Can You Lose Your House Due to an At-Fault Car Accident in Utah?
Losing your home because you caused a car crash in West Jordan, Utah, seems inconceivable, but this outcome is possible. Should this be your worry, a consultation with an experienced car accident attorney is sensible.
The good news is that your house isn’t immediately at risk if you are judged to be at fault in a collision. Utah laws are a bit more nuanced, and in the event of an at-fault car accident, the likelihood of a lien being placed on your property would depend on the specific circumstances and your insurance coverage. In addition, while a judgment lien can be attached to real estate in Utah, that doesn’t necessarily mean you can be forced to sell your home.
If you’re concerned about liability in a car accident, an attorney’s advice can be invaluable. But in the meantime, the following could help shed light on the situation.
Understanding Liability Insurance and Damages
What you can lose due to an at-fault car accident depends on your auto insurance coverage.
Utah is one of many states with a no-fault liability system. Here, injured motorists must turn to their own personal injury protection (PIP) insurance to be compensated for medical bills, lost income and other expenses – and this is the case no matter who is to blame for a car crash. A claim against you is only possible if the damages exceed the PIP limit.
In that scenario, however, whether your home might be at risk hinges on the liability limits on your insurance policy. In Utah, the minimums effective January 1, 2025, are:
- $30,000 in bodily injury liability per person or $65,000 per accident
- $25,000 in property damage liability per accident
If you haven’t extended your coverage, that’s the amount you can expect your insurance provider to pay. Should damages resulting from a West Jordan car crash go beyond that, you could face a lawsuit, as an injured motorist could sue you to recover the remainder. If you are found to be at fault and unable to pay, a lien may be placed on your property – and if you don’t satisfy the debt, the court may agree to enforce the lien, resulting in a forced sale of your home. A seasoned car accident attorney can protect your rights and interests, but that could be the result if you happen to be underinsured.
Protection from the Utah Homestead Act
In Utah, homeowners who are at fault in a car crash can often keep their property from being sold thanks to a homestead exemption.
If your insurance is exhausted, the injured motorist must first win a lawsuit against you to attach a lien to your home. A judgment lien could result in a foreclosure situation if the debt remains unpaid, but for that to happen, the motorist must ask the court to order you to pay. The court could agree to a forced property sale, but as an experienced car accident attorney would tell you, the state homestead act may offer protection.
Under Utah law, a portion of your equity in the home you live in isn’t touchable to satisfy a court judgment. That being so, it isn’t likely that you will lose your home due to an at-fault accident. You might be ordered to liquidate other assets, though, and it’s worth noting that a judgment lien will remain attached to your home for eight years. So, if you were to sell during that period, you would have to pay the amount you owe the lienholder from the proceeds.
Do You Need a Car Accident Attorney if You’re at Fault for a Crash?
Your insurance provider may hire an attorney and defend your rights, but only if they believe doing so would be worthwhile.
To protect yourself, contacting a well-qualified car accident attorney is the right step to take after a collision where you may be at fault. Skilled legal professionals understand the ins and outs of every Utah law regarding car crashes, negligence, fault and liability. The right lawyer will be able to draw from years of experience in assessing the situation, and after working with clients in similar circumstances, they’ll be prepared to handle your legal proceedings.
Consulting with an experienced car accident attorney is the best course of action, even when you’re to blame for a collision, as they will be eloquent in court. With a lawyer who specializes in collision-related cases, the outcome will be much better than what you might expect if you represent yourself.
Contact Cockayne Law for a Free Consultation Today
If you’ve been in a car crash and you believe you were at fault, Chris Cockayne of Cockayne Law is here to help. Whether you’re intimidated at the thought of talking to insurance adjusters, need expert help facing a lawsuit or can’t bear the idea of losing your home due to an at-fault car accident, an attorney with proven experience is what you need.
Contact Cockayne Law, and our highly skilled legal team will examine your case and advise you on what to do moving forward. For a free, no-obligation consultation with one of the best car accident attorneys in West Jordan, Utah, contact our law office today.
