Most car accidents happen when one of the drivers violates traffic law. However, not all car accident cases are black and white. You may think the other party is entirely responsible for your injuries, but that may not be the case. Your accident case could have a shared liability. But, do not be saddened as you might still get some compensation.
You may think admitting guilt will get you out of such situations, but it usually weakens your case even more. If you were found partially responsible for an accident, immediately speak with a Lehi, UT car accident lawyer to avoid making mistakes.
Can you get compensated for your damages in Utah if you were partially at fault?
Whether you can file an insurance claim against the other party depends on your state’s laws. If your state follows the “No-Fault” policy, you need to file a claim with your own insurance company, and it does not matter who was at fault. If you are from a No-fault state such as Utah, you have the burden to carry Personal Injury Protection insurance. The PIP insurance is used to pay for your damages in cases of car accidents.
However, the PIP insurance only covers damages worth $3,000. If your damages exceed this amount, you can then file a claim with the at-fault party’s insurance company. When the claim is settled, you get compensated and reimbursed for the $3,000 you spent with your insurance.
Comparative negligence
Comparative negligence comes in two forms: pure comparative and modified comparative negligence. In pure comparative negligence, you can claim compensation even if you were partially at fault. However, the percentage of your fault will be calculated to deduct money from the damage awards. For example, if you were 40% at fault and the total damage amount was $5000, you would receive only $3,000.
As for states with modified negligence, such as Utah, you cannot recover damages if you had more than 49% of the fault. That means if you were even half responsible for the collision, you will receive no compensation and are not eligible for filing a claim. However, if your fault percentage is 49% or less, you may receive compensation accordingly. For example, if you are found to be 10% at fault, that percentage will be deducted from your award money and then given to you.
Contact an attorney today
Insurance companies use various tactics to shift the blame to avoid paying the compensation. If you disagree with their argument of you being partially at fault, you have the right to hire an attorney, gather evidence and expert testimonies to analyze the case.
Comments are closed.