If you have more questions, or would like to move ahead with a free consultation.  Call Jake at (801) 373-6345.

It is all about the “Control F” Search.  I tried to alphabetize it.

Adjusters.  People hired to adjust and resolve claims that are made against insurance companies.  Insurance adjusters are trained in negotiation, law and medicine.  There are many types of insurance adjusters.

Adjusters Coverage.  These insurance adjusters, like most adjusters are not licensed attorneys.  Coverage adjusters decide initially if there is coverage or no coverage from a specified event that would trigger insurance benefits.

Adjuster Property Damage.  Sometimes PD and BI adjusters are the same person, other times the property damage and bodily injury adjuster is split out and are different people.

Adjuster Interview.  This is where the claims adjuster for an insurance adjuster interviews you about your injuries and who was at-fault for the car accident.  You have to give an interview to your insurance company, but not the liability carrier.

Adjusters PIP.  Personal injury protection benefits or medical pay adjusters handle PIP benefits.  They pay up to their PIP policy benefits matters like wage loss, household services or medical bill payment.

Adjusters Bodily Injury.  Adjusters that deal solely with the valuation and resolution of your bodily injury claims.

Arbiters.  Arbiters are normally licensed attorneys who have worked in the personal injury area for 20 plus years.  Arbiters arbitrate car accident claims and parties to the lawsuit pay half of the arbiter’s fees.

Arbitration.  Car accident arbitration in Utah involves hiring an experienced attorney who makes a decision on the value of your car accident case.   Utah car accident is cheaper, faster, but generally yields only average results.

Arbitration.  321.  A specific type of car accident only arbitration found at Utah Code 31A-22-321.  Commonly used on smaller cases or cases with litigation defects.

Arbitration. UIM/UM.  A specific type of arbitration found at Utah Code 31A-22-305.3 (Underinsured Motorist Coverages) and 31A-22-305 (Uninsured Motorist Coverages).

Arbitration.  Dog Bite.  A specific type of arbitration for dog bites only found at Utah Code 18-1-4.  As the injured party you can choose arbitration and force the dog owner into arbitration.  Like all forced arbitrations, the defendant can appeal de novo the arbitration verdict into district court with a jury trial right attached.

At-Fault Driver.  The at-fault driver is the driver of the car that hurt you.  Sometimes there can be multiple at-fault drivers.  The liability carrier insures the at-fault driver.

Back Wage Loss.  Wage loss is reimbursement from the at-fault car driver for all work missed.  A dollar number is attached and paid as part of the car accident settlement.

Bodily Injury Claim.  (“BI”)  In contrast to property damage claims.  Bodily injury claims only involve the human being.  Bodily injury insurance clams can be head injuries, emotional distress or physical injuries to knees or the low back.

Brain Injury/Concussion.  A brain injury is a serious, often hidden injury from car accidents.  Brain concussions or mild traumatic brain injuries need to be diagnosed properly,  generally by a neuropsychologist with brain imaging.

Burdens of Proof.  The party who has the burden of proof has the obligation to prove their case.  They must present enough evidence to persuade the fact finder that they won their case.  Common burdens of proof are;  Proof beyond a reasonable doubt.  Clear and convincing evidence.  A preponderance of the evidence.  Probable cause.  Reasonable suspicion.  Substantial evidence (administrative hearings).  In criminal cases the government, the prosecution bears all burden to prove your guilt.

Jury Verdict.  This is where the people have spoken and given a money judgment on your car accident case.  It is the ultimate justice we have in the American Courts.

Reasonable Suspicion.  Reasonable suspicion means suspicion based on specific, articulable facts drawn from the totality of the circumstances facing the officer at the time of the stop, which facts are most frequently based on an investigating officer’s own observations and inferences. State v. Navarro, 2017 UT App 102, ¶ 17, 400 P.3d 1120, 1124.

Pre-Existing InjuriesJust because you have a pre-existing injury doesn’t mean that you don’t have a case.  Pre-existing injuries are super common with middle aged people and is not a bar to recovery in car accident cases.

Probable CauseProbable cause does not require that the officer had proof beyond a reasonable doubt, or even proof by a preponderance of the evidence. Probable cause exists when an officer has knowledge of facts and circumstances that are of such weight and persuasiveness as to convince a prudent and reasonable person of ordinary intelligence, judgment, and experience that it is reasonably likely that a crime has been committed and the person arrested committed that crime.  The existence of probable cause is measured as of the moment of the arrest, not on the basis of later developments. Thus, the ultimate resolution of the criminal charges is irrelevant.

Preponderanc of the EvidencePreponderance of evidence – Evidence which is (even slightly) of greater weight or more convincing than the evidence which is offered in opposition to it.

Beyond a Reasonable Doubt. The highest standard of proof in the American legal system.   The jury instruction read to the jurors on “Proof Beyond a Reasonable Doubt” is found at Utah Mode Jury Instruction 103.  The jury must be “firmly convinced” of the defendant’s guilt.

Comparative Fault.  The process under Utah law where a jury or judge apportions fault between the parties in a car accident case.  The governing law is the Utah Comparative Fault Act, Utah Code 78B-5-818.

Coverage Issues.  Insurance coverage issues arise in car accident cases when there are 2 or more insurance companies fight to be secondary coverage or just not primary coverage.

Chiropractors.  Doctor of Chiropractic.  A chiropractor is a medical provider focused on neuromuscular diagnosis and treatment, with an emphasis on treatment through manual adjustment and manipulation of the spine.

Chiropractor Lien.  A chiropractor lien is a voluntary secured promise given by the injured party to the chiropractor that they will pay for the chiropractor’s services out of their settlement proceeds.

Contingency Fee Agreement.   A written signed contingency fee agreement is required to represent injured people where the attorney gets paid out of the settlement proceeds.

Dramshop Act.  Utah calls its dramshop act the Alcoholic Product Liability Act and it is found at Utah Code 32B-15-1.  The Dramshop Act holds alcohol serving establishments liable for overserving drunk people who later cause harm to others.

DUI Accident Case.  Injury cases involving a DUI driver hurting people have unique aspects to them.  There is often a criminal case to them, and there can be punitive damages.

Deposition.  A deposition in your car accidetn case is where the insurance defense attorney can ask you questions under oath about your car accident and injuries.  Depositions generally take 2 hours plus.  The purpose of the deposition is for the insurance company to better value your injury claim.

Deponent.  The person whose deposition is taken.

Evidence.  Evidence in a case can be documentary, exhibits or testimonial.

Evidentiary Hearing.   Like a bench trial or jury trial, the Utah Rules of Evidence apply to evidentiary hearings.  Live witnesses are called, objections are made and evidence and exhibits are received into the record.    Evidentiary hearings are used when there are disputed issues of fact that can’t be resolved unless live testimony is heard.

Economist.  A common expert in a car accident personal injury case that reduces to present value future damage awards, such as future medical bills, future medical life care plans and future lost wages.

Expert Witnesses.  Expert witnesses come in many different forms and are commonly;  medical doctors, chiropractors, physical therapist, economists, vocational rehabilitationists, accident reconstructionists.  Expert witnesses cost lots of money and must be designated just right.

Excess Judgments.  Excess judgments don’t happen very much.  Excess judgements are where the jury’s verdict is over and above the at-fault party’s insurance policy limits.

Future Wage Loss. Future wage loss is the amount of money that will compensate you for your future wage loss that you will incur.

General Damages.   Legally general damages are called noneconomic damages.  They are the amount of money that will fairly compensate an injured person from the harms and loss sustained by the negligent behavior of the at-fault party.  Insurance companies don’t like general damages and would love to have a cap on what could be awarded by a jury or judge. Medical malpractice has general damages caps.

Here is what Utah’s jury instructions state:

CV2004 Noneconomic damages defined.

Noneconomic damages are the amount of money that will fairly and adequately compensate [name of plaintiff] for losses other than economic losses.

Noneconomic damages are not capable of being exactly measured, and there is no fixed rule, standard or formula for them. Noneconomic damage must still be awarded even though they may be difficult to compute. It is your duty to make this determination with calm and reasonable judgment. The law does not require the testimony of any witness to establish the amount of noneconomic damages.

In awarding noneconomic damages, among the things that you may consider are:

(1) the nature and extent of injuries;

(2) the pain and suffering, both mental and physical;

(3) the extent to which [name of plaintiff] has beeyn prevented from pursuing [his] ordinary affairs;

(4) the degree and character of any disfigurement;

(5) the extent to which [name of plaintiff] has been limited in the enjoyment of life; and

(6) whether the consequences of these injuries are likely to continue and for how long.

While you may not award damages based upon speculation, the law requires only that the evidence provide a reasonable basis for assessing the damages but does not require a mathematical certainty.

I will now instruct you on particular items of economic and noneconomic damages presented in this case.

Governmental Immunity Act.  When you sue the governement for personal injuries you must comply with the Utah Governmental Immunity Act.  Utah Code 63G-7-1.

Hit-and-Run Drivers.   For insurance law purposes and uninsured coverage purposes, hit-and-run drivers have 3 types.  First, the hit & run driver who runs away, never to be found again.  Second, the hit-n-run driver who physically collides his car into your car, then leaves the scene never to be found again.  Third, the hit-and-run driver where his car never touches your car, but causes your car to hit something else.  Different evidentiary burdens apply to the hit-n-run driver where not contact occurs.

Hospital Lien.   Utah hospital liens are created by statute and found at Utah Code 38-7-1.  Hospital liens charge full rate for the hospital’s services rendered to people who are hurt by third-parties.  A person hurt in a car accident by a third party is a classic hospital lien situation.   Hospital liens are involuntary, compared to voluntary medical liens.

Interrogatory.  An interrogatory is a written question posed to a party to the lawsuit.

Insurance Defense Attorney.  Any attorney who represents insurance companies.  An insurance defense attorney is also appointed by the insurance company to represent you and the insurance company.

A “Tri-Partite relationship refers to the relationship among an (insurer) insurance company, its insured, and the defense lawyer assigned by the insurance carrier to defend the insured and insurance company against third-party injury claims.

LYFT UBER Share Car Accidents.  Common lift share companies are LYFT, UBER and Door Dash.  Lift share companies have unique insurance issues associated with them.  Having a professional car accident lawyer navigate this for you is critical.

Loss of Consortium.  Loss of consortium is a claim by the non-physcially injured spouse for damages for the loss of companionship of the injured spouse.   Example.  Wife was hurt badly in a car accident, impairing the couple’s sexual life and the requiring the husband to do many of the tasks wife would have done but for the injury.   See here for more information.

Left-Hand Turn Collision.  In Utah generally the car making the left-hand turn must yield to oncoming traffic.  Generally left-hand turning cars involved in a car collision are deemed at-fault for the collision.  There are exceptions when the on-coming car ran the red light.

Multi-Car Collision.  Multi-car collisions commonly occur in snowy winter conditions and on interstates.  Multi-car collision take longer to resolve and often require a lawsuit to sort out who is at-fault and what happened.

Maximum Medical Improvement.  “MMI” is where your injuries are baseline and there is nothing more the doctors can do to improve your condition.  You generally should not settle your case prior to reaching MMI.

Minimum Personal Injury Protection Benefits.  Utah state law minimums for PIP benefits attached to all Utah issued car policies is $3,000 medical pay, wage loss, death payment, funeral payments and household services reimbursements.

Medical Causation.  Where an expert witness states that your injuries are related to the car accident.  Ultimately the jury makes the decision on who caused your injuries.  But medical experts are often required to carry your burden of proof of who caused you injuries.  Medical causation experts are nearly always required a jury trials to win.

Mediation.  Where an experienced attorney facilitates the agreement process between the insurance company and the injured person through their attorneys.  Mediation is a voluntary process.  Courts often order parties to a car accident case into good faith mediation.  Settlement at mediation is always voluntary.

Medical Lien.   A medical lien is a voluntary contract where you agree to pay the medical provider for their medical services out of your settlement when you receive your settlement.  Your Utah personal injury attorney keeps tracks of all your liens and helps you ensure they are all paid.  Chiropractors, physical therapist and doctor primarily use medical liens.

Medical Release HIPAA.  A medical release is where you give the right to a 3rd party to look at your medical records.   Medical releases are fully revokable at any time and are often capped in duration before a fresh release must be signed.

Medical Chronology.  Your medical chronology is a start-to-finish of each medical provider in chronological order.  A classic MEDCHRON would be ambulance, ER, family doctor, physical therapist followed by a pain management doctor in that order.  Your Utah injury attorney must obtain you medical chronology.

Negligence. Where the at-fault car driver did not act like a reasonable person should have acted.  The jury determines what party is negligence.

Orthopedic Surgeon.  Orthopedic surgeons are common expert witnesses hired to show that the car accident caused the surgery, whether a back, neck, elbow etc.

Passenger Car Accident Claims.  When you are a passenger in a car accident case, you will also have an injury claim.  What’s unique about passenger claims is that you may have two claims.  One against the other driver and one against the driver of your car.

PIP Denial.   A PIP denial is where the PIP issuing insurance carrier denies paying the PIP benefits, usually the the medical payments portion of PIP.  PIP denials often happen with high PIP policies like, a $10,000 PIP medical pay policy.  You can challenge a PIP denial.

PIP Insurance Carrier.  The PIP carrier is the insurance company that is issuing personal injury protection benefits.  PIP benefits are lost wages, household services, medical bill pay and wrongful death and funeral expenses.   Most of the time there is only one PIP carrier, but there can be several PIP carriers offering PIP benefits in succession once the prior PIP carrier exhausts their benefits.

PIP Wage Loss.  Utah personal injury protection benefits pay after two consecutive weeks of work are missed.  You receive the lower of $250 per week, or 85 percent of your regular earnings.  PIP wage loss is considered first party insurance benefits because they often come from your own insurance company.  Rather than third party insurance benefits which come from the at-fault insurance company.

PIP Threshold.  PIP stands for “Personal Injury Protection” Benefits.  PIP thresholds is where you can’t bring a lawsuit for general damages unless you surpass PIP threshold  PIP Threshold in Utah car accident cases is generally either $3,000+ in medical bills or a permanent injury.  See Utah Code 31A-22-309(1)(a)(2022).  PIP threshold doesn’t apply to Uninsured motorist claims.

Physical Therapy.  Going to physical therapy after a Utah car accident is super common.  Physical therapist don’t prescribe drugs or do injections, but instead focus on muscular, tendon, joint and ligament health.

Policy Limits.  Every insurance policy has a maximum money amount it will pay out under the terms of the insurance contract.  This is called policy limits.  There can be UIM/UM/PIP, Property Damage and Bodily Injury policy limits to name a few.

Policy Limits Demand.   A policy limits demand is where you ask for the entire maximum policy limits available under that liability insurance policy.

Policy Limits Tender.  This is where the insurance company is offering the maximum policy limits to settle the case.

Property Damage Claim. (“PD”).  PD insurance claims do not involve bodily injury claims and can be personal property or real property.  Meaning property damage insurance claims can be damage to clothing worn during your Utah car accident, damaged expensive wedding rings to the car you were driving. PD claims cover buildings that are hit, or telephone poles damaged.

Punitive Damages.   Punitive damages are rarer in personal injury cases, but does happen.  Utah punitive damages are governed by Utah Code 78B-8-201.  In non-DUI case you must prove punitive damages by clear and convincing evidence.  The conduct complained of must be willful and malicious or intentionally fraudulent conduct, or conduct that manifests a knowing and reckless indifference toward, and a disregard of, the rights of others.

Lost Wage Earning Capacity.  When you can’t do the same job you used to do because of the car accident.  Sometimes called a “lost earning” stream of income.  Projecting a lost earning stream of income requires an expert witness.

Jury Trial.   Doesn’t happen that much anymore in civil personal injury cases.  A jury trial is where people from the county where the case is being tried hear your case and decide how much money to give in their verdict.  A jury is the master of the facts.  A judge at a jury trial is the master of the law. The jury keeps us free.  The jury is the greatest legal mechanism to preserve civil liberties and freedom ever invented.  Long live the jury.

Judge (Bench) Trial.  A judge trial is also known as a bench trial.  Or where you try the matter to the bench.  In a bench trial, the judge decides the facts and decides the law.  In a jury trial, the jurors are deciders of the facts.

Kelly Blue Book.  Pretty much the “go to” for vehicle valuations.  This is a handy link when valuing your property damage after a car accident.

Motions in Limine.  These are pretrial motions brought before a case is tried to a jury.  Motions in Limine try to shape the trial before it begins.  Common motions in limine are motions to restrict what witnesses can say.  Or motions to not allow anyone to mention or breath the word “Insurance” while testifying.  MILs can be brought at any time in a case, but are most often brought when you know the matter is going to trial.

Rear-End Car Collision.  When your car is hit from behind by another car.  Generally, 99.9% of the time the car that rear-ended you is at-fault.

Primary Insurance Coverage.  Primary insurance coverage is generally the insurance policy for the at-fault driver.  Sometimes there can be secondary or more coverages needed to be trigged to cover your injuries.

Secondary Insurance Coverage.  Secondary coverage will not kick in until the primary insurance coverage of the at-fault driver declines or is exhausted.  Secondary coverage is sometimes called excess coverage.  Excess coverage often occurs in UBER/LYFT, Door Dash, taxies or passenger claims.

Small Claims Court.  As of 10/2022 the small claims court limit is $15,000, excluding interest and costs, but including attorney fees.  With this new higher limit, many car accident claims can be brought in small claims for faster compensation.  Yet, be weary that a small claims case can be removed to district court with a jury demand with the same $20,000 cap (eff 01/2025).

Social Security Disability.  Social Security Disability benefits can result from the injuries you sustained in a car accident.  Because of your car accident, if you are disabled according to The Social Security Administration, you may be eligible for monthy disability payments.   SSD benefits are in addition to any compensation you receive from the insurance company.

Special Damages.  Special damages are economic damages like medical bills, property damage or mileage to and from medical appointments.  Special damages can be past or future lost wages, or lost earning capacity.  The jury is the ultimate determiner of what counts as special damages at trial.  Here is the Utah jury instruction on special damages.

CV2003 Economic damages defined.

Economic damages are the amount of money that will fairly and adequately compensate [name of plaintiff] for measurable losses of money or property caused by [name of defendant]’s fault.

MUJI 1st Instruction

Liability Insurance Carrier.  The at-fault, or liability carrier is the insurance company for the at-fault party.   Sometimes there can be two or more liability carriers.

Tender.  When the insurance company offers they policy limits.  A tender must be accepted by the injured party.

Undisputed Tender.  The undisputed tender is a specific money offer in UIM cases specific to Utah law at 31A-22-305.3(9).  Your own UIM carrier must spit out what it thinks is the case is worth.  You can accept that and stop the case, or accept and continue litigating the matter.

Underinsured Motorist Coverage.  “UIM” or Underinsured Motorist Coverage is insurance coverages attached to your own first party car insurance policies that kick in when the at-fault driver who hits you didn’t have enough bodily injury liability coverage to make you whole.  Or to cover all your damages.   You must exhaust the third party’s policy limits before you can ask for your own UIM coverages to kick in and pay.

UIM Exhaustion Rule in Utah.  You must exhaust the liability carrier’s policy limits before you can turn to your own UIM carrier for compensation.

Uninsured Motorist Coverage.  “UM” or underinsured motorist coverage is where the at-fault party didn’t have insurance, or where they may have had insurance, but fled the scene or can’t be found.  UM coverages are very important.

Uninsured Motorist Coverage Property Damage.   Just like when the other person didn’t have bodily injury insurance and your own uninsured motorist BI coverage has to kick in.  Same goes for when the other person didn’t have liability property damage.  UM property damage kicks in to cover your vehicle.

Utah State Car Insurance Minimum.  Found at Utah Code 31A-22-304.  Bodily Injury (“BI”) Utah State minimum car insurance is $25,000 per person, up to $65,000 per occurrance.  Meaning if one person was hurt in the car accident and the at-fault driver only has the state minimum, all the injured person can get is $25,000 max.  If there are three or more injued people in the same car all those three people can get is a maximum of $65,000 per occurrence.

Utah Traffic Code.  The Utah Traffic Code is nearly 21 chapter long and covers nearly everything happening on Utah public roadways.  The Utah Traffic Code covers pedestrians, cars, ATVS, scooters, bicycles and e-bikes to name a few.

Utah Insurance Department.  The Utah Insurance Department is part of the U.S. insurance regulatory framework which is a highly coordinated state-based national system designed to protect policyholders and to serve the greater public interest through the effective regulation of the U.S. insurance marketplace.  You can also file an insurnance complaint with the Insurance Commissioner.

File an Insurance Complaint HERE.  Insurance companies are highly regulated and this link show you how to file a complaint if you were treated unfairly.

Utah Business Entity Search.   Find out who owns what business, who are the registered agents and what type of business entity they own.   A very useful site in determining who owns the business vehicle that hit you.

Utah Safety Council.  See a variety of training programs on safe driving in Utah.

Unfair Insurance Claims Practices

  • R590-190: Unfair Property, Liability and Title Claims Settlement Practices. (This includes auto, homeowner and business policies.)
  • R590-191: Unfair Life Insurance Claims Settlement Practices.
  • R590-192: Unfair Accident & Health & Income Replacement Claims Settlement Practices Rule.

Find all administrative rules from every Utah agency here:  https://adminrules.utah.gov/public/home

Utah Unfair Claims Act31A-26-303. Unfair claim settlement practices.  Corresponding Admin rule was repealed in 2023.

Workers Compensation System.  Car accident cased while at work or on-the-job can have both a workers compensation claim and a personal injury third-party claim at the same time.  Workers Compensation is generally the exclusive remedy for for workers injured on-the-job.

Wrongful Death Claim.   When someone dies due to the carelessness of others the deceased person’s heirs can bring an insurance claim or a wrongful death lawsuit on behalf of the living heirs for the death.  Money damages are awarded for the wrongful death and ultimately distributed amoungst the heirs.  See this video on how to distribute wrongful death settlement proceeds.

Wrongful Death Heirs.   Utah law specificies who exactly can bring a wrongful death claim.  Normally it is the immediately family, wife, children or parents.

Zone of Danger Injury Cases.   A Utah law providing for money compensation for people within the Zone of Danger, who were not hurt, but saw the entire matter causing them emotional pain.