What to Do After an Insurance Denial for a Minor Auto-Injury in Utah
Quick disclaimer: I am not a lawyer. This article explains general Utah law and practical steps to help you decide whether to seek an attorney. This is educational information, not legal advice.
Detailed answer — step-by-step: how to respond when an insurer denies your injury claim in Utah
When an insurer denies an injury claim after a minor accident, you can almost always take actions to preserve your rights and challenge the denial. Below is a practical roadmap that explains what to expect under Utah law and how to proceed.
1. Read the denial carefully and note deadlines
Insurers must send a written denial or explanation of benefits. The letter should state the reason(s) for denial and any appeal process or time limits. Note any deadlines for an internal appeal and act promptly.
2. Preserve and gather evidence
Collect everything connected to the accident and injury as soon as possible. Important items include:
- Police report or accident report
- Photographs of vehicles, the scene, and injuries
- Medical records, clinic visit notes, test results, and itemized medical bills
- Employer statements or pay stubs showing lost wages (if claimed)
- Correspondence and notes of phone calls with the insurer
- Witness names and contact information
3. Request your claim file and full denial explanation
Ask the insurer in writing for your complete claim file (sometimes called the claim notes, recorded statements, surveillance, and medical records they relied on). If the denial is vague, demand a detailed explanation. Use certified mail or email with delivery/read receipts so you have proof of request.
4. Use the insurer’s internal appeal process
Most insurers allow one or more appeals. Your appeal package should include:
- A cover letter summarizing why the denial is wrong
- Chronological medical records and bills tied to the treatment you claim resulted from the accident
- The police report, photos, witness statements, and any expert reports if available
- A short statement addressing the insurer’s reason for denying the claim (for example, why an injury is accident-related and not preexisting)
5. Consider an independent medical exam or second opinion
If the insurer doubts causation or medical necessity, obtaining a clear opinion from a treating provider or neutral expert can be decisive. Be aware insurers sometimes pay for an independent medical examination (IME) — know your rights before attending one and consider legal advice.
6. File a consumer complaint with the Utah Insurance Department
If the insurer ignores your appeal or engages in unfair claim-handling, you can file a complaint with the Utah Insurance Department. The Department can investigate and sometimes resolve disputes between consumers and insurers. See the Utah Insurance Department website for consumer help: https://insurance.utah.gov/.
7. Consider alternative dispute resolution
Mediation or arbitration can be faster and cheaper than litigation. Check your insurance policy for mandatory arbitration clauses. If the other driver’s insurer denied liability, mediation can help settle fault and damages without a full lawsuit.
8. Evaluate small claims or civil litigation
If the amount in dispute is small, Utah’s small claims court may be an option. Small claims procedures are faster and less formal. For larger or contested injury claims, you may need to file a civil lawsuit in district court. Before filing a lawsuit, confirm the applicable statute of limitations for personal injury claims under Utah law (court filing deadlines): see Utah Code Title 78B for limitations provisions: https://le.utah.gov/xcode/Title78B/78B.html. Missing the deadline can permanently bar your claim.
9. Know the difference between first-party and third-party claims
First-party claims involve your own insurer (for example, medical payment or PIP). Third-party claims are against the other driver’s insurer. Procedures and legal theories differ. Bad faith theories can arise in first-party contexts if the insurer unreasonably denies or delays benefits, but these are fact-specific and often require legal advice.
10. When to talk to a lawyer
Talk to an attorney if:
- The insurer refuses to pay clearly covered benefits.
- Liability is disputed but the other driver’s insurer refuses reasonable settlement.
- Your injuries are more than minor or the insurer suggests a preexisting condition caused them.
- You want help preserving evidence, handling medical records, or filing suit before the statute of limitations expires.
If you contact an attorney, bring all documentation and the denial letter so the lawyer can evaluate next steps, potential damages, and costs.
Key Utah statutes and resources to consult
- Utah Insurance Code (general rules about insurance companies and claims): https://le.utah.gov/xcode/Title31A/31A.html
- Utah statutes on civil procedure and limitations (deadlines for filing lawsuits): https://le.utah.gov/xcode/Title78B/78B.html
- Utah Department of Insurance for consumer complaints and guidance: https://insurance.utah.gov/
- Utah Courts small claims information: https://www.utcourts.gov/howto/smallclaims/
Helpful Hints — practical tips to strengthen an appeal
- Act quickly: preserve evidence and note appeal deadlines in the denial letter.
- Keep a claim file folder with all correspondence, dates, and names of adjusters.
- Get treatment early and follow medical advice — gaps in care make causation harder to prove.
- Use certified mail or tracked email for important communications.
- Ask for written explanations of every denial and every request for more information.
- If offered a settlement early, carefully evaluate whether it covers all medicals and future care before signing anything that releases further claims.
- Consider a demand letter before filing suit — many cases settle after a clear, organized demand with complete documentation.
- If you can afford it, consult an attorney for a free or low-cost initial evaluation to learn whether you have a strong case or a bad-faith claim.