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JDB Law, PLLC

While you should be able to expect professionalism from an insurance company, sometimes you will encounter delays. When this happens, it could be considered an act of “bad faith.” This can be a sign of them delaying in order to get you to accept a lower settlement, are withholding important information, or are intentionally undervaluing your claim. While not always the case, it’s worth looking into.

After a car accident, the your medical bills are covered by your own auto insurance’s Personal Injury Protection (PIP) coverage. Utah law requires a minimum of $3,000 in PIP coverage (but you can have more if you choose). Each person in a vehicle is covered by PIP, and each person has their own $3,000 (minimum) available to cover medical bills associated with their injuries. PIP is also referred to as No-Fault coverage because it doesn’t matter who is at fault in the accident for PIP to kick in an cover your medical bills. If your medical bills exceed $3,000, you can then file a claim against the at-fault driver’s auto insurance. 

Different from other kinds of lawsuits, personal injury attorneys are generally paid through a contingency fee agreement. Attorneys usually receive 33% of the final settlement or verdict (40% if the case goes to trial, and 45% if there is an appeal). Keep in mind that most attorney’s will want to be reimbursed for costs on top of their attorney fee. Such costs include expert witness fees, deposition fees, exhibit preparation costs, etc.

If you find that repairs do not restore your vehicle to its same value as before the accident, a diminished value claim allows you to capture the difference between the vehicle’s fair market value before the accident and its fair market value after repairs are completed. 

Utah law requires car owners to have Personal Injury Protection (PIP) insurance. This covers medical costs, related expenses, and up to $250 per week of lost income. PIP applies regardless of who was at fault. This is also known as “no-fault insurance.” However, if your injuries are severe enough to exceed $3,000, your are entitled to file a claim against the at-fault driver’s insurance. Part of such a third-party claim can include the total documented amount of lost wages. Keep in mind that a lost wages claim requires that you miss work because of medical treatment or because your doctor has given you a “doctor’s note” excusing you from work while you recover.

Several factors affect the value of a personal injury case. The extent of injuries, the length of recovery from those injuries, the related treatment costs, lost wages and other economic factors, and the extent of available coverage and assets. While we can’t make any guarantees, our personal injury attorney can review the details of the case to give you an estimate of your case.

It is usually not recommended to give a recorded statement to an insurance adjuster in the wake of a car accident without having consulted with an attorney. Should you agree to giving a recorded statement, it gives the insurance companies the opportunity to use your own words against you. This can have devastating effect on the ultimate liability determination. It can also be detrimental in court or during settlement negotiations.