Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Identify All Responsible Parties
First, work with your insurer or an attorney to confirm each at-fault party. Collect police reports, witness statements, medical records, and any evidence linking each party to your injuries and damages.
2. Understand Utah’s Proportionate Liability Framework
Under Utah Code §78B-5-818, each defendant is generally liable only for their percentage share of fault. A judge or jury assigns a percentage of fault to each party, and you can recover from each up to that share of your total judgment.
3. Exhaust Shared Policy Limits
If multiple at-fault drivers share a single auto policy, the insurer pays up to the combined policy limit, regardless of the number of drivers. Once that limit is exhausted, any unpaid expenses remain your responsibility—but you can still pursue individual drivers for their share.
4. Leverage Underinsured Motorist (UIM) Coverage
Review your own policy for underinsured motorist coverage under Utah Code §31A-22-305. UIM coverage can bridge gaps when at-fault parties’ limits fall short. Depending on your policy, you may “stack” coverage from multiple vehicles or policies to increase available funds.
5. File Lawsuits Against Individual Parties
After policy limits are paid, file a claim or lawsuit against each uninsured or underinsured at-fault party for the remaining damages. Use the fault percentages determined during discovery or at trial. Evaluate each defendant’s ability to pay by investigating assets or other insurance.
6. Negotiate or Litigate for Full Compensation
Many disputes resolve through settlement. Negotiate with each party or their insurer based on their share of fault. If negotiations stall, obtain a court judgment and pursue collection via wage garnishment, property liens, or bank levies.
Helpful Hints
- Keep a detailed log of all accident-related expenses, medical bills, and lost wages.
- Document all communications with insurers and at-fault parties in writing.
- Confirm your own UIM limits and stacking rights before settlement talks.
- File your personal injury lawsuit before Utah’s two-year statute of limitations (Utah Code §78B-2-307).
- Consider hiring a financial investigator to locate assets if defendants lack sufficient insurance.
- Ask your attorney about alternative dispute resolution to save time and costs.