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Chris Cockayne

About Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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Entries by Chris Cockayne

Legal Options for Passengers Injured in Rideshare Accidents

November 1, 2024/in Resource/by Chris Cockayne

Rideshare services like Uber and Lyft have become incredibly popular, making it easier to get around with just a few taps on your phone. However, with more ridesharing vehicles on the road, accidents have become an unfortunate reality. If you’re a passenger injured in a rideshare accidents, you may feel confused or overwhelmed about what to do next. Are you covered by insurance? Who is responsible for your injuries?

This blog will break down the steps to take after an accident, explain your rights as a passenger, and outline how an experienced rideshare accident lawyer can help you secure the compensation you deserve.

Understanding Responsibility in Rideshare Accidents

Rideshare accidents differ from standard car accidents due to the multiple parties involved. Determining who is at fault—and what insurance coverage applies—can be complex. Here are the key players:

  • The Rideshare Driver: If the rideshare driver is at fault, their personal insurance or the rideshare company’s coverage may apply, depending on the circumstances.
  • Another Driver: If another motorist caused the accident, their insurance would typically be responsible for covering injuries and damages.
  • The Rideshare Company: Uber, Lyft, and similar companies often carry liability insurance that can benefit passengers, but it usually only applies under specific conditions.

Understanding this web of responsibilities can be challenging without expert legal assistance, which is where our car accident lawyers step in to provide clarity.


What Should You Do After a Rideshare Accidents?

What you do immediately after an accident can significantly impact your ability to recover compensation. Follow these steps to protect your interests:

1. Prioritize Safety and Health

Ensure any injuries are treated right away. Call 911 to report the accident and request medical help if needed. Your health should be your top priority, even if injuries seem minor.

2. Gather Details and Evidence

Take photos of the accident scene, vehicle damage, and your injuries. Collect contact information for everyone involved, including the rideshare driver, other motorists, and witnesses. Be sure to save records like the rideshare app receipt, which confirms your trip.

3. Avoid Speaking to Insurance Adjusters Alone

Insurance companies often try to minimize payouts. Avoid giving recorded statements or signing anything before consulting with a lawyer.

4. Consult a Car Accident Lawyer

Navigating the legal and insurance complexities of a rideshare accidents can be overwhelming. An experienced lawyer can guide you through the process, ensuring your claim is handled correctly and your rights are protected.

Insurance Coverage in Rideshare Accidents

Rideshare companies like Uber and Lyft provide insurance but only under certain circumstances. Here’s how it works:

  • When the Driver is Offline
    If the rideshare driver is not logged into the app, only their personal insurance applies. The rideshare company’s coverage does not come into play.
  • When the Driver is Waiting for a Ride Request
    While waiting for a rider, the rideshare company usually provides limited liability coverage, which may not fully cover injuries or damages.
  • When the Driver is En Route or Has a Passenger
    Once a driver is actively on a trip or transporting a passenger, rideshare companies typically provide higher coverage limits. For example, Uber and Lyft often offer up to $1 million in coverage during this stage.

However, understanding the nuances of coverage and compensation often requires legal expertise. Our car accident lawyers at Cockayne Law are well-versed in these cases and can help secure the maximum compensation available under Utah law.

Compensation You May Be Entitled To

If you’ve been injured as a rideshare passenger, you may be entitled to recover compensation for various damages, including:

  • Medical Expenses: Covers current and future medical bills for injuries sustained in the accident.
  • Lost Wages: Compensation for income lost due to your inability to work during recovery.
  • Pain and Suffering: Accounts for physical and emotional distress caused by the accident.
  • Property Damage: Reimbursement for personal property damaged in the crash.

Each case is unique, making it crucial to work with knowledgeable car accident lawyers who understand how to calculate and fight for the full extent of your damages.


How Cockayne Law Can Help

At Cockayne Law, our team specializes in helping rideshare accidents victims in West Jordan, Utah, and surrounding areas. Here’s how we can assist you:

  • Conduct a thorough investigation to determine liability.
  • Handle all communication and negotiations with insurance companies.
  • Gather and present evidence to build a strong case.
  • Ensure you receive fair compensation for your injuries and losses.

We understand the stress that comes with being injured in an accident, especially as a rideshare passenger unfamiliar with your rights. Our mission is to make the legal process as smooth as possible so you can focus on recovery.

Take Action Today

Being injured as a passenger in a rideshare accidents can be overwhelming, but you don’t have to go through it alone. Cockayne Law is here to help you understand your legal options and fight for the compensation you deserve. Contact our experienced car accident lawyers in West Jordan, Utah, today to schedule a free consultation.

Don’t wait—your health, financial stability, and peace of mind are too important to delay.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

Know more about Chris Cockayne or my other social profiles like Avvo | Martindale | lawyers | Findlaw | Yelp | lexinter | Linkedin | Facebook | and  X

When Road Defects Contribute to Car Accidents: Who Is Liable?

October 18, 2024/in Resource/by Chris Cockayne

Roads are meant to connect us, but when they’re not properly maintained, they can become a danger zone for drivers. Potholes, uneven pavement, poor signage, or faulty drainage systems can lead to devastating car accidents, leaving victims wondering who’s at fault. Determining liability in accidents caused by road defects is a complex process, but as a West Jordan-based car accident attorney, Cockayne Law is here to provide clarity and guidance for those in need.

This blog will explore how road defects contribute to car accidents, who may be held responsible, and what steps you can take to protect your rights if you’ve been affected.

Common Types of Road Defects That Cause Accidents

Not all accidents stem from driver error. Below are some common road defects that can lead to serious mishaps on the road:

Potholes and Cracks

Potholes can damage tires, throw off a car’s alignment, or even cause drivers to lose control. Similarly, large cracks in the pavement can make it difficult for vehicles to maintain proper traction.

Poor Signage or Missing Signals

Imagine approaching an intersection with no stop sign or functioning traffic light—it’s a recipe for disaster. Poor or missing signage fails to provide drivers with the directions they need to drive safely.

Defective Drainage Systems

Standing water due to poor drainage can create hydroplaning hazards, especially during Utah’s winter months when water can quickly freeze, leading to hidden ice patches.

Uneven Road Surfaces

Abrupt changes in elevation or improperly laid pavement can cause accidents, whether due to a loss of control or direct impact when vehicles hit the uneven surface.

Debris and Construction Hazards

Roads littered with debris or construction zones without proper warnings are also significant contributors to accidents.

Each of these hazards represents a failure to maintain safe infrastructure, and when they lead to accidents, questions around liability arise.


Who is Liable for Accidents Caused by Road Defects?

Determining liability is rarely straightforward, especially when it involves road defects. However, identifying the responsible parties is a crucial step in seeking compensation for damages. Here’s a breakdown of who could potentially be held accountable:

1. Governmental Entities

City, county, and state governments are often tasked with road maintenance. For example, in West Jordan, Utah, local authorities are responsible for ensuring the roads are safe to use. If negligence—like failing to fix a massive pothole despite prior complaints—is evident, the government agency could be held liable.

That said, filing a claim against a government entity requires navigating specific processes and timelines, often referred to as “tort claims.” It’s important to act quickly, as these deadlines typically come with strict time limits.

2. Contractors or Construction Companies

Road construction doesn’t always go as planned. Poorly executed repairs or failure to properly mark hazardous zones can make construction companies liable for accidents. For instance, if a construction zone lacks reflective barriers or proper detour signs, the company overseeing the work could be held responsible.

3. Private Property Owners

For roads on private property, such as in parking lots or private neighborhoods, liability may fall on the landlord or property owner who failed to maintain the pavement or signage.

4. Vehicle Manufacturers or Other Drivers

Sometimes, factors such as defective vehicles or reckless driving come into play alongside road defects, complicating liability further. If such circumstances apply, liability may extend to the vehicle manufacturer or the driver at fault.

An experienced car accident attorney can help identify all potentially responsible parties to maximize your chances of receiving fair compensation.

What Steps Should You Take After an Accident?

If you’ve been involved in an accident caused by a road defect, taking the right steps will strengthen your case and help ensure you’re properly compensated. Here’s what you should do:

  1. Document the Scene
    Take photos or videos of the road defect and any damage to your vehicle. Show the accident’s context, including surrounding signage (or lack thereof), weather conditions, and road markings.
  2. Report the Hazard
    If the accident was due to a road defect, report it to the relevant government agency or private property owner. This serves as evidence that the hazard was acknowledged.
  3. Seek Medical Attention
    Even if you don’t feel hurt immediately, some injuries can surface later. Ensure you have medical records that tie any injuries to the accident.
  4. Consult a Car Accident Attorney
    Navigating claims involving government bodies or multiple liable parties can be overwhelming. An experienced car accident attorney can guide you through the process and advocate on your behalf.
  5. File a Claim Promptly
    If you plan to pursue legal action, be aware of deadlines. Government entities often have strict timeframes for filing claims, so don’t delay.

Who May Be Liable for a Road Defect Accident?

When a road defect contributes to a car accident, determining liability depends on the circumstances of the crash and who was responsible for maintaining or repairing the road. Potentially responsible parties may include a government agency, a construction contractor, or another party whose negligence contributed to the hazard.

Photographs of the defect, police reports, witness statements, and vehicle damage records may help establish what happened. In Utah, government-related claims may involve specific notice requirements and deadlines, so understanding the applicable rules is important when evaluating your legal options.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

Know more about Chris Cockayne or my other social profiles like Avvo | Martindale | lawyers | Findlaw | Yelp | lexinter | Linkedin | Facebook | and  X

Can You Lose Your House Due to an At-Fault Car Accident in Utah?

September 6, 2024/in Resource/by Chris Cockayne

Losing your home because you caused a car accident in Utah, specifically in West Jordan, seems inconceivable, but this outcome is possible. If this is your concern, 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 in Utah, 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. 

Read on to explore more.

Understanding Liability Insurance and Damages 

What you can lose due to an at-fault car accident in Utah 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 in Utah attorney can protect your rights and interests, but that could be the result if you happen to be underinsured. 


What Happens If Damages Exceed Your Insurance Limits? 

If the at-fault driver’s policy doesn’t cover your damages completely, you have alternative options.  

Consult with a personal injury attorney at the first possible.  

They will be able to go over your options with you. Your attorney can advise you or handle a denied claim and identify individuals that share blame in a claim. You Can File Under Your Own Insurance Coverage.

Whether you have this choice will depend on what kinds of insurance policy you have: Uninsured/Underinsured Motorist Coverage (UM/UIM) if the negligent party that caused the wreck lacks sufficient insurance coverage for your injury.  

The more, the merrier in UM/UIM. It’s just a smart, cost-efficient thing to get, so you don’t wind up liable to pay for medical treatment you shouldn’t be responsible for after the fact. In Utah, you might have PIP insurance, which helps cover a portion of medical expenses and wages, regardless of who is at fault for the wreck.  

Note: Pursuing your insurance carrier might not be in your best interest if it increases your premiums depending on what type of insurance you have, however. There may be other negligent parties. The driver might have been on the clock during the course of the incident.  

(Their company may be responsible.) The vehicle the driver was driving might have been manufactured with a defective part.  

(The company that built the car can be liable). If roads themselves contributed to the wreck, a government agency would. We examine all aspects of a crash to find everybody accountable to pursue the most appropriate compensation from a client. Who was awarded compensation for the pain and suffering, and what did it include?  

The at-fault driver may not have enough – or sufficient – insurance but can still afford to compensate you. If you owe health care claims as well as have a medical lien (money your healthcare company wants in repayment for medical care), your lawyer may also be capable of facilitating the negotiation as well. 

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 of 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 order a forced property sale, but as an experienced car accident attorney in Utah would tell you, the state’s 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 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 to the lienholder from the proceeds. 

Can a Judgment Lien Be Put on Your House? 

Having a lien on your home can lead to different outcomes, ranging from a small problem to something more serious, like having to sell your home. 

In case a lien is placed on your home, you will most likely encounter one or all the following:  

  • Sale: Depending on the kind of lien and depending on your local regulations, the entity placing the lien on your property may decide to sell your property in case you fail to repay the debt.  
  • Impact on credit rating: Lien information is regarded as unpaid debts by credit bureaus; thus, your credit rating may be affected negatively. 
  • Trouble selling or refinancing: It might be harder to sell or get a loan for your home if there’s a lien. Most buyers want to see that the home has a clear title, and lenders are less likely to offer a loan if the home could be taken away. 
  • Priority in payments: If you sell your home with a lien, the money from the sale will go to pay the lien first, and then you’ll get what’s left. 
  • Interest charges: Some liens add interest over time, so the amount you owe might keep growing until you pay it off. 


Other Assets You Could Lose After an At-Fault Accident  

If you get into a car accident where you are at fault, and you are sued, your insurance company will represent you as far as your insurance coverage goes. But, if the damages are greater than the insurance covers, then you will probably be forced to pay the additional amount personally.

This is what you could be facing: 

  • Insurance defense: Your insurance company will hire an attorney to represent you in court, and they will pay your legal fees to the maximum extent that your policy coverage allows.  
  • Exceeds limit judgment: If the court rules that you must pay more than the insurance policy covers, you will personally pay that amount.  
  • Lien on assets: The court can rule that the injured party will be able to seize any of your assets or possessions to cover the debt.  
  • Wages: The court could rule that a portion of your earnings are garnished until the debt is paid.  
  • Settlement negotiations: Your attorney may attempt to negotiate a settlement without going to trial. 
  • Umbrella policy coverage: If you have an umbrella policy, it may give additional coverage beyond your standard automobile insurance policy coverage. 

How Much Home Equity Is Protected Under Utah’s Homestead Exemption?  

Utah’s homestead exemption protects up to $53,700 in home equity for single filers and up to $107,400 for married couples filing jointly. This applies to your primary residence and is calculated by subtracting your mortgage balance and other liens from the total market value of the home.  

How Exemption Protects You  

  • Equity Protection: The exemption protects your equity, not the full value of your home. For example, your home is worth $300,000, and you owe $200,000, and then your equity is $1000,000.  
  • Bankruptcy Rules: If your equity falls below the exemption, then the trustee cannot sell your home to pay unsecured creditors.  
  • Non-Primary Residence: If the property is real estate and not your primary residence (such as a vacant lot or rental), the exemption drops to a maximum of $6,400 per owner.  

Do You Need a Car Accident In Utah 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 on years of experience in assessing the situation. 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. 

FAQ - Frequently Asked Questions

Under what circumstances can an individual sue me following a car accident in Utah?





Utah law has a statute of limitations that imposes a strict time limit. The period for filing a suit on a normal personal injury car accident case would be four years, starting from the date of the car accident. 

Will I risk losing my home if the judgment in the lawsuit is higher than the coverage limit of my insurance?





Yes, you may risk losing your house if the judgment exceeds the insurance coverage limit. If the judgment is more than the coverage limit, then the court may go ahead to seize all your unsecured property, including your house, other property, bank account, and wages in the future. 

What happens if I cause a serious accident and my insurance is not enough?





When your insurance limits are exhausted, you remain personally responsible for the remaining balance of the damages. The injured parties can sue you for the “excess”, which may put your personal assets, savings, and future earnings at serious risk.  

How does umbrella insurance protect my home after a car accident?





Umbrella insurance protects your home by providing excess liability coverage. If you cause a severe car accident and are sued for damages exceeding your standard auto insurance limits, the umbrella policy pays the remaining balance.   

What assets can be at risk after an at-fault car accident lawsuit?





Personal assets are at risk if an at-fault car accident lawsuit yields damages that exceed your liability insurance coverage limits. In such scenarios, the injured party can pursue a legal judgment against your personal wealth to recover the remaining balance.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

Know more about Chris Cockayne or my other social profiles like Avvo | Martindale | lawyers | Findlaw | Yelp | lexinter | Linkedin | Facebook | and  X

Why Is My Car Accident Settlement Taking So Long?

July 19, 2024/in Personal Injury Lawyer, Resource/by Chris Cockayne

If you were injured in a collision caused by someone else, the road to recovery may be a long one. As you may know, working with an experienced West Valley City car accident attorney increases the likelihood of your claim being approved. And with a lawyer’s help, walking away with a greater amount of cash is to be expected.

But why is your car accident settlement taking so long to finalize?

The slow pace of the claims process tries the patience of many victims, but complex cases – like those involving liability disputes or serious injuries – can take anywhere from six months to two or more years to resolve. Understanding the potential reasons for the prolonged timeline may help reduce your frustration. Here, we explain why settlement agreements can be delayed and why having a car accident attorney in your corner can make a significant difference.

Medical Treatment

To settle for the full value of your claim, you need to reach the point of maximum medical improvement. That does not necessarily mean you are completely recovered, just that your condition has improved as much as is medically possible. Until then, the full extent of your damages will not be known.

Settling before you have worked out the future costs of your accident-related injuries can lead to you being grossly undercompensated. After all, once you accept a settlement, you cannot ask for more money. So, your wait may be worthwhile.

Lengthy Investigation

One of the key factors contributing to the slow progress of the car accident settlement process is the need for a thorough investigation. A comprehensive assessment of the collision must be done to determine the course of events, who is liable, and what damages can be recovered.

Investigations can be time-consuming, even for an experienced car accident attorney, as proving liability may require interviews with witnesses, the collection of evidence, and legal analysis. Unfortunately, there’s little you can do to fast-track the fieldwork.

Record Gathering

Another potential reason your car accident settlement is taking so long to resolve could be the difficulty of record gathering. The insurance company will want to have copies of all relevant medical bills, documents that establish the cost of treatment, and paperwork to prove the amount of your lost income.

Many people believe that collecting the above-mentioned documentation is as simple as making a few calls or venturing online, but this may not be the case. Records departments are often backlogged, and your requests may be at the back of a long line.


Negotiation Disputes

The initial offer from an insurance adjuster is likely to fall far short of the amount of compensation you deserve. Either you or your car accident attorney will need to negotiate to maximize your settlement, and the back-and-forth can take a good amount of time. What’s more, lowball offers may be made with the intent to delay.

Whether insurance adjusters slow down the process, hoping you will accept a lower offer, or negotiations fail and the case goes to trial, you may have to fight to reach a favorable resolution. With this sort of challenge, there may not be a swift ending.

Outstanding Bills

After you have reached maximum medical improvement, completed the investigations, gathered the necessary records and gone through negotiations or litigation, a settlement agreement is made. In most cases, the insurance company sends out a check payable to you and your car accident attorney. Yet you are still waiting for your money. Why?

Liens, or debts owed to medical providers who treated you on a deferred payment basis, must be paid out of the settlement. Before your funds can be disbursed, your attorney needs to negotiate final payoff amounts – this is essential, as any creditor who goes unpaid can bring a civil suit against you.

How a Skilled Car Accident Attorney Can Expedite the Process

Now that you understand what could be causing your car accident settlement to take such a long time, you might wonder how a lawyer can navigate the delays and bring your case to an end more quickly. An experienced car accident attorney can make a difference by:

  • Applying the laws that apply to your case, resolving any issues that may arise, and countering the tactics of the insurance company
  • Accurately calculating your medical expenses, lost income, and non-economic damages, then negotiating for the full value of your claim
  • Handling all legal paperwork, ensuring that everything is done correctly and at the proper time, minimizing the odds of delays due to filing errors
  • Representing your interests at trial, should that become necessary, presenting your case in a light that allows for the best possible outcome

What to Do When Your Car Accident Settlement Is Delayed

A delayed car accident settlement does not necessarily mean your claim will be denied. Insurance companies may need additional time to investigate liability, review medical records, assess damages, or negotiate disputed amounts. Keep track of claim updates, respond to reasonable requests for documentation, and save copies of all correspondence with the insurer.

If negotiations stall or the delay becomes difficult to explain, review the status of your claim and check whether any legal deadlines apply. Understanding the reason for the delay can help you decide what steps to take next.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

Know more about Chris Cockayne or my other social profiles like Avvo | Martindale | lawyers | Findlaw | Yelp | lexinter | Linkedin | Facebook | and  X

How Much Does Car Insurance Go Up After an Accident?

July 5, 2024/in Blog, Resource/by Chris Cockayne

If you or any of your loved ones have been involved in a car accident in Utah recently, let me warn you that your insurance premium may increase. But there is no fixed percentage that will be applicable to every Utah driver. 

However, the exact amount your premiums increase after an accident depends on several factors, including comparative fault, accident severity, and your driving history. Then, your insurer’s rating rules and whether you have accident forgiveness or not will also impact your car insurance.

If you were not at fault, Utah law restricts your insurance company from raising your monthly premium because of the motor-vehicle claim. Utah Code §31A-19a-212 specifically prohibits premium increases for insurance-covered vehicle claims when the insured was not at fault.

This article explains how much car insurance premiums can increase after an accident and what Utah law says about not-at-fault car accidents.

Does Car Insurance Always Increase After Accidents? 

No, not every car insurance premium amount increases after a road accident. Insurers first consider important factors, like comparative fault, claim history, your driving record, and more. 

Your location, coverage, and the insurer’s underwriting and rating rules also affect your premiums. Utah’s Insurance Department also lists your driving record, claims history, location, vehicle, coverage limits, deductibles, mileage, and other risk factors.

 


At-Fault vs. Not-at-Fault Accidents in Utah 

Here’s a quick breakdown of how different accident situations may affect your insurance in Utah.

Situation

Quick Answer

You were completely at fault

Yes, an increase may occur

You were not at fault 

Utah law will prohibit a premium increase as per your motor-vehicle claim

Fault is disputed 

The effect may depend on how fault is ultimately determined 

You share some fault 

The consequences can differ based on the facts and applicable insurance rules 

Hit-and-run 

It will depend on the circumstances, like your available coverage, and whether you are considered at fault or not 

Utah law particularly provides specific protection to drivers who were not responsible for a crash. This protection is applicable in both situations, such as when a policy is issued and when it is renewed.

How Much Does Insurance Increase After An At-Fault Accident?

There is no Utah-wide surcharge that applies to every driver after an accident. National studies provide useful context, but they should not be treated as a guaranteed Utah rate. 

For example, the American Automobile Association (AAA) reported in July 2026 that a LendingTree analysis of January 2026 rate data found an average 45% increase in full-coverage premiums after an at-fault accident involving significant property damage.

Example

For example, a driver currently pays $2,000 per year for full-coverage insurance. A 45% increase would add approximately $900 per year and would bring the annual premium to about $2,900.

But let me be clear that it does not mean every Utah driver will see an exact 45% increase. Your actual premiums will depend on your insurer, policy, vehicle, location, claims history, and other rating factors.

What Determines How Much Your Insurance Goes Up?

Well, there’s no specific rate increase you will see after an accident. This is because every insurance company uses its own risk assessment model and underwriting to determine how much your insurance will increase. 

Several factors can affect how much your premium changes after an accident:

  • Who Was At Fault?

Fault is one of the most important factors in determining your premium increase. If an accident has happened because of your fault, your premium can go up because your insurer will see your claim as an indicator of future accident risk.

However, if you were not at fault during an accident, Utah law will protect your rights. This protection applies when a policy is issued and when it is renewed.

  • How Serious Was the Accident?

The severity and cost of an accident’s damages also affect the potential increase in your premium. A collision involving vehicle damage or injuries can result in a much larger claim than a minor fender bender.

For national context, a 2026 LendingTree analysis cited by AAA found that an at-fault accident involving significant property damage increased full-coverage premiums by an average of 45%. But it is a national average, not a guaranteed Utah increase for an individual driver.

  • How Much Did the Claim Cost?

The amount that is paid on a claim plays an important role when your insurer evaluates the accident. A claim that involves a few thousand dollars in property damage may be viewed differently from one which involves extensive repairs or multiple vehicles.

However, you cannot calculate your future premium simply by looking at the claim amount, because insurance companies use their own rating systems and other factors that affect the final price.

  • Did Anyone Suffer Injuries?

Road accidents are already terrifying, but when serious injuries are involved, it also makes an accident claim more complicated. A crash that involves medical treatment, lost income, or other financial losses will involve more than the cost of repairing a vehicle.

However, the presence of an injury does not create a fixed insurance surcharge. Your premium is determined under your insurer’s applicable rating rules. Questions about compensation for injuries are handled separately from the question of how your future premium is calculated.

  • Do You Have Previous Claims?

Your insurance company can review your previous accident claims and overall driving history when assessing your risks and determining your future premiums. For example, if a driver has a clean driving record, he will have a different insurance profile from someone who has a reckless driving record.

This is one reason there is no reliable way to promise a particular premium increase without knowing the driver’s circumstances and insurance policy.

  • Do You Have Accident Forgiveness?

Accident forgiveness can affect what happens to your premium after a qualifying accident. Some insurers offer this coverage only to eligible drivers that potentially prevent the usual rate increase after a first qualifying accident.

However, the rules can be different from one insurer to another. Some policies require drivers to meet certain eligibility conditions, and the coverage may need to be in place before the accident occurs.

  • What Does Your Insurer’s Rating System Allow?

Every insurance company has its own rating practices and underwriting rules. Two insurers may respond differently to the same accident claim.

The Utah Insurance Department notes that several auto insurance factors can affect what drivers pay for their insurance premiums, and these factors can even be unrelated to the accident, such as changes in your coverage, vehicle, location, or other rating factors.

This is why your renewal notice is important. If your premium changes after an accident, ask your insurer to explain what caused the increase rather than assuming that the entire change came from the accident itself.

Can Your Insurance Go Up If You Were Not at Fault in Utah?

Utah law prohibits a premium increase based on your motor-vehicle claim when you were not at fault. If you believe your premium increased because of a crash for which you were not responsible, you can review your renewal documents and ask the insurer to explain the reason for the increase. 

Try to preserve documentation showing how the accident was reported and how fault was determined. A rate change can have causes unrelated to the individual accident, including broader rating factors.


Does Filing a PIP Claim Increase Your Insurance in Utah?

According to Utah Code §31A-22-307, Utah is a no-fault auto insurance state, and it means all car drivers generally turn first to their own personal injury protection (PIP) coverage to recover their qualifying medical expenses after an accident, regardless of who caused the accident. Utah requires every driver to have minimum PIP coverage of $3,000.

But you need to understand that filing a PIP claim and being at fault for an accident are not the same thing. Whether a PIP claim affects your future premium depends on your circumstances, your insurer’s rating practices, and applicable Utah rules. Therefore, you should not assume that using your PIP coverage means you caused the accident.

What If Both Drivers Share Fault? 

Shared fault can affect an accident claim differently from the way it affects insurance pricing. Utah’s comparative-fault law addresses how fault can affect recovery in a civil claim. 

According to Utah Code §78B-5-818, a person seeking compensation may recover when the combined fault of the defendants and certain other parties exceeds the person’s own fault, subject to the statutory rules.

Some accidents are not as simple as one driver being completely responsible and the other being completely innocent. When both drivers may have contributed to a crash, the insurer may investigate the evidence before determining responsibility for the claim.

Evidence

If fault is disputed and the accident caused significant injuries or losses, you can speak with a Utah car accident attorney who can help you understand how the available evidence may affect your claim. Important evidence can include:

  • Police reports
  • Photographs and video
  • Statements from drivers and witnesses
  • Vehicle damage
  • Traffic citations
  • Available accident reconstruction evidence

It is important to separate insurance pricing from legal liability because the determination of fault for an insurance claim does not answer every question about a driver’s potential compensation in a personal injury case.

What Should You Do If Your Insurance Rate Increases After an Accident? 

If your renewal premium increases after an accident, do not assume that the accident is the only reason. Take these steps immediately to understand the math: 

  • Check Your Renewal Notice

Check your new premium notice, effective date, and any information explaining the change.

  • Ask the Insurer What Caused the Increase

Ask whether the increase is related to the accident, another claim, a change in coverage, or another rating factor. 

  • Confirm How Fault Was Recorded

If you believe you were not responsible for the accident, ask your insurance company how fault was recorded in the claim. 

  • Review Accident Forgiveness

You should carefully read your insurance policy terms to see whether you have accident-forgiveness coverage or not and whether the recent accident qualifies for it or not. 

  • Compare Quotes

Utah’s Insurance Department advises consumers to compare premiums because prices can differ among insurance companies. 

  • Get Legal Advice If the Crash Also Caused Injuries

A premium increase is only one possible financial consequence of a serious crash. If you suffered injuries, lost income, or significant expenses because another driver’s actions caused the accident, you may have questions about compensation beyond your insurance premium.

When Is the Right Time To Talk to a Utah Car Accident Lawyer?

A car accident can create questions that go beyond whether your insurance premium will increase or not. If you were injured or the other driver disputes responsibility, you should turn to a car accident attorney to understand your rights and legal options. 

Knowing that is essential when an insurance company denies your claim or you are facing difficulty obtaining your benefits. At Cockayne Law, we help Utah accident victims pursue compensation for injuries and other losses when another party may be responsible. 

If you are dealing with an insurance issue after an accident, bring your accident report to our office. 

Our experienced attorneys will thoroughly analyze your insurance information, medical records, and other relevant documents before taking any further steps.


Conclusion

Road accidents are common in Utah, but that does not mean every car insurance premium will automatically increase. If you were at fault, your premium may increase. But the amount will depend on your insurer, the severity and cost of the accident, your driving and claims history, and whether you have accident forgiveness.

Utah law protects insured drivers from a premium increase based on their covered motor vehicle claim when they were not at fault. If your insurance rate changes after an accident, you should review your renewal notice and ask your insurer what caused the change.

If the accident also left you with injuries, medical bills, lost income, or other financial losses, the insurance premium is only one part of the situation. 

FAQ - Frequently Asked Questions

How long does an accident affect your insurance rate?





There is no single period that applies to every driver. An at-fault accident may affect your insurance rate for several years, but the exact period depends on the insurer, the driver’s history, the accident, and applicable insurance rules.

Does a minor accident increase insurance rates?





Minor accidents do not automatically result in a higher premium. The effect can depend on whether you were at fault, the amount of the claim, your previous driving and claims history, your insurer, and whether your policy includes accident forgiveness or not.

Can accident forgiveness prevent a rate increase?





Accident forgiveness may prevent an eligible accident from causing the usual premium increase. But it is not included automatically in every policy.

Can I change my insurance company after an accident?





You can compare quotes from other insurers at renewal. Different companies may evaluate the accident and its claims history differently, so the premium they offer will also vary.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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When to Consult a Lawyer for a Truck Accident

April 19, 2024/in Blog, Resource/by Chris Cockayne

Were you injured in a collision with a semi-truck, tractor-trailer, or other big rig? A lawyer for a truck accident in Kearns, Utah, may not be the first person you call, but you should absolutely talk to a legal professional soon.

Right now, your number one priority should be to get better. However, depending on the nature of your injuries, the total cost of medical treatment for your injuries could amount to tens of thousands of dollars or more, and if you didn’t cause the collision, the expense shouldn’t be your responsibility.

Being on the fence about hiring a lawyer for a truck accident is certainly understandable, but discussing your situation with an experienced legal professional is a good idea. Most attorneys who specialize in this area of law offer free initial consultations, allowing you the opportunity to get advice without any obligation and know what to ask a truck accident lawyer at your initial consultation.

As for when to consult a lawyer for a truck accident, sooner is better than later. Take a look at the following to learn more.


When Truck Accident Victims Schedule Legal Consultations

Since you’re reading this, we’re guessing you haven’t contacted a lawyer for a truck accident yet. In our experience, many people in your position don’t think to take the step unless faced with one of these situations:

Severe Injuries

After any sort of motor vehicle accident, many victims don’t want to make a big deal out of the incident or their injuries. Instead of calling an attorney, they decide to hang tough.

If you were hurt badly enough that you needed an ambulance ride to the emergency room – or if you’ve realized that your injuries are getting worse – you could benefit from the expertise of a skilled lawyer for a truck accident. While medical professionals can help guide your recovery, you may need the help of an experienced legal professional to obtain compensation for all of your losses.

Increasing Frustration

Trying to deal with the aftereffects of an accident can be incredibly stressful. Despite this, many injured victims do their best to weather the storm on their own.

Being injured in a collision with a tractor-trailer, 18-wheeler, semi-truck, or other big rig triggers a flood of phone calls from insurance adjusters. They all want you to answer questions and give statements, and saying the wrong thing could compromise your case, which is why car accident lawyers offer tips on talking to insurance adjusters.

The pressure can be monumental, and that’s not what you need when you’re recovering. Working with a truck accident lawyer Utah will make your life easier.

Financial Difficulties

Any motor vehicle accident has the potential to result in major expenses, especially if you are injured in a multi-vehicle car accident. And some injured victims don’t really appreciate the costs involved until the bills begin to roll in.

As we mentioned above, your medical treatment could run to tens of thousands of dollars or more. Damage to your vehicle and other property might also add up to a tidy sum, and if your injuries have left you unable to work, finding the funds to stay afloat could be a challenge. Rather than sacrificing your financial stability, look to a lawyer for a truck accident to end your worries about accident-related expenses.

Why You Shouldn’t Wait to Call a Truck Accident Lawyer

The moment you think you might benefit from having legal assistance is the moment to get in touch with a truck accident lawyer. Waiting until you’re better prepared to deal with the situation would be ideal, but that approach puts your claim at risk. Here’s why:

Deadlines

Navigating the accident claims process can take a good deal of time, especially if you are wondering why your car accident settlement is taking so long. And although many cases are resolved through settlement negotiations, sometimes filing a lawsuit is the only way to secure a fair payout. In Utah, injured victims have just four years to bring a claim to court, and the time limit for property damage claims is only three years. If you wait too long to consult a lawyer for a truck accident, you could lose out on money you not only need but also deserve.

Evidence

In order to get the full amount of compensation you’re entitled to after a truck accident, you’ll need to prove that someone else caused the collision, highlighting the importance of timely evidence collection after a car accident. You also need evidence that definitively reveals the severity of the injuries you suffered. However, to obtain certain potentially crucial forms of proof – like electronic logs, in-cab video data, and the results of drug and alcohol testing – you might need the expertise of a skilled Kearns lawyer for a truck accident who understands how federal trucking regulations impact your accident claim in Utah.

Outcome

While every accident claim is unique, research has shown that injured victims who work with attorneys get a much greater amount of compensation than those who go it alone. Many local lawyers – including Chris Cockayne here at Cockayne Law – have years of experience and a vast pool of knowledge to draw on. That boosts the likelihood of a favorable case outcome, but time is also needed. As such, the sooner you consult a lawyer for a truck accident, the better your chances of securing the average settlement for a semi truck accident or more.


When Should You Consider Your Legal Options After a Truck Accident?

Truck accidents can involve serious injuries, multiple potentially responsible parties, and complex insurance claims. Medical records, police reports, photographs, witness statements, and trucking company records may help establish how the collision occurred.

If liability is disputed or your injuries require ongoing treatment, understanding the applicable legal requirements can help you make informed decisions about your claim. In Utah, truck accident claims may also involve specific filing deadlines, so it is important to understand which deadlines apply to your circumstances.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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What Does a Car Accident Lawyer Do?

April 5, 2024/in Personal Injury Lawyer, Resource/by Chris Cockayne

When faced with a difficult situation, you need advice from someone who understands how to help – and if you’re dealing with injuries resulting from a car crash in Taylorsville, Utah, a car accident lawyer is the professional to call.

In an ideal world, anyone injured due to someone else’s negligence or reckless actions would have an easy way to get fully compensated for their losses. In reality, personal injury claims can be surprisingly complicated, and many victims need help to ensure a favorable outcome. Here, the legal team at Cockayne Law explains what the right car accident lawyer can do to pursue the justice you deserve.

Evaluate Your Case

Most car accident attorneys – including Chris Cockayne here at Cockayne Law – offer free, no-obligation consultations. At the start of the meeting, the first hurdle for a lawyer will be to confirm that you have a valid case for compensation. To that end, they’ll listen to your description of the car crash and ask pointed questions, as any personal injury claim needs specific elements to succeed. After the two of you have a discussion, you’ll know whether or not you have a viable case.

Explain Your Legal Rights

Utah has adopted a no-fault auto accidently liability system, and that means damages resulting from a car crash are typically covered by each motorist’s own personal injury protection (PIP) insurance. Comparative negligence also applies, and the state has a statute of limitations of three years for property damage claims and four years for most injury cases. A car accident lawyer will explain all of this in detail, ensuring that you understand the legal process.


Conduct an Investigation

Experienced car accident attorneys know how to build a solid case, and you can count on a lawyer to collect ample proof to support your side of the story. Determining exactly what happened and who was at fault is crucial, and to secure compensation, you may need photos of the crash scene, medical records, police reports and witness statements. A seasoned car accident lawyer can conduct an in-depth investigation and gather the necessary evidence to prove your claim.

Act as Your Advocate

A skilled car accident lawyer can protect your interests by handling the communication and negotiations with the insurance provider of the at-fault party. Insurance adjusters may be friendly, but they aren’t your friends. It’s their job to devalue or deny claims whenever possible, and without legal expertise, a fair settlement offer may be out of reach. An accident attorney in Taylorsville, Utah, can advocate on your behalf, and if necessary, take your case to court.

Maximize Your Compensation

You no doubt want to obtain every dollar you deserve, and an attorney with experience in Taylorsville car accident claims can help make that happen. Medical expenses and property damage are just the start – you may also be able to seek compensation for lost income, loss of earning capacity, pain and suffering, loss of enjoyment and loss of consortium. Hire an accomplished car accident lawyer, and you’ll have help pursuing all of the damages that apply to your case.

Can You Afford a Car Accident Lawyer?

Research has shown that injured car accident victims who have legal representation receive more compensation than those who don’t – but can you bear the expense? Isn’t it expensive to hire a lawyer?

Cost is a common concern, but there’s really no need to worry about your budget. Work with a Utah hit and run accident law firm that accepts cases on a contingency fee basis, and you won’t have to pay a dime in legal fees unless you receive compensation. In the event your case ends without a win, you may be responsible for certain case costs. But this outcome isn’t all that likely, as attorneys who offer contingency fee arrangement generally only accept cases they feel they can win.

Understanding a Car Accident Lawyer’s Role

A car accident lawyer can help investigate a collision, gather evidence, identify potentially liable parties, and explain the legal options available to an injured person. Depending on the case, this may also involve reviewing insurance policies, calculating accident-related losses, negotiating with insurers, and representing the injured person in court if necessary.

The specific work involved depends on the circumstances of the crash, the severity of the injuries, and whether liability or compensation is disputed. Understanding these responsibilities can help you decide whether legal representation is appropriate for your situation.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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Car Accident Lawyers Offer Tips on Talking to Insurance Adjusters

February 28, 2024/in Personal Injury Lawyer, Resource/by Chris Cockayne

Has a car wreck in Kearns, Utah, left you with serious injuries? Hiring an experienced car accident lawyers would be well-advised, as doing so boosts the odds of success with your personal injury claim. But given the challenges of the recovery process, contacting a local law firm may still be on your to-do list – and an insurance adjuster representing the other motorist’s carrier could call at any time. What should you do if that happens? How do highly skilled car accident attorney Kearns recommend handling the phone call? Read on for tips from the Cockayne Law team.

Proceed with Caution

When the conversation starts, the insurance adjuster you speak with may seem to be friendly, sympathetic to the losses you’ve suffered. Don’t be fooled – the two of you aren’t on the same side. For the other motorist’s insurance carrier, the number one goal isn’t to settle personal injury claims fairly. They’d rather pay out as little as possible or, better yet, offer nothing at all. Adjusters often use tricky tactics to get people talking, and if you say the wrong thing, you might inadvertently undermine your case. Keep this in mind, and avoid getting chatty. 

Keep Calm and Be Courteous

Experienced car accident lawyers in Kearns, Utah, say that when an insurance adjuster calls, speaking in a polite and professional manner is the best way to handle the situation. You’re no doubt feeling pretty aggravated about the car wreck and the injuries you sustained, but lashing out at the adjuster isn’t going to help. What’s more, doing that could even backfire, as your words could be twisted to make a case that you were the one responsible for the accident. Try to remain unruffled to keep your claim from being shot down.

Say No to Being Recorded

There’s every chance that the insurance adjuster will ask if it’s ok to record the phone call – and you shouldn’t agree. Instead, politely decline, expressing that the idea makes you feel uncomfortable. Adjusters often make the request for a recorded statement in a way that gives the impression that it’s the standard procedure. Or, they simply make it seem as though everyone involved is legally obligated to comply. Neither is true, and if you give the adjuster the go-ahead to record the conversation, you may be giving them ammunition to justify a minimal payout.


Take Notes While You Talk

When you do get around to calling a Kearns car accident lawyers, you can expect them to ask about conversations you’ve had with insurance adjusters. So, make an effort to jot down key information as you talk. Begin by noting the name, address and phone number of the adjuster and the name of the insurance carrier they represent. Throughout the chat, put important details in writing, including information you receive and any you provide. Record any requests and offers made by the insurance adjuster, too, and when the call ends, confirm that your notes are complete.

Only Share Basic Information

Any insurance adjuster you speak with will try to encourage you to tell your side of the story, but car accident lawyers caution against providing anything other than rudimentary information. Giving your full name and current Kearns address is fine, as is sharing the name of your employer. You can also tell the adjuster about the makes and models of the vehicles involved, if you know them, and the identities of any witnesses to the car wreck. If pressed to provide more details, respond by saying that the investigation is ongoing and you’re unable to divulge more at this time.

Don’t Talk About Your Injuries

More likely than not, the adjuster will ask questions about the injuries you sustained in the car accident. Lawyers say you don’t need to answer – you can and should keep all health information to yourself. Not revealing anything about the nature or extent of your injuries is in your best interests, as your doctors could identify a new accident-related injury at some point down the line. Or, your injuries could get worse. Whatever you say about your condition now could end up being inaccurate, so tell the adjuster you’re still in treatment and waiting for the doctors to tell you more.

Make Your Point of View Clear

When you don’t reveal much to the insurance adjuster, they’ll want to have another chat. According to car accident lawyers, you can discourage repeat calls by ending the conversation firmly. Before you hang up, inform the adjuster that contacting you again isn’t necessary because you don’t have – and won’t have, any other information to share. Make it perfectly clear that you would rather have minimal contact going forward, and make a point of saying that there’s no way you’ll ever agree to a settlement offer without talking to your car accident lawyers first.

Tips for Communicating With Insurance Adjusters

When speaking with an insurance adjuster after a car accident, keep your answers factual and limited to what you know. Review your records before discussing medical expenses, lost income, or property damage, and keep copies of all correspondence.

Avoid guessing about details you cannot remember or agreeing to a settlement before understanding the extent of your injuries and losses. If you are unsure about a question or a settlement offer, take time to review your options before responding.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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In a Utah Auto Accident? Attorneys Explain Who Pays Medical Bills

February 28, 2024/in Personal Injury Lawyer, Resource/by Chris Cockayne

Navigating the aftermath of a car crash in Rose Park, Utah, can be quite challenging. An experienced car accident attorney in Weber can ease your stress by taking the necessary steps to protect your legal rights – but who will cover your medical bills?

 All too often, accident victims decide not to seek medical attention because they’re concerned about the cost. They may be in a great deal of pain, and they may truly need to see a doctor, but they don’t want to be left with a pile of bills. Yet auto accident attorneys say this shouldn’t be a concern.

 Why not? Who pays your medical bills after a car crash? Here, the professional team at Cockayne Law explains how the expenses are covered.

PIP Benefits

 Under Utah law, all motorists are required to have personal injury protection (PIP) coverage. Also called no-fault insurance, PIP policies cover medical expenses stemming from a car crash. If you’re like most people, you opted for the minimum of $3,000 in PIP coverage, but the amount could be $10,000 or more. In any case, your policy declarations page will show how much you have available.

 What does this really mean? After sustaining an injury in Utah Auto Accident, you need to file a claim with your own insurer – even if someone else caused the crash. Your insurance company will pay your medical bills up to the limit of your PIP coverage. And not to worry, using your no-fault insurance won’t impact your rates if you weren’t at fault.

Health Insurance

 Every seasoned Utah auto accident attorney has clients with medical costs that exceed the policy limit on their PIP coverage. If that’s the case for you, your own private health insurance provider will pay your medical bills. Or if you have Medicare or Medicaid, they’ll cover your expenses. However, this may not happen until you supply a copy of the PIP exhaustion letter, which you should receive as soon as you reach the limit.

 What if you don’t have health insurance? Lien-based medical care is an option, with an arrangement to pay your medical providers later, after you recover compensation from the party at fault for the Utah Auto Accident. Attorneys often assist clients in negotiating medical liens, as a hefty premium may be built into every treatment charge. 


Pursuing a Legal Claim

While Utah is a no-fault state in regard to car crashes, that doesn’t mean fault is of no importance. It just means that no matter who is to blame for an Utah Auto Accident, an attorney can only file a personal injury claim or pursue a lawsuit in certain circumstances. In other words, you won’t be able to take legal action unless one of the following is true:

  • You have exhausted your PIP coverage, incurring more than your policy limit in medical bills or other damages – which may include any wages you have lost due to accident-related injuries.

Or:

  • You have suffered disfigurement, dismemberment, permanent disability or another qualifying injury, such as significant scarring, limited use of a body system or loss of use of an organ. 

If you meet either or both criteria, an experienced auto accident attorney can help you hold the at-fault party financially accountable for your injuries. In addition, the door will be open for you to seek monetary compensation for all of your losses. A skilled legal professional can file a claim for pain and suffering, emotional distress, loss of enjoyment in life and any other intangible losses you have incurred.

Do You Need to Hire an Utah Auto Accident Attorney?

 Legal representation isn’t mandatory in the state of Utah, but working with an Utah Auto Accident attorney is a smart move when you have sizable medical bills. An experienced lawyer can help you by:

  • Answering your questions about PIP insurance and Utah Auto Accident claims
  • Monitoring your medical expenses, documenting the paid and unpaid bills
  • Coordinating lien-based medical treatment with Rose Park care providers
  • Filing a legal claim to recover the monetary compensation you deserve

Also, if your health insurance provider has been covering your medical bills, they’ll expect to be reimbursed once you collect damages through a personal injury claim or lawsuit. And if you opted for medical liens, those care providers will want to be paid in full. Either way, an experienced auto accident lawyer can negotiate to ensure that you end up with more money when your case is resolved. 

Granted, you could hunt down the information you need to handle these tasks on your own. Going that route may not lead to the best outcome, however – research shows that Utah Auto Accident victims who have legal representation walk away with much more money than those who don’t. Working with a lawyer greatly increases your odds of obtaining every dollar you deserve, and by turning your case over to a legal professional, you can focus on recovering. Add in the fact that most auto accident attorneys handle claims on a contingency fee basis, charging no legal fees unless they win, and you can see that hiring a lawyer may be worth your while.

 If you’ve been injured in a car crash, the professional team at Cockayne Law is ready to provide the legal help you need. For a free, no-obligation consultation with one of the experienced Utah Auto Accident attorneys in Rose Park, Utah, contact our law office today.

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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What Auto Accident Lawyers Recommend When a Police Report is Wrong

December 15, 2023/in Personal Injury Lawyer, Resource/by Chris Cockayne

As an auto accident lawyer Utah, I would like to tell you, a police report can make or break your personal injury claim. Insurance adjusters rely on these documents when making decisions about liability and accident-related losses, so it’s essential for your police report to be accurate.

But what if it isn’t? If you spot an error or disagree with findings of the responding officer, what should you do?

While you can expect the police to have due regard for the facts, anyone can make a mistake. Any error should be taken seriously, and with certain issues, you might need the assistance of an experienced Utah auto accident lawyer. Here, the professional team at Cockayne Law explains what to do when a police report is wrong

Factual Errors

Sometimes, the officer who prepares a police report inadvertently includes information that is objectively incorrect. Examples of factual mistakes include:

  • An inaccurate account of the location of the auto accident
  • The misspelling of a motorist, passenger or witness name
  • An error in the description of the weather or road conditions
  • The incorrect make or model of one of the vehicles involved
  • A transposed birthdate, license plate or driver’s license number

Factual errors are typically the easiest to correct — providing the responding officer or law enforcement agency with evidence of the correct information and requesting that the report be changed is often all it takes. But if you face any challenges, an experienced Rose Park auto accident lawyer can help.

Errors of Omission

Every now and then, the officer who writes up a police report misses important facts or fails to mention crucial details. For instance, the following could be excluded:

  • A statement from a bystander who witnessed the auto accident
  • A description of accident-related property or vehicular damage
  • A traffic violation committed by one of the motorists involved
  • An account of your concerns regarding injuries you sustained
  • A detail that went unnoticed, like a beer bottle in the bushes

If you believe a specific piece of information should be in the police report, it’s ok to politely bring it to the officer’s attention. They may have simply forgotten to put that in the document, or it could be that they didn’t think the information was important. But if you get any pushback, don’t hesitate to contact an auto accident lawyer.


Disputed Facts

Subjective information in a police report is the toughest to change. Disagreeing with the officer is like challenging their expertise – consider the following examples:

  • The officer says that you being distracted is what caused the auto accident
  • A bystander claims you were speeding and that information is in the report
  • The official diagram of the accident doesn’t reflect what you remember
  • Witness statements are conflicting, yet the officer thinks you’re at fault
  • You disapprove of how your statements about the accident are summarized

In these types of scenarios, getting your police report amended can be next to impossible. Essentially, asking for a correction is like questioning the officer’s professional expertise. When it’s your word against theirs, working with an auto accident lawyer is beneficial.

If the officer responsible for your report refuses to be swayed to your point of view, their conclusions will remain in the document. However, you can ask that your version of events be included or documented in a supplemental report. But before you decide to take that approach, talk to an auto accident lawyer – after all, any statement you make about the incident could be used against you, affecting the outcome of your personal injury claim.

Talk to an Experienced Auto Accident Lawyer Today

Whether the problem with your auto accident police report is a factual error, an error of omission or a disputed fact, it’s a good idea to raise your concerns in a polite manner. People make mistakes all the time, and like everyone, police officers deserve our respect. Approach the situation in the right way, and you might be able to get the document changed.

Often, though, the simplest, most effective means of correcting an inaccurate police report is to work with an experienced auto car accident lawyer .

Generally speaking, police reports aren’t admissible in court. The documents are considered to be a form of hearsay evidence, which can be unreliable. However, there are exceptions to consider. And, a skilled and knowledgeable accident lawyer can use the information contained in your report to help ensure a favorable case outcome.

 

Chris Cockayne -Personal Injury and Car Accident Lawyer
Chris Cockayne

Chris Cockayne is a Utah-based personal injury attorney and the founder of Cockayne Law. With over 15 years of legal experience, Chris has handled a wide range of personal injury and motor vehicle accident cases. He writes about personal injury law, motor vehicle accidents, insurance claims, and related legal issues.

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Recent Posts

  • Utah Bicycle Accident Claims: Rights, Fault, Insurance, & More
  • Utah Motorcycle Accident Claims: Fault, Compensation & Next Move
  • Pedestrian Accidents in Utah: Rights, Fault, & Compensation
  • Utah Slip and Fall Claims: Liability, Evidence, Deadline & More
  • 10 Insurance Company Tactics in Utah And How to Respond

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About Us

Cockayne Law is a Utah personal injury law firm helping accident victims pursue justice and compensation for their injuries.

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Practice Areas

Car Accidents Lawyer
Truck Accidents Lawyer
Dog Bites Accident Lawyer
Motorcycle Injuries Lawyer   
Bicycle Accident Lawyer

CONTACT INFO

West Jordan Location:
6671 S Redwood Rd Ste 110, West Jordan, UT 84084, United States (801) 268-2491

Orem Location:
574 E 1400 S, Orem, UT 84097, United States

Ogden Location:
2650 Washington Blvd, Ogden, UT 84401, United States

Practice Areas

Pedestrian Accident Lawyer 
Slip And Fall Accident Lawyer
Utah Rideshare Accident Lawyer
Bus Accident Lawyer

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Email:

  admin@cockaynelaw.com
Office Hours: 24 Hours Available

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