Quick Guide: What Are the Basic Provo, UT Car Accident Statute of Limitations?

What Is the Statute of Limitations for Car Accidents in Provo, Utah?

The Statute of Limitations (SOL) is the deadline by which you must file a lawsuit to preserve your legal claim. Miss the deadline, and you lose your right to seek compensation—forever. It’s that serious. Lawyers often call SOLs the “make-or-break” of any case because failing to meet these deadlines can result in a complete loss of your claim.

Utah’s Car Accident Statute of Limitations: Key Time Limits

Here are the critical statute of limitations deadlines that apply to different types of claims in Provo, Utah car accidents:

1. Personal Injury – Bodily Injury Claims

  • Deadline: 4 years from the date of the accident.
  • Utah Law Reference: This applies to car accident negligence claims involving physical injuries.  See Utah Code 78b-2
  • What It Means: If you suffer bodily injuries in a car accident, you have four years to either settle your case or file a lawsuit.

2. Property Damage Claims

  • Deadline: 3 years from the date of the accident.
  • Utah Code: 78B-2-305.
  • What It Means: If your car or other property (like a fence) is damaged in the accident, you have three years to resolve your claim.

3. Wrongful Death Claims

  • Deadline: 2 years from the date of death.
  • Utah Code: 78B-2-304.
  • What It Means: If a car accident results in someone’s death, the surviving family members or estate must file a wrongful death claim within two years of the death.
  • Special Note: Wrongful death claims have unique rules, so consulting an attorney is critical.

4. Personal Injury Protection (PIP) Benefits

  • Deadline: 3 years from the denial of PIP benefits.
  • Utah Code: 31A-21-31 and 31A-22-305.
  • What It Means: PIP benefits, which cover basic medical costs and lost wages, are no-fault benefits. If denied, you have three years to challenge the denial.

5. Uninsured or Underinsured Motorist Claims (UM/UIM)

  • Deadline: 4 years from the triggering event.
  • Utah Code: 31A-22-305.
  • What It Means: If the at-fault driver is uninsured or underinsured, you have four years to file a UM/UIM claim.
  • Important Note: The date the formal 4 years statute of limitations starts from can be hotly disputed.

6. Claims Against the Government

  • Deadline: Typically 1 year from the date of the accident to file a notice of claim.
  • Utah Code: 63G-7-401.
  • What It Means: Car accident claims involving a government entity (e.g., city or state vehicles) require special procedures. You must file a notice of claim within 1 year, after which you may have additional time to pursue legal action.

Important Note: Federal government claims follow different rules. If your accident involves a federal vehicle or employee, seek immediate legal advice.

Exceptions to Utah’s Car Accident Statute of Limitations

While the rules above are standard, certain exceptions may extend or “toll” the deadlines:

  1. Minors (Under 18): If the injured party is under 18, the statute of limitations may be paused until they reach adulthood.
  2. Incapacity: If a claimant is mentally or physically incapacitated, the SOL may be extended.
  3. Tolling Agreements: In some cases, parties may agree to extend the statute of limitations through a formal tolling agreement.
  4. Saving Clauses: Other unique provisions under Utah law may apply to protect your claim.

Why Is the Statute of Limitations So Important?

If you miss the deadline:

  • Your case is dismissed with prejudice (permanently).
  • You forfeit your right to seek any compensation.
  • Insurance companies will refuse to negotiate or settle.

Good attorneys never let statute of limitations issues arise. They either settle the claim early or file a lawsuit well before the deadline.

Don’t Risk Missing Your Statute of Limitations

Statutes of limitations are tricky, and even one misstep can destroy your claim. If you’ve been injured in a Provo, UT car accident, you need to act quickly. Contact a skilled attorney to ensure your case is handled properly and filed on time.

Call for Help Today

For 20 years, Attorney Jacob S. Gunter has successfully handled car accident claims across Utah. Let his experience work for you.

Call or Text: (801) 373-6345
Visit: www.gunterinjurylaw.com
Provo Injury Lawyers: www.provolawyers.com

Frequently Asked Questions (FAQs)

  1. What happens if I miss the statute of limitations deadline?
    You lose your legal right to file a claim or lawsuit.
  2. How long do I have to file a personal injury claim in Utah?
    You have 4 years from the date of the car accident.
  3. What is the deadline for property damage claims?
    Property damage claims must be filed within 3 years of the accident.
  4. What if the accident involves a government vehicle?
    You must file a notice of claim within 1 year. Call an attorney immediately for guidance.
  5. Do special rules apply to minors injured in car accidents?
    Yes, the statute of limitations may be paused until the minor reaches 18 years old.
  6. Can the statute of limitations be extended?
    In some cases, yes. Exceptions like tolling, incapacitation, or saving clauses may apply.