. Once this policy limit has been reached, which usually happens fairly quickly, drivers are able to use fault and liability to request damages from others involved in the accident.
Some other areas that may play a role in liability for multi-car accidents:
Like with any vehicle accident, multi-car collisions may involve mental trauma in addition to any physical injuries suffered. All car accidents are highly stressful in this manner, but those involving multiple cars – and potentially multiple successive dangerous scenarios – might make trauma symptoms even more severe. These symptoms may include the following areas:
It’s important to note that anyone involved in an accident can experience this sort of trauma, even passengers who were not driving. It’s important to seek help for any of these concerns, and to document such help in detail – you may be eligible for damages in this area.
In Utah, the first bit of coverage for your various accident-related expenses will come from your personal injury protection insurance, which is required under the state’s no-fault insurance laws. For this amount, it does not matter who was responsible.
However, once you exceed this limit, you may be due additional compensation in several areas:
And throughout this process, a personal injury attorney can prove invaluable in helping you to navigate the process. Multi-car accidents may have a variety of factors at play, but they are still very much subject to Utah’s laws and regulations when it comes to determining fault and collecting damages. An experienced attorney will know how to make sure you get the compensation that is due after an accident.
For more here, or to learn about any of our attorney services for clients around SLC, Draper, Provo and other parts of Utah, contact our team at the offices of William Rawlings & Associates today.
After being seriously injured in a motor vehicle crash, hiring a Utah car accident lawyer may not be on your mind at all. The car wreck itself was likely quite startling, and since then, your life has likely turned upside down. You may be both in need of ongoing medical treatment and unable to work, and taking part in activities you once loved may no longer be possible.
However overwhelmed you’re feeling, you still need to pay the bills – but as you’ll soon learn, trying to put your life back together while recovering from your injuries isn’t easy.
In theory, anyone who is injured in an accident caused by someone else should get have a simple way to get compensated for their losses. In reality, Utah personal injury claims are surprisingly complicated, and you may need help from an experienced car accident lawyer to get every dollar you deserve. Here are a few of the ways the right car wreck attorney can guide your injury claim toward the most favorable outcome.
Finding out exactly what happened, how it happened and who was at fault is crucial for any Utah injury claim.
Your recollection of the events matters, of course, but after being in a crash with another motor vehicle, your memory may be a little fuzzy. Many factors and multiple parties may be involved, and you’ll need to paint a full picture of what caused the car wreck and what losses have been incurred as a result of the incident.
To accomplish that, you need information. A knowledgeable and experienced car accident lawyer will launch a thorough investigation, leaving no stone unturned as they look to get to the bottom of what led to your motor vehicle crash.
Knowing what happened is one thing, but proof is essential for a favorable outcome to a Utah personal injury claim.
Collecting the necessary evidence is linked to the investigation process – and as with other legal matters, injury claims arising from car wrecks often involve many different types of evidence. Medical records, police reports, photographs and witness statements are among the forms of proof that can play a critical role in case outcome.
A seasoned personal injury lawyer can help you by gathering proof to support your injury claim – and by using the collected evidence to craft a sound legal strategy. As such, hiring an attorney means putting your best foot forward as you fight for compensation.
Personal injury claims related to Utah car wrecks frequently involve pushy insurance adjusters and other difficult defendants.
Communicating and negotiating with all of the parties involved can be a major burden when you’re trying to recover from serious injuries. And, if you happen to say the wrong thing to the wrong person, you could inadvertently undermine the value of your claim. Worse, your claim for compensation could be completely denied.
With the right Utah car accident lawyer on your side, you won’t have to worry about any of that happening. If you get a call from an insurance adjuster or another defendant, you can simply tell them to contact your attorney.
Insurance adjusters have one goal -- to minimize the amount of injury claim compensation or, better yet, eliminate it entirely.
For this reason, many insurance company representatives engage in underhanded tactics. When negotiating a fair settlement proves to be impossible, injured car wreck victims have one course of action – filing a lawsuit. Utah personal injury claims often settle after this, but there’s always the possibility of a case going to trial.
In any event, having a skilled and experienced Utah car accident lawyer can make a major difference in terms of case outcome. As research shows, car wreck victims who have attorneys receive much more money than those who represent themselves.
If someone’s reckless or careless behind-the-wheel conduct has caused you to be injured, the experienced car accident lawyers at William R. Rawlings & Associates in Draper, Utah, is ready to take the lead with your injury claim.
Our car accident lawyers have been helping others in your position for more than a decade, and you can rely on us to act as both your trusted legal advisor and a dedicated advocate -- and we’ll make every effort to ensure you’re fairly compensated for your injuries and losses. Our legal team handles injury claims on a contingency fee basis, so you won’t have to pay us a fee unless and until we win your case.
At William R. Rawlings & Associates, we offer free, no-obligation consultations to injured car wreck victims throughout northern Utah. To meet with a highly skilled and experienced Utah car accident lawyer, contact our Draper office today.
If you’ve suffered significant injuries in a car wreck, hiring an experienced Utah auto accident lawyer is in your best interests. However, with everything on your plate at the moment, you may not have had a chance to contact a local law firm yet – and you could get a call from the insurance company of the driver at fault for the crash at any point.
So, what should you do if that happens? What do auto accident lawyers in Utah say is the right way to respond? Read on for advice on how to approach your first post-accident phone call from an insurance adjuster.
The conversation might start off on a friendly note, and the adjuster you speak with may even seem empathetic. Don’t be fooled – this person is not on your side.
For the insurance company of the other driver involved in your car wreck, the number one goal is to figure out a way to pay you as little as possible or, better yet, nothing at all. Insurance adjusters will try to trick you, and anything you say could end up harming your case. Remember this, and refrain from getting chatty.
Auto accident lawyers in Utah say that the best way to handle a call from an insurance adjuster is to be courteous and speak in a professional manner.
You may be pretty upset about the car wreck and your injuries, but snapping at the adjuster won’t do any good – and that approach could be detrimental to your case, as your words could end up being used against you. Keep a cool head, and you’ll be better able to keep control over the conversation.
If the insurance adjuster asks whether it’s ok to record the conversation – and they very likely will -- politely decline, saying that you aren’t comfortable being recorded.
They may make the request in a way that makes it seem like giving a recorded statement is the standard procedure. Or, the adjuster might use phrasing that makes you feel as if you’re obligated to comply. Neither is true, and auto accident lawyers caution that a recorded statement could be used to undermine your claim.
The auto accident attorney you hire will want to know about your conversation with the insurance adjuster, so be sure to write down all of the key information as you talk.
Start by jotting down the name, address and phone number of the adjuster along with the name of the insurance company they’re with. As the conversation progresses, take notes on the information you provide and any you receive. Write down any requests that were made, too, and after the call ends, make sure your notes are complete.
The insurance adjuster will be trying to get you to talk about the auto accident, but attorneys say to politely refuse to provide anything but the most basic information.
Telling the adjuster your full name and address is fine, as is telling them the name of your employer. You can also disclose the vehicles involved and the identities of any witnesses. If pressed for details, auto accident lawyers suggest saying that your investigation is ongoing and you aren’t prepared to discuss more at this time.
You can expect questions about your injuries, but you don’t need to provide any health information – not even the name of your doctor or where you’re getting medical care.
Keeping the nature and extent of your injuries to yourself is the best course of action. You might become aware of a new injury related to the car wreck, or your injuries could worsen as time goes on. Anything you say now might be inaccurate, so auto accident lawyers say to tell the adjuster you’re still in treatment and waiting for more information.
When you don’t give the insurance adjuster much to work with, they’ll want to speak with you again, but ending the talk in a resolute manner can discourage repeat calls.
Auto accident lawyers in Utah recommend telling the adjuster that contacting you is unnecessary, as you have no other information to provide. Make it perfectly clear that you prefer limited contact in the future – and that you will never agree to settle without first discussing the matter with an experienced attorney.
Hiring a skilled auto accident lawyer is the best way to protect yourself after being seriously injured in a car wreck – and William R. Rawlings & Associates is here to meet your needs.
Insurance adjusters are tasked with the job of denying as many auto accident claims as they can. When they can’t deny a claim, their objective is to negotiate the lowest possible settlement. This is the type of work they do every day, and you need an attorney with just as much experience. You’ll find that at William R. Rawlings & Associates.
To schedule a free, no-obligation consultation with a highly qualified and experienced auto accident lawyer in Utah, contact us today.
Most people in Utah never think about talking to a car accident attorney until they need one. What’s more, many accident victims don’t know if they even need a lawyer.
If you’ve been injured in a fender bender that wasn’t your fault, should you make a point of consulting with a local legal professional? What can a lawyer do to help with the situation?
The truth is, a car accident attorney can play a vital role in the fight for fair compensation, protecting your rights and ensuring you get every dollar you deserve. Here, we discuss the primary reasons to hire an experienced Utah lawyer after suffering injuries in a motor vehicle collision.
Insurance adjusters aren’t on the side of car accident victims. The companies they represent want to make a profit, so adjusters are tasked with the goal of reducing the amount of money that must be paid out – and some even find ways to deny completely valid claims.
Turning to an experienced Utah car accident attorney can be to your benefit, as a lawyer will:
Make sure that the legal professional you choose specializes in accident claims. Every case is different, but experience matters when it comes to insurance negotiation. With a seasoned car accident attorney on your side, you stand a much stronger chance of reaching a favorable case outcome.
Anyone who is injured as a result of another person’s actions has the right to seek compensation. But because the other parties involved in a motor vehicle collision may try to shift the blame, proving who is liable for your injuries and losses may be rather challenging.
An experienced car accident attorney can help. The right legal professional will build a solid case by:
Collecting all of the available evidence and working with the right specialists – which may include medical and mental health experts, financial specialists and experts in accident reconstruction – is advantageous as far as case outcome is concerned. An accomplished car accident attorney will know what’s needed to forge a strong claim.
When you’re injured in a fender bender, your priority should be on getting better. But the reality is, if you intend to seek compensation from the at-fault party, you don’t have all the time in the world to do so. The accident claim process may not move all that quickly, and there are several deadlines you’ll need to meet.
Reach out to a qualified Utah car accident lawyer, and you won’t have to worry about missing the following:
Failing to meet all of the legal deadlines can be a major problem, as it could mean you no longer have the right to pursue compensation. And while we wish you had the option of waiting until you’re ready to face the situation, you’re better off calling a car accident attorney as soon as possible.
Recovering from a motor vehicle collision is physically, mentally and emotionally stressful. With all that’s going on in your life, you don’t need the added headaches and hassles that come with an accident claim. Your focus should be on getting well, gaining strength and figuring out how to move forward.
With an experienced car accident attorney, you’ll be in a better position to make progress on the road to recovery because:
In the wake of a fender bender, you really don’t need to be dealing with the difficulties of an accident claim on your own. Turning the matter over to a skilled and knowledgeable legal professional is in your best interests – both in terms of your recovery and the compensation you receive for your injuries and losses.
If you were recently injured in a motor vehicle collision in Utah, contact William R. Rawlings and Associates. Our legal team has handled thousands of accident claims, and we know how to help our clients get the maximum amount of monetary compensation for their losses. Plus, we never charge legal fees unless we’re successful in negotiating or litigating a claim.
For a free, no-obligation consultation with an experienced Utah car accident attorney, call William R. Rawlings and Associates today.
Were you involved in a Utah car accident? You may be wondering what you’re in for in terms of resolving the situation, and you probably have quite a few questions.
Meeting with an experienced personal injury lawyer – like the team at William R. Rawlings & Associates – is the easiest and best way to get the answers you need. However, the following article should provide you with some useful information on the Utah car accident claims process.
Utah law mandates the filing of a vehicle accident report in the event anyone was injured or the property damage sustained totals over $1,500. Most car collisions fit one or both of those descriptions – and if that’s the case for your accident, you must notify the nearest law enforcement agency and remain at the scene until an officer responds.
If you suffered injuries and took an ambulance to the hospital before the police arrived, file a report as soon as possible, while your memory of the car accident is still fresh. Failing to report the collision is a misdemeanor in Utah, and the consequences could be up to 90 days in jail as well as a fine of up to $750 or the equivalent in compensatory service.
In addition, your insurance company likely requires that you inform them when a car accident occurs. When you make the call to report the collision, be brief -- providing the date, time and location of the accident is fine, as is sharing the identities of any witnesses and the other motorists involved. You don’t have to tell the adjuster anything else, and you certainly don’t want to consent to give a recorded statement without first talking to a personal injury lawyer.
Utah is a no-fault insurance state, which means that your own insurance policy will cover the damages arising from a car accident – up to a limit – regardless of who is to blame for the collision.
To pursue a personal injury claim against the motorist responsible for your car accident, you must have incurred more than $3,000 in medical bills, lost income and other economic damages. Or, you must have suffered dismemberment, disfigurement, permanent disability or another qualifying serious injury.
If your case meets either or both criteria, you’re not limited to filing a car accident claim under your own insurance policy – you’ll be able to hold the at-fault party accountable. The door will be open to seek out compensation for all of your losses, including emotional distress, pain and suffering, loss of enjoyment and other non-economic damages.
Under Utah law, car accident victims are not required to have legal representation to pursue compensation. That said, many choose to hire a personal injury lawyer – and you may want to go that route, too, putting your focus on recovering and letting a legal expert handle your car accident claim.
Hiring an experienced Utah personal injury lawyer won’t guarantee a successful case outcome, but doing so greatly increases your chances of obtaining every dollar you deserve for your injuries and losses. An attorney can investigate the collision, collect evidence to prove the at-fault motorist’s negligence and handle negotiations with insurance adjusters on your behalf. All of this can go a long way toward ensuring the best possible result.
Consider, too, that comparative negligence laws apply -- and if you are partially to blame for the collision, you’ll see your compensation reduced by your degree of fault. Worse, if another motorist succeeds in proving that you were more than halfway responsible for the car accident, you’ll be barred from recovering damages. A personal injury lawyer can use proven strategies to keep that from happening, fighting for the maximum in compensation.
In Utah, most car accident claims are settled out of court. Getting to that point can be a challenge, however, as the settlement process involves quite a bit of work – and you can expect the insurance adjusters involved to make every effort to devalue your claim or even find a basis for a denial.
As for how your claim will proceed, investigation is the first step. Both sides gather evidence to demonstrate what happened, and since the insurance company will have a team of experts in their corner, you may need the expertise of a personal injury lawyer to level the playing field.
Once you or your personal injury lawyer completes the investigation and the scope of treatment your injuries requires becomes known, it’s time to craft a demand letter to the insurance company. This letter is intended to share the facts and circumstances surrounding your car accident claim, including the costs you have incurred as a result of the collision.
Sending the demand letter is like sending a signal for negotiations to begin. You don’t want to settle for less than what you deserve, but the insurance company may put on the pressure. If they know you’re willing to take the matter to court, they’ll be more likely to offer a fair settlement – and if you have a personal injury lawyer, they’ll know you aren’t going to fold.
Moving through the Utah car accident claims process and securing the maximum in compensation is no easy task, particularly when you’re seriously injured. The legal team at William R. Rawlings & Associates can protect your rights, negotiating a favorable settlement or, if necessary, fighting it out in court.
For expert legal assistance with your Utah car accident claim, contact our office and schedule a personal injury lawyer consultation today.
Hiring a car accident attorney after suffering injuries in a crash can be a smart move, but with everything going on, you might not get a chance to contact a law firm right away. Insurance adjusters tend to act quickly, however, so you may get a phone call quite soon.
If that happens, how should you handle the conversation?
First off, remember that the adjuster works for the insurance company – which means they don’t have your best interests in mind. Anything you say could affect the value of your personal injury claim, so you’ll need to be careful. Here, the experienced car accident attorneys at William R. Rawlings & Associates share their top tips for dealing with insurance adjusters.
You may upset about the car accident and the injuries you’ve suffered, but lashing out at the insurance company’s representative won’t benefit your personal injury claim in any way. Better to remain calm and courteous, as keeping your cool can help you maintain control of the conversation.
The insurance adjuster you speak with will likely try to get you to give a statement about the accident. Politely refuse to discuss anything about the car crash, other than basic facts regarding where and when it occurred and the identities of any witnesses. If the representative pushes you to answer, simply say that your investigation is ongoing and that you’ll share more details at the appropriate time.
You can expect the insurance adjuster to inquire about the nature and severity of the injuries you sustained in the accident, but refrain from revealing any information about your medical condition. It may be days or even weeks before you know the full extent of your injuries, and a premature statement that isn’t accurate could reduce the value of your personal injury claim.
Your car accident attorney will want to know about your phone call from the insurance adjuster. Jot down the information you provide and any you receive during the course of the conversation, and take note of any requests made. Before the call ends, make sure to get the name and telephone number of the person you’re speaking with and the insurance company they represent.
At William R. Rawlings & Associates, we provide legal representation to car accident victims in Utah, Idaho and California. And since we’re former insurance adjusters and insurance company attorneys, we know their tactics – and how to gain the advantage in negotiations.
Turn your personal injury claim over to our law firm, and we’ll make every effort to help you get the maximum in financial compensation. To schedule a free, no-obligation consultation with an experienced car accident attorney, contact William R. Rawlings & Associates today.