How can Utah wrongful death proceeds be distributed?

1. By agreement between the heirs. 2. Through a mediated agreement. 3. By hiring an arbiter. 4. Forcing the matter in court with a judge.

I was hit by a car as a pedestrian on the sidewalk. Who pays for my injuries?

Generally when lawfully on the sidewalk and hit by a car, that car's insurance company pays for your injuries. If you had a car at the time of the accident, sometimes your own car may have insurance benefits like PIP and underinsured which may help.

I was hit on my scooter near Utah Valley University. Are my injuries covered by the at-fault driver's insurance?

When you are hit by a car on your scooter, the car's insurance will cover your injuries. Further your own car, if had one at the time, may also have PIP benefits for your use.

I was hit outside the cros by a car--does that matter?

Being inside or outside a crosswalk is just one factor considered by the factfinder on who is at-fault for your injuries when you were hit by the car. Sometimes being in the crosswalk is huge, othertimes it has little relevance. The Utah Traffic Code really determines who was at-fault.

Does "Threshold" Apply to Uninsured Car Accident Cases?

Threshold doesn't apply to unsinured car accidents in Utah. In cases where the other person had insurance, then you must meet threshold or you can't make an injury claim.

Threshold is found at Utah Code 31A-22-309 and is:

(1).  death, dismmemberment or permanent injury. 

(2).  greater than $3,000 in medical bills incurred from the car accident. 

(3).  bone fracture.  

What is the governmental immunity act?

When yo sue the Utah State government or any sub agency you must comply with the Utah Governmental Immunity Act. 63G-7-1. Otherwise your case is dismissed.

What is a contingency fee agreement?

A contigency fee agreement is where the attorney gets paid out of the settlement proceeds. Utah rules require a signed contingency fee agreement.

What is a deposition in your Utah car accident?

A deposition is time where the other attorney can ask you questions under oath about the car accident and your injuries. The attorney's job taking the deposition is to report back to the insurance adjuster about you so the carrier can further value your injury claim.

What is the Utah Insurance Department

The Utah Insurance Department and Comissioner regulates all insurance types state wide.

Can I bring my Utah car accident case in Small Claims Court? What's the money limit?

Yes, you can bring your car accident case in Small Claims. The new limits is $15,000. Often Small Claims is faster and cheaper than filing in District Court. A very good option sometimes.

The at-fault driver is claiming black ice caused him to crash. Is he off the hook?

No. Just because black ice caused his vehicle to crash into your vehicile, he always has a duty to drive his car in a fashion that doens't hit other people. Black ice or not, he is at-fault if he allowed his car to hurt someone.

I have a 3 month GAP in my medical treatment. Will this hurt my claim?

Yes. Gaps in your medical treatment will be used against you by the insurance company. You should strive to faithfully attend your medical appointments because they will make you heal.

Does my homeowners' insurance cover my car accident case?

No. But homeowners can sometimes cover an ATV, street legal ATV, snowmobile or rental ATV. Depends on the working of the insurance policy.

The adjuster is telling me NOT to hire any attorney? What's the deal?

The deal is that you get better results when you hire an experienced injury attorney. Hiring an attorney costs the insurance company more money, time and attorneys fees.

I was hurt in a car accident. I don't have health insurance. Who pays for my medical bills?

Every Utah car insurance policy has PIP which pays at-least $3,000 in medical bills.

I don’t want to sue the person that caused my Utah car accident. Do I have to file a lawsuit?

No. You never have to file a lawsuit. Nearly 95% of injury claims are purely insurance claims and settle out-of-court.

I was a passenger in a car accident. What is unique that I should know about?

1. You are never at-fault for the collision.
2. Often you have a claim against the driver of your car and the other driver(s) involved in the collision.
3. It turns into a pure comparative fault situation.
4. You may have two PIP policies to tap into.
5. The primary PIP is the car you are in when the accident occurs.

Are there different types of claims adjusters?

Yes. There are property damage adjuster. Bodily injury adjusters. Coverage adjusters and UIM/UM adjusters. Some adjusters only handle car accidents. Others are assigned only to homeowners policies

What if a family member is at- fault for my injuries?

You can bring an insurance claim against your family member and often it is wise to do so. It is just an insurance claim and that is what insurance is for, to pay for accidents. Many times dad is driving and causes a one-car rollover, hurting his entire family. It would be foolish not to make an insurance claim to help the family recover from all the medical bills and damages.

Do I have a Utah car accident case?

Attorney Jake Gunter can tell you right over the phone in 15 minutes whether you have a car accident case or not. The technical requirements are that the at-fault party must be at-least 51% at-fault for the car accident. You can bear some fault, just not over 49 percent. You have to have been incurred over $3,000 in medical bills, incur permanent injuries or impairments. Lastly, that the car accident caused those injuries.

Can I sue the government for my car accident case?

Yes. Often snow plows cause accidents on Utah’s roadways. Postal service vehicles are also involved in collisions. Whether it is the federal or state government, you can make a claim against them for damages their vehicles cause on Utah roads. Governmental immunity cases are unique and have very short statute of limitations.

Are there damage caps in most Utah car accidents.

Most of the time there are not damage caps in Utah car accidents. Certain, unique actions like DUI cases, punitive damages or Dramshop have caps and damage limitations. But those actions are unique and don’t come around very much.

Do I need an attorney even if I have minor car collision injuries?

Yes. The worst is when people think that they were in a small, minor car accident case and it turns out to be a big problem. We all hope your case is small, but it needs to be prepared and documented appropriated. Too many times have people think they had a small case, only to find out that they need surgery 4 months down the road, or have a bulging disc at age 33.

How can I get my car fixed?

See this extensive article on getting your car fixed after a Utah car accident. https://gunterautoinjury.com/car-accident-quick-guides/how-to-get-your-car-fixed-after-a-utah-car-accident/
The basics of getting your car fixed are to either: (1). Get the at-fault insurance to pay and coordinate the fixing of your car, or (2). Get your own insurance company to fix your car, if you have collision coverage.

Will I have to file a lawsuit in my Utah car accident case?

No. The only person who has the power to make the decision to file a lawsuit is you. The lawyer can only file a lawsuit if you authorize it. When a car accident insurance claim turns into a lawsuit depends also on the skill of your attorneys. Many, many injury lawyers never file lawsuits and always settle. More aggressive lawyers file lawsuits on about 30 percent of their car accident cases. At the end of the day, only you can authorize the filing of a lawsuit.

When I file a lawsuit. Am I suing their insurance company or the person?

Technically you sue the individual person who caused the car accident in most cases. Yet, you are really just suing the insurance company because they are ones running the show. The at-fault party’s insurance company is paying for the defense lawyer, dictating when they will settle or not and determining how to defend the case. The at-fault person who you sued, has vey little decision making power in a Utah car accident lawsuit where insurance is defending the case.

My child was hurt in a car accident. Can I bring a claim for my kids?

Yes. Parents or guardians are allowed to bring a car accident insurance claims on behalf of their injured children. Most settlements over $10,000 must be approved by the court. Further all monies are regulated by the court. There is little difference between adults bringing car accident claims and minors.

What is my Utah car accident case worth?

The age old question on valuing a personal injury case. Entire articles and seminars are held on how to value a Utah car accident injury claim. Only an experienced, trial lawyer who has tried many juries and handled hundreds of cases will understand value. Here are some common factors that effect case values. (1). Likeability of the injured party. (2). Dislike of at-fault party. (3). Type of misconduct involved. DUI causing injury is treated differently than a small rear-end collision. (4). Permanency of your injuries. (5). Amount of medical bills. (6). How the injuries effect YOU.

How much Utah insurance should I get for my cars?

Lots. Utah law requires at least $25,000 per person, up to $65, 000 per occurrence for liability coverage. $15,000 minimum liability property damage. Underinsured and Uninsured are optional, but should never be waived. $3,000 in personal injury protection benefits for medical payments are also required with the host of standard PIP benefits, like household services, lost wages and funeral expenses.
A real analysis of how much car insurance is a mix between understanding your personal assets, and the Utah Exemptions Act. The higher your unprotected and exposed assets are, the more insurance you need to protect those assets.

Who will be handling my car accident case?

All matters are directed by Utah car accident lawyer Jake Gunter. Jake always works in a team. You are never just handed off to an associate attorney or paralegal for the remainder of your case. When you need to talk to Jake, you talk to him.

What is a typical timeline for a Utah car accident case?

The degree of your injuries and time for you to reach maximum medical improvement dictate how long your case will take. If your medical treatment is over in 3 months, the case will move faster than if your medical care takes 1 year. If you file a lawsuit the case will take over a year longer. The smallest of cases take 3-4 months to resolution. Cases with permanent injuries take nearly one year. Fully litigated cases ending in a jury trial take two years, but most injury lawyers don’t know that because many of them have never been start-to-finish in a civil injury jury trial. See this longer article on how long cases can take. https://gunterautoinjury.com/car-accident-quick-guides/car-accident-lawsuits-timelines-start-to-finish/ https://gunterautoinjury.com/car-accident-quick-guides/car-accident-claims-process-without-filing-a-lawsuit/

Should I give an adjuster interview.

No. You have a duty to give an adjuster interview with your own insurance company. You have no duty to cooperate with the at-fault insurance company. You should never give an adjuster interview without your attorney present. Things you say early on in the adjuster interview will come back to haunt you. It sets the tone of how the insurance companies set their reserves on your case and what their thoughts are on who is at-fault.

I post stuff about the car accident on Facebook/Social Media? Is that OK?

You can count on it that the insurance companies are reviewing your social media. Attorney Jake Gunter has been in trials where Facebook photos are shared to show that the plaintiff was not really hurt at all. Pictures of your vacation will be used against you. Sometimes private investigators are used by insurance companies to watch you to see if you are really hurt. Whatever you post on social media, good bad or in between, it will be used against you.

I was also at-fault for the car accident. Can I still recover?

Yes. You can’t be over 49 percent at-fault in Utah or you recover nothing. You can be 48%, 30% or 1% at-fault for the accident and still recover compensation for your injuries.

What should I do after I’m injured in a motor vehicle accident?

First you should get adequate medical treatment. You should error on the side of caution and get the medical care you need. Don’t try to tough it out. You should go to the ER if that is what is needed. Don’t refuse treatment at the scene. You should immediately follow-up with your family doctor and tell them every symptom you have from the car accident. You should insist that they document those symptoms and the car accident in their medical records. You should get a referral for appropriate rehab care as needed to chiropractics, physical therapists or orthopedic physicians.
Call an experienced Utah personal injury attorney. One who really works with injury cases every day. The attorney can start dealing with the insurance companies and ensuring you are seeing the right types of doctors to prove your injuries and receive a fair an adequate compensation.
Take photographs and video and do not give an adjuster interview until you are represented by an attorney.

What is negligence a Utah car accident case?

When someone breaks the Utah Traffic Code causing you injuries, that often is Per Se negligence. Meaning they didn’t act reasonable under the circumstances. If you back up and don’t use any mirrors or head checks, you would be negligent and responsible for damages and injuries you caused. Ultimately it is up to the jury or judge to make the decision on who was negligent and what damages were caused by it.

Will my motor vehicle case go to court?

Most Utah car accident cases are never even filed lawsuits, but are just an insurance claim. Of the few car accident cases where a lawsuit is filed, even fewer of these go to trial. A working, real, personal injury attorney will try 2-3 car accident cases per year. Most injury lawyers never even file lawsuits and don’t even know how to select experts or try a case to a jury’s verdict.

Who pays for my medical bills?

There is an order of who pays medical bills in a Utah car accident case. See this article for more information. https://gunterautoinjury.com/car-accident-quick-guides/medical-bills-how-to-get-them-paid-and-who-pays-them/
The most common order of medical bill pay is: (1). Personal Injury Protection(“PIP”) medical pay benefits up to $3,000, or till exhausted. (2). Your private health care insurance. (3). Lien Medical Treatment. (4). Cash. (5). You. Then you can get reimbursed from your injury settlement.

What is PIP benefits?

PIP Benefits are called personal injury protection benefits and are detailed at Utah Code 31A-22-306to309. PIP benefits are mandatory under Utah law for every Utah issued car policy of insurance. At least $3,000 in medical payments, lost wages and household services are paid out, regardless of who is at-fault. See this bigger article on Utah PIP benefits.
https://gunterautoinjury.com/car-accident-quick-guides/what-is-personal-injury-protection-benefits-pip/

What is PIP threshold in car accident cases?

PIP Threshold is where you incur greater than $3,000 medical bills or a permanent injury. If you don't break threshold you can't bring a claim for general damages in a car case.

What is the statute of limitations for Utah car accidents?

For car accidents in Utah, there are many different statute of limitations that may apply. Basic, non governmental car accidents are 4 years for bodily injury. 3 years for property damage caused by a third party. 4 years for underinsured or uninsured motorist coverages. Minors or incapacitated people can have special statute of limitations. You should consult a knowledgeable Utah car accident attorney.

Who brings wrongful death car accident cases?

When someone dies in a Utah car accident case, that person’s heirs can bring a wrongful death claim. See this article on Utah wrongful death cases, who are considered heirs and what types of recovery are available. https://gunterautoinjury.com/car-accident-quick-guides/wrongful-death-car-accident/

What is the difference between mediation and arbitration?

Mediation is a voluntary process where a third party mediator tries to facilitate settlement in your car accident case or car accident insurance claim. Mediation is binding when the parties agree to a mediated settlement. Arbitration is more like an informal trial and can be selected by the injured party in many car accident cases. Arbitration is where a third party tells the parties what the value of the case is. Arbiters announce their arbitration awards after the parties tell their side of the case. Mediators facilitate what the settlement can be amongst the parties.

I don’t want to owe my attorney anything if I lose my case.

You don’t own Utah car accident lawyer Jake Gunter anything unless you recover a settlement or verdict on your case. The only time you own Jake anything is if you receive a settlement offer, fire him and try to circumvent his time and costs on the case.

How do I get my medical bills paid in my Utah car accident case?

Medical bills are paid in the following order. (1). PIP. (2). Private Health Care, if any. (3). Lien medical services) (4). You.