When you are involved in an accident, it can be difficult to determine who is at fault and what your first steps should be. Though Utah has a no-fault insurance system, when damages exceed the statutory threshold, the traffic accident fault must be placed on a driver. How fault is determined in a car accident and who determines said fault can vary, and evidence such as traffic citations, eyewitness statements, and accident attorneys are all helpful when trying to pinpoint who exhibited greater negligence.
Negligence vs Comparative Negligence in Utah
Utah is a negligence law state, and traffic accident fault is decided by the percentage of negligence each driver is accountable for in an auto accident. Because Utah is a no-fault state, property damage like that done to your vehicle is attached to fault. If a driver were to run a red light or was under the influence at the time of the accident, that driver would more than likely be 100% at fault.
However, not every accident is the fault of one driver. Even if you carry some burden of blame for the accident, you may still qualify for compensation. This is where comparative negligence comes in.
Comparative negligence may be applied when both parties have been determined to bear some fault in the accident. This helps insurance companies decide settlement amounts between involved parties. If your percentage of responsibility is 49% or less, you will be eligible for compensation.
How Police Reports Determine Fault
One of the first things you should do after being involved in an auto accident is call the police to the scene. The police will write up a report based on your statement, the statements of others involved, and any eyewitnesses to the accident. If any citations were given by the officers at the scene, they will be included with the report. Some citations that may be written at the scene are:
- Speeding
- Failure to Yield
- Running a red light, or
- Driving under the influence of drugs or alcohol.
Any citations issued at the scene may be used to prove who acted negligently and should be held responsible for damages incurred from the accident.
How Insurance Companies Determine Fault
Car accident fault determination rules can be complicated in no-fault states like Utah when insurance companies are considering both bodily injury and property damage claims. Generally, your insurance company will pay your property damages until the traffic accident fault has been determined. If the fault has been placed on someone other than you, your insurance company will seek reimbursement from the at-fault party. For personal injury claims, each party’s personal insurance pays up to $3,000 of medical bills accrued due to the accident. Once medical bills exceed that threshold, the injured person may file a claim against the at-fault party’s insurance provider.
This is where insurance adjusters come into play. Adjusters will look into all aspects of the accident, including medical reports and physical damages, and they will review every word in each driver’s insurance policy to determine how to apply fault. If both parties are determined to be at fault, adjusters will decide what percentage of fault each driver is responsible for. These decisions will be used to determine settlement offers. This is where having an accident attorney in your corner will pay off.
How a Utah Car Accident Attorney Can Help
No one wants to find themselves in even the most minor of car accidents, let alone one that comes with immense damages and large medical bills due to the negligence of others. Making sense of the technical jargon in your insurance policy and state laws is no small feat.
While we think our insurance company should be our representative, they really represent themselves. Their goal is to keep payouts to a minimum, even when they know their insured driver was largely at fault and the reason behind some hefty medical bills and damages to someone else’s car.
Rather than allowing insurance companies to talk you in circles about who determines fault in accidents or scare you into thinking you are not entitled to any compensation, hire an experienced accident attorney to help walk you through each step. Having an accident attorney in your corner can ensure that you receive the maximum compensation you deserve.
Have you been in an accident that wasn’t your fault? Call and speak with a personal injury lawyer from Ipson Law about your injuries and damages. Our experienced legal team is waiting to represent you today.
Michael is an attorney who started Ipson Law because of his passion for personal injury law. He graduated with a Juris Doctorate degree from McGeorge School of Law in Sacramento, CA. Learn more about Michael on our about us page, and contact Ipson Law to find out how we can help you.
