3 Types of Uninsured Claims in Utah and How to Resolve Them
Uninsured motorist claims in Utah are an essential part of protecting yourself after a car accident, especially when the at-fault driver lacks insurance or cannot be identified. Let’s explore the three main types of uninsured claims in Utah and how to effectively resolve them.
Types of Uninsured Claims in Utah
1. No Insurance Claims
This occurs when the at-fault driver involved in the accident does not have liability insurance.
- Example:
You are rear-ended on State Street in Orem, Utah. The driver who caused the accident stays at the scene but admits to not having insurance. In this situation, you can file an uninsured motorist (UM) claim with your own insurance company. - Resolution Strategy:
Your uninsured motorist coverage will step in to pay for damages and injuries caused by the at-fault driver. Ensure you report the accident promptly and provide documentation, such as a police report and medical bills, to your insurer.
2. Hit and Run with Contact
In this scenario, an unknown vehicle causes a collision and leaves the scene before being identified.
- Example:
You are driving on Provo’s University Avenue when a car making a left-hand turn collides with you and drives away. Since the driver cannot be located, you must file a UM claim with your insurance company. - Resolution Strategy:
- Collect as much evidence as possible (e.g., witness statements, photos of the scene).
- Report the accident to your insurer and the police.
- File a UM claim under your policy.
3. Hit and Run with No Contact
In this situation, a phantom vehicle causes you to crash without making physical contact.
- Example:
While driving on University Parkway in Orem, a vehicle from the opposite lane swerves into your path. You swerve to avoid a collision but hit another car instead. The phantom vehicle drives off without contact. - Key Challenge:
You must prove your claim with clear and convincing evidence, a higher standard than the usual “preponderance of evidence” standard for other car accidents. - Resolution Strategy:
- Gather witness testimony, surveillance footage, or dashcam video to support your claim.
- File a police report to document the incident.
- Work with an experienced attorney to ensure your claim meets the evidence requirements.
How to Resolve Utah Uninsured Accident Claims
There are several pathways to resolving your uninsured motorist claims in Utah:
1. Settlement – Pre-Lawsuit
- Process:
Attempt to resolve your claim directly with the insurance adjuster. However, insurers often undervalue claims when you negotiate without legal representation. - Tip:
Engage an attorney to help negotiate a fair settlement or determine whether litigation is necessary.
2. Statutory Arbitration
Utah law provides specific rights for uninsured motorist claims under Utah Code 31A-22-305.
- Key Provisions:
- Undisputed Tender: The insurer must provide an upfront payment for the amount they believe the claim is worth.
- Appeal Option: If you disagree with the arbitration outcome, you can appeal to the district court and request a new trial (de novo). However, if you lose the appeal, you could face sanctions.
- Arbitration Panel:
A single arbitrator or a panel of three arbitrators will review and decide your case.
3. Jury Trial Litigation
- Why Choose a Jury Trial?
If your injuries are severe, a jury trial often provides a better chance for maximum compensation compared to arbitration. - Process:
Your attorney will present the evidence to a jury, which will determine the value of your claim. Jury trials allow for more detailed consideration of damages, particularly for pain and suffering.
4. Mediation
- When Used:
Often ordered by a judge before granting a jury trial date. Mediation is a collaborative process aimed at resolving disputes without going to court. - Benefits:
Mediation is typically less adversarial and may lead to faster resolutions compared to trials or arbitration.
Statutes Governing Uninsured Motorist Claims in Utah
Familiarize yourself with the key statutes:
- Uninsured Bodily Injury: Utah Code 31A-22-305
- Uninsured Property Damage: Utah Code 31A-22-305.5
- Underinsured Claims: Utah Code 31A-22-305.3
- Personal Injury Protection (PIP): Utah Codes 31A-22-306 to 309
Understanding these statutes can help you navigate the claims process and enforce your rights effectively.
Frequently Asked Questions (FAQs)
1. What if I don’t have uninsured motorist coverage?
You may still have options, such as pursuing the at-fault party personally. However, uninsured motorist coverage is strongly recommended to protect yourself financially.
2. How much uninsured motorist coverage should I carry?
Experts recommend purchasing coverage equal to your liability limits to ensure sufficient protection in case of an accident.
3. What if my insurer denies my uninsured motorist claim?
Consult an experienced attorney to dispute the denial through arbitration, mediation, or litigation.
4. Can I file a claim for both property damage and bodily injury?
Yes, Utah law allows separate claims for uninsured property damage and bodily injury under the respective statutes.
5. How long do I have to file an uninsured motorist claim?
The statute of limitations for uninsured motorist claims in Utah is typically four years. However, some policies have shorter time limits, so check your policy terms.
6. Can I handle my uninsured motorist claim without an attorney?
While it’s possible, working with an attorney ensures you maximize your compensation and navigate the complexities of Utah’s uninsured motorist laws.
Conclusion
Uninsured motorist claims in Utah can be complex and challenging, but understanding the types of claims and resolution methods can make the process more manageable. From direct settlements to arbitration and jury trials, the path you choose will depend on the specifics of your case and the severity of your injuries.
For expert assistance, contact Utah Car Accident Lawyer Jake Gunter at (801) 373-6345. With over 20 years of trial experience, he can help you secure the compensation you deserve.