What to Do When the Person Who Rear-Ended You Didn’t Have Insurance
Being rear-ended by an uninsured driver can be a frustrating and challenging situation. Navigating uninsured motorist coverage, legal statutes, and claim processes in Utah can be daunting, but this guide explains what to do next, including key legal definitions, coverage nuances, and how to protect your rights.
Understanding Uninsured Motorist Coverage (UM) in Utah
Uninsured Motorist (UM) coverage is a first-party insurance benefit provided under your own policy. It is specifically designed to cover damages and injuries if the at-fault driver lacks insurance or flees the scene.
Key Features of UM Insurance:
- Who It Covers: UM insurance applies when:
- The at-fault driver has no insurance.
- The driver involved in a hit-and-run cannot be located.
- Policy Activation: Your UM coverage becomes active only under specific circumstances, as outlined by your insurance provider.
- Scope of Benefits: Includes medical expenses, lost wages, and other compensatory damages resulting from the accident.
Primary Utah Statutes Governing Uninsured Motorist Claims
Understanding the legal framework helps you assert your rights. Here are the relevant statutes in Utah:
- Utah Code 31A-22-3: Governs general motor vehicle insurance requirements.
- Utah Code 31A-22-305 (UM BI): Focuses on bodily injury claims under UM coverage.
- Utah Code 31A-22-305.5 (UM PD): Covers property damage caused by uninsured motorists.
- Utah Code 31A-22-305.3 (UIM): While related, Underinsured Motorist (UIM) coverage differs as it addresses situations where the at-fault party has insufficient coverage.
3 Common Scenarios for Uninsured Car Accidents in Utah
Each situation calls for specific actions and insurance claims:
- Hit-and-Run with Physical Contact:
- Example: You’re rear-ended in Provo, UT, and the at-fault driver flees.
- Resolution: Your UM insurance covers injuries, such as broken bones or concussions.
- Hit-and-Run Without Physical Contact:
- Example: An unidentified car causes you to swerve and crash without direct contact.
- Resolution: You must provide clear and convincing evidence of the other driver’s fault for your UM claim to apply.
- Uninsured At-Fault Driver:
- Example: At an intersection in Provo, an uninsured driver runs a red light and causes a collision.
- Resolution: Your UM coverage steps in to pay for injuries and damages.
Proving Your Case: Evidence Standards in Utah
Different standards of evidence apply based on the nature of the accident:
1. Clear and Convincing Evidence
- Applies to hit-and-run accidents without physical contact.
- Must provide more than personal testimony (e.g., dashcam footage, witness statements).
2. Preponderance of the Evidence
- Standard for cases involving direct contact.
- Requires showing that it is more likely than not that the uninsured driver caused the accident.
No Threshold Requirement for UM Cases in Utah
Unlike third-party liability claims, uninsured motorist claims in Utah do not require meeting a “threshold requirement” such as exceeding $3,000 in medical expenses.
Differences Between First-Party and Third-Party Claims
Understanding the distinction between first-party and third-party claims is critical:
- First-Party Claims:
- Filed under your own insurance policy (e.g., UM coverage).
- Involve a contractual obligation between you and your insurer.
- Third-Party Claims:
- Filed against the at-fault party’s insurance.
- No direct contractual relationship exists between you and the other driver’s insurer.
Handling Bad Faith Insurance Claims
If your insurer fails to act in good faith, you may file a bad faith insurance claim.
Examples of Bad Faith:
- Denying a valid UM claim without justification.
- Misrepresenting policy terms to avoid payout.
- Delaying claim processing unnecessarily.
Steps to Take After Being Rear-Ended by an Uninsured Driver
1. Ensure Safety and Document the Scene:
- Move to a safe location.
- Call the police and file an accident report.
- Gather evidence, including photos, witness contacts, and vehicle damage details.
2. Notify Your Insurance Company:
- Inform your insurer about the accident immediately.
- Provide all evidence and necessary documentation.
3. File a UM Claim:
- Work with your insurer to initiate the claim process.
- If negotiations stall, consider seeking legal assistance.
4. Consult an Attorney:
- Legal experts can help ensure your rights are protected and negotiate with the insurance company.
Legal Assistance for Uninsured Motorist Claims in Utah
Navigating uninsured motorist claims can be complex, particularly in hit-and-run scenarios or cases involving bad faith. Experienced attorneys, like Jake Gunter, specialize in advocating for accident victims.
- Contact Info: Call or text Jake Gunter at (801) 373-6345 for a free consultation.
FAQs About Uninsured Motorist Claims in Utah
1. Can I file a UM claim if there was no contact with the at-fault vehicle?
Yes, but you must prove the other driver’s fault with clear and convincing evidence.
2. What damages are covered under UM insurance?
UM coverage includes medical bills, lost wages, property damage, and pain and suffering.
3. How long do I have to file a UM claim in Utah?
Typically, you have four years to file a claim, but it’s best to act promptly.
4. Can I sue my insurance company for denying my UM claim?
Yes, if the denial constitutes bad faith or breach of contract.
5. What should I do if the uninsured driver refuses to admit fault?
Gather evidence, file a poli
ce report, and rely on your UM insurance to pursue compensation.
6. How is UIM coverage different from UM coverage?
UIM applies when the at-fault driver has insurance, but their policy limits are insufficient to cover your damages.
Conclusion
Being rear-ended by an uninsured driver doesn’t mean you have to bear the financial burden. With UM coverage, a clear understanding of Utah’s legal framework, and professional assistance, you can secure the compensation you deserve.
Call or text Jake Gunter at (801) 373-6345 for expert legal advice on uninsured motorist claims.