Seeking Compensation After an Auto Accident
If you have been injured in a car accident caused by another driver, you will need to file a claim with their insurance company in order to be compensated for your injuries and vehicle damage. During this process, you will likely be contacted by the insurance adjuster from that company who is handling the claim. Our Salt Lake City, UT auto accident lawyer recommends you reach out to our office before speaking with the adjuster, so you do not jeopardize your claim. Contact Rasmussen & Miner today to discuss your case.
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When to Hire an Auto Accident Lawyer
You were in an unexpected car accident. It was scary, it was stressful and now you’re wondering how to move on. Do you need to report the accident to multiple people? How are you going to pay all those medical bills? The questions could really start flooding in when you’re in a car wreck and don’t know what to do. Our Salt Lake City auto accident attorney can help you determine the best route to take so you’re not left high and dry after your car accident.
When the Accident Was the Other Driver’s Fault
If your car accident wasn’t your fault, why would you need our help? The following are just a few reasons why you should contact our personal injury law firm after a crash.
- Dealing With the Other Driver’s Insurance Provider – It’s possible the at-fault party’s insurance provider will try to contact you to offer a settlement. You should never accept an offer from an insurer without speaking to our lawyer. Our attorney can help you see the difference between the offer and what you could obtain through a personal injury lawsuit.
- Understanding Damages You’re Eligible For – There are various types of damages you could be eligible for after a collision. Unless you’ve been in this situation before, you may not know what you are entitled to. Some common damages people ask for include current and future medical costs, pain and suffering, lost wages, and punitive damages.
- Winning the Blame Game – Even when fault is determined to be that of the other driver, the insurer could try to claim it was actually your fault based off evidence the insurance adjuster noticed. We can help you fight the claim.
When the Accident Was Your Fault
There are some obvious reasons you may want our lawyer if the accident was your fault. For example, if the other party is suing you, you’ll want legal representation. Some other reasons to hire our attorney when you’re at fault include the following:
- To Deal With Your Insurer – Yes, your insurance company is supposedly on your side, but they are also looking out for their own bottom line. You need someone completely dedicated to you, and not someone who has an interest in both you and the insurance company.
- To Understand Your Rights – Don’t let the system take advantage of you because you don’t understand it. Our car accident lawyer can help you understand your rights so you don’t end up with a total loss at the end of the whole ordeal.
When Both Drivers Are Partially at Fault
Much of life is messy, and fault for car accidents is no exception. There are many instances in which both drivers in a car accident are at least partially to blame for causing the crash or increasing the severity of their own injuries in that crash.
How are such cases resolved? Can either driver sue the other if both were at fault? Thankfully, being partially at fault doesn’t necessarily prevent you from seeking compensation. Utah recognizes a type of comparative negligence commonly known as “modified comparative fault.” This principle says that even if you were partially to blame for the accident or the severity of injuries, you still have the right to pursue compensation through litigation as long as your level of fault does not exceed 50 percent. If you win or settle your case, your compensation will be reduced by the percentage of fault assigned to you.
An Example of Shared Fault
Let’s say that you and another driver were involved in an intersection crash. You were waiting to turn left across oncoming traffic. Although the light was yellow, you decided to make a left turn before it turned red (instead of waiting for the next green light). While you were turning, the oncoming driver tried to speed through the intersection, violating a red light and slamming into your car.
The other driver was 70 percent at fault for running a red light and speeding. You were deemed 30 percent at fault for making an unsafe turn. If you were to win your case, you could collect 70 percent of the full damages you were seeking.
Understanding the Insurance Company Is Not on Your Side
Insurance companies are in business to make a profit. Whenever they have to pay a claim, that amount cuts into that profit. Their profit is what they are really looking out for and not the financial justice victims deserve. There are a number of ways insurance companies manipulate and trick victims. They will even discourage victims from consulting with our legal professionals.
Insurance Company Tactics to Know About
Your insurance company—or the other driver’s—wants you to talk to them. They want to seem like they are on your side, they’re not. To know how to fight an insurance claim, you need to know how they might be working against you.
First thing’s first, that insurance adjuster? They’ll play friendship. If you make a claim on an insurance policy after an accident, the claims adjuster that represents that company is going to call you. They are going to express concern and ask how you’re doing. Don’t let yourself be caught up in their kindness. It’s part of their employee training—they know how to get more information that they can use against you by being nice, courteous and sympathetic. The information you share with them can and will be used against your claim.
Settling your car accident claim might not be as urgent as it feels. After all, if you’re chatting with an insurance company, they may make you feel rushed. Ask yourself the following questions:
- Do you feel like you need to settle fast?
- Are they saying their offer is only available for a limited time?
- Are they rushing you to make a decision?
In Utah the statute of limitations to file a personal injury lawsuit is four years. Insurance adjusters want you to think you have to accept an offer within weeks of your accident because they want to settle the claim and avoid litigation—a lawsuit typically forces them to offer you more money.
The insurance companies know they’re offering you a low settlement. They hope that you would rather have money now than fight them on it. Some insurance companies may even have a “deny first” strategy and what that means is they may deny your claim outright even though it’s valid. While insurers can get in trouble for using this strategy, they’ll still do it because it saves them money—especially if you’re trying to settle on your own and they’re lowballing you. They know you’ll likely take whatever they offer if they first deny you.
What You Say Can Be Used Against You to Deny Your Claim
The insurance adjuster will try contacting a victim to ask them questions. At this point, they are already aware of how the crash occurred because they have interviewed their client (the at-fault driver) and have access to police reports. They know what a victim’s injuries and damages are based on the claim the victim has filed. However, they also know how to frame a question in a way that the victim could answer in a way that would hurt their auto accident claim. This is why you should let our car accident lawyer do all the talking with the insurance company so we can help maximize your compensation.
Watch Out for Low Settlement Offers
The insurance company will try to settle your claim as quickly as possible. They will also try to settle your claim for as little as possible. Often an insurance adjuster may offer a settlement that is much less than the victim’s total losses. Many victims are unaware of all the damages they may actually be entitled to. In some cases, it may be so soon after the crash that they do not realize the long-term effect or permanent damage sustained. Our auto accident attorney can help by making sure that long term injuries are accounted for when pursuing a settlement or award. Once you settle, you cannot go back and get more compensation if you discover your injuries are worse than you originally thought. Do not accept any settlement without first speaking with our personal injury law firm and having our attorney negotiate with the adjuster on your behalf.
Four Ways Our Lawyer Can Help You
Being involved in an automobile accident can certainly be a traumatic experience, and if things head to the courtroom, it may be time to see our attorney. Car accidents happen every day, in every state of the country. Every case is unique, so here are a few services our personal injury attorney might be able to offer.
- Defending Against a Lawsuit
After an auto accident, one of the involved parties might decide to file a lawsuit against the other. This lawsuit is separate from the ones that take place between vehicle insurance companies. Suits can be very serious depending on the severity of the accident. Not every car accident requires hiring our attorney for legal help; however, there are collisions that benefit from the help of our personal injury attorney to make sure justice is upheld and disputes are properly resolved.
- Consulting and Explaining Legal Documents
Someone may receive a letter, registered mail, an overnight envelope, or they may be served in person explaining that a lawsuit has been filed and they are named in the case. This letter should be brought to our attorney as quickly as possible. Beginning with a free consultation, we might be able to offer guidance with interpreting legal letters and documents.
- Filing a Lawsuit Against Somebody
Unfortunately, things can get to a point where a lawsuit is required in order to resolve an issue. We can assist by helping a person file a lawsuit against an entity involved in the auto accident. From large suits against trucking companies to small suits involving a fender-bender, our personal injury lawyer is going to be the best option when looking to resolve a legal issue after a car wreck.
- Resolving a Dispute with the Insurance Company
Sometimes one’s own insurance provider can become the adversary in a legal battle. These companies are like banks filled with money and lawyers. A normal person can quickly become overwhelmed after corresponding with an insurance company’s legal team. Fight fire with fire and schedule a free consultation with our attorney.
Salt Lake City Auto Accident Infographic
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Salt Lake City Auto Accident Law Statistics
According to statistics from the Federal Highway Administration (FHWA), each year, almost 25 percent of weather-related accidents occur on roads covered in ice, slush, or snow, resulting in more than 1,300 deaths and 116,000 injuries to victims. Fifteen percent happen during sleeting or snowy conditions. These accidents are factors in the deaths of almost 900 people each year and injuries to 76,000 annually.
Salt Lake City Auto Accident FAQs
Why Is it Critical to Keep Accurate Records?
If you have been involved in a car accident, it is essential to keep accurate records of the crash. This is because the other driver’s insurance provider and/or any other responsible parties will collect as much data as possible that could potentially be used against your case. This can leave you at a severe disadvantage if you do not obtain the proper information during and after the incident. Important information to collect includes: police reports, witness testimonials, a report from the doctor you sought treatment from, and photographs of the scene. If you have questions about what kind of records you should gather in the wake of your crash, please ask our team.
Why Should I Take Pictures of the Accident?
If you have a smartphone or a phone with a camera function, take numerous pictures of the accident scene (if possible), as well as the injuries that you suffered. Images of the crash can be utilized as evidence during the negotiation process if your case goes to trial and can act as a striking visual for the jury and the judge.
Why Shouldn’t I Accept the First Offer that Comes My Way?
Insurance companies will use all kinds of tricks to get you to agree to a very low settlement amount. They may even try to get you to say that the accident was your fault, even if it wasn’t. If you accept the first offer from them, you’ll almost certainly be losing out on significant compensation that you’re otherwise entitled to.
It’s critical to always seek the advice of our experienced Salt Lake City, UT auto accident lawyer before you conduct any negotiations with an insurance adjuster. Our firm understands all of the tactics adjusters use to entice victims to take a lower settlement and we can fight to get you the funds you deserve.
Why Should I Follow My Doctor’s Orders?
If you suffered from injuries due to a car collision and received treatment from a doctor, it is imperative that you continue to see this healthcare professional after the initial appointment.
If you need to undergo a treatment plan to recover from the crash and don’t follow your doctor’s orders, you can lose a huge portion of your settlement. This is because an insurance provider will look at any gap in treatment and try to say you were no longer hurt because you did not closely follow the doctor’s advice. If you don’t believe you need follow-up treatment or you’re concerned about costs, please consult our personal injury lawyer before committing to a plan of action.
Rasmussen & Miner, Salt Lake City Auto Accident Lawyer
1334 2nd Ave, Salt Lake City, UT 84103
Contact Our Salt Lake City Auto Accident Lawyer Today
If you have been in a car accident, contact Rasmussen & Miner today. The sooner you call, the sooner we can begin preserving your legal options and protecting your rights. If the accident was not your fault, you could be entitled to financial compensation. Attorney Robert C. Miner has decades of experience representing the interests of accident victims and has recovered millions of dollars in settlements. You don’t have to face the insurance companies alone. Instead, elect for knowledgable and compassionate legal support by retaining our personal injury law firm. Get started with a free consultation now.
Client Review
“Had a great experience with Rasmussen & Miner. Robert did an excellent job working through a very complex accident process with numerous insurance companies and medical providers. Extremely happy with the level of professional and personal service and the ultimate outcome. Highly recommend Robert and the firm!!”
Daemon
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