Following a serious accident, it’s only natural to wonder what your rights are as an injured party.

In Utah, the no-fault standard is one tool used to help compensate injury victims for any physical and financial harm incurred, typically forcing you, the plaintiff, to seek initial damages from your own insurer.

For help formulating and filing your no-fault claim and fighting for the benefits you’re owed, contact a Salt Lake City no-fault accident lawyer at Craig Swapp & Associates today.

Basics of No-Fault Claims in Utah

In Utah, the no-fault standard usually finds its application in car accident cases, giving injury victims an avenue to receive compensation for certain losses following a collision.

While the no-fault standard can be used to obtain financial relief for many items, such as medical expenses and lost wages or earning potential, other losses are often ineligible for recovery. For example, compensation for pain and suffering, which falls under the banner of non-economic damages in a personal injury claim, is typically barred from recovery.

It’s important to remember that Utah requires all motorists to carry no-fault insurance coverage. Any person who has experienced a form of loss or injury is expected to pursue full damages through his or her own insurer, except for circumstances in which there has been serious or catastrophic injury.

Some of the potential penalties for not carrying no-fault coverage include a $1,000 fine and suspension of your license.

Other Considerations

Many accident victims do not realize that their case has a formal expiration date, known as its statute of limitations. For both personal injury and no-fault claims, the relevant statute of limitations in Utah is four years, meaning that your claim for compensation must be filed by that point.

If you are eligible to sue via a personal injury claim on top of recovering compensation through a no-fault claim, it helps to be aware of Utah’s use of the standard of modified comparative fault.

Should you not be found primarily liable in your accident, you would typically be eligible to receive damages on a basis proportional to the other motorist’s fault (e.g., if he or she was 70 percent liable, you would be eligible to receive 70 percent of potential damages).

But because of the no-fault insurance system, you must have suffered from a serious injury to be eligible for additional damages through a personal injury suit. Some examples of accident-related circumstances that may warrant additional compensation include the following:

  • Permanent impairment, disability, or disfigurement
  • Suffering significant financial losses

Call a Salt Lake City No-Fault Accident Attorney

The no-fault standard can actually provide unique benefits to injury victims. They can often receive compensation quickly, easily, and without going through lengthy court proceedings.

For assistance with making a successful claim, contact a Salt Lake City no-fault accident lawyer at Craig Swapp & Associates today. Call us at 1-800-404-9000 or fill out the form below to schedule a free consultation.