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Can You File a Claim if the At-Fault Driver Is Underinsured in Utah?

Can You File a Claim if the At-Fault Driver Is Underinsured in Utah? Utah car accident lawyer

Getting into a car accident is stressful enough. Still, when the driver responsible for the crash doesn’t have enough insurance to cover your injuries or damages, the situation becomes even more frustrating. Unfortunately, many Utah drivers carry only the minimum required insurance, which may not come close to covering the full costs of medical bills, lost income, or vehicle damage.

If you’ve been hit by a driver with injury-limited insurance, you might wonder: can you still recover the full amount you need? In many cases, the answer lies in filing an underinsured motorist claim in Utah.

What Does It Mean to Be an Underinsured Driver?

In Utah, drivers are required to carry minimum liability coverage of $25,000 per person and $65,000 per accident for bodily injury. While this meets state requirements, it often falls short of what’s needed after a serious accident, especially if multiple people are injured or someone needs long-term medical care. A driver is considered “underinsured” when their liability limits are not enough to compensate the injured party fully.

For example, if you’re rear-ended on I-15 near 7200 South in Midvale and your medical costs alone exceed $50,000, but the at-fault driver’s insurance only pays $25,000, you’re left with a significant financial gap. That’s where underinsured motorist coverage comes in.

What Is UM/UIM Coverage?

Uninsured Motorist and Underinsured Motorist coverage are types of insurance you purchase through your own auto policy. UM coverage applies when the at-fault driver has no insurance at all. UIM coverage, on the other hand, helps when the driver has insurance, but not enough to pay for your injuries and damages.

In Utah, UIM coverage is optional but strongly recommended. Many drivers don’t even realize they have it until they need it. UIM can help pay for:

  • Medical expenses: Including emergency room visits, surgeries, rehabilitation, and follow-up care
  • Lost wages: If your injuries keep you from returning to work for weeks or even months
  • Pain and suffering: Depending on the severity and impact of the injury on your life

Filing an Underinsured Motorist Claim in Utah

Filing a UIM claim is typically done through your own insurance company. However, that doesn’t mean the process is always simple. Insurance companies often challenge UIM claims or attempt to minimize the payout. Before filing, you’ll first need to collect compensation from the at-fault driver’s policy up to its limit. Only then can you pursue your UIM coverage for the remaining damages.

To support your claim, you should gather:

  • Medical documentation: Treatment records, bills, and doctor’s reports
  • Proof of lost income: Pay stubs, employer letters, or tax documents
  • Accident evidence: Police reports, photos of the crash on Redwood Road or State Street, and witness statements

Common Challenges in UIM Claims

Even though you’re dealing with your own insurance provider, UIM claims can become adversarial. Insurance adjusters may argue that your injuries aren’t as severe as claimed or try to limit your recovery based on your policy limits or exclusions.

It’s also important to act quickly since there are strict deadlines for filing an underinsured motorist claim in Utah. Additionally, your policy may require specific procedures, such as written notice of the underinsured claim or approval before settling with the at-fault driver.

When to Contact a Utah Car Accident Lawyer from Flickinger • Boulton • Robson • Weeks

If you’ve been injured in a crash with a driver who has limited insurance, you’re not out of options. A skilled Utah car accident lawyer can review your policy, communicate with the insurance company, and help ensure you get the full compensation you deserve. Whether the accident happened near the University of Utah campus or on the icy roads leading up Big Cottonwood Canyon, legal support can make all the difference in recovering from your injuries.

For help navigating an underinsured motorist claim in Utah or understanding your UM coverage, contact Flickinger • Boulton • Robson • Weeks at (801) 500-4000. Our seasoned legal team is ready to stand by your side and fight for the compensation you need to move forward.

Note:The information in this article has been gathered from publicly available sources. Flickinger Boulton Robson Weeks has not independently verified all details of the reported incident. If you identify any inaccuracies or missing information, please contact us so we can promptly review and update the content as needed. The photo used in this post was not taken at the described scene. We are committed to accuracy and will address any concerns, including content removal requests, with respect and diligence.

Disclaimer: Accessing or using the information provided does not establish an attorney-client relationship with Flickinger Boulton Robson Weeks. For legal guidance tailored to your specific situation, we encourage you to consult a qualified attorney. While we strive to provide accurate and reliable information, we do not guarantee its completeness, accuracy, or applicability to individual circumstances.

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