Detailed Answer
This article explains the practical, step-by-step process for pursuing a personal injury claim in Utah after another driver ran a stop sign and hit your car. It assumes the other driver’s failure to stop caused the crash. This is educational information only and not legal advice. For advice about your specific case, consult a licensed Utah attorney.
1) Immediate steps at the scene
- Ensure safety and get medical care: Move to a safe place if you can. Call 911 if anyone is injured. Even if injuries seem minor, get checked by a medical professional — some injuries appear later.
- Call the police and get a crash report: Ask the officer to prepare an official crash report. The police report documents who said what at the scene and often notes fault factors (e.g., running a stop sign).
- Collect evidence: Take clear photos of vehicle damage, the intersection (including signs and traffic signals), skid marks, traffic-camera or business-camera angles if visible, visible injuries, and license plates. Write down names, phone numbers, and statements of witnesses.
- Preserve physical evidence: Keep the damaged vehicle as-is until an adjuster inspects it. Do not sign away vehicle ownership or dispose of damaged parts until you know the insurer’s plan.
2) Medical care and records
Document every medical visit, test, prescription, therapy session, and out-of-pocket expense. Medical records and bills form the backbone of injury claims. Follow recommended treatment; gaps or missed appointments can be used by the other side to argue your injuries are not serious.
3) Notifying your insurer and the other driver’s insurer
Report the crash to your insurance company promptly, even if the other driver appears at fault. Utah insurance policies have notice obligations; failing to notify can risk benefits. The other driver’s insurer will investigate. Provide basic factual information, but avoid admitting fault or giving detailed recorded statements without attorney advice.
4) Understanding fault, comparative negligence, and what you can recover
Utah is a fault-based state for auto crashes. If the other driver ran a stop sign, that driver may be legally at fault for the collision. You may recover damages including:
- Medical expenses (past and future)
- Lost wages and diminished earning capacity
- Property damage (repair or fair-market value)
- Pain, suffering, and emotional distress
- Other out-of-pocket costs (transportation to medical care, household help)
Utah applies comparative-fault rules: a person’s recovery is reduced by their percentage of fault. If you bear a portion of fault (for example, ran a red light or were speeding), your damages will be reduced proportionally. Be aware that severe plaintiff fault can bar recovery under Utah law. For details on state statutes and court rules, consult the Utah Legislature and court resources: Utah Legislature (le.utah.gov) and the Utah Courts website.
5) The statute of limitations (timing to file a lawsuit)
Every state sets a deadline for filing civil lawsuits. In Utah, most personal injury claims must be filed within a limited period after the crash date. If you miss that deadline you may permanently lose the right to sue. Check Utah’s civil filing deadlines and confirm how they apply to your case (and to any governmental defendant) on the Utah Legislature site: Utah Legislature (le.utah.gov). Consider speaking to an attorney early to preserve your rights.
6) Insurance claims process and settlement vs. lawsuit
The common route is a claim with the at-fault driver’s auto insurer. Typical steps:
- The insurer investigates liability and damages.
- They may make a settlement offer. Early offers often are low; evaluate them with medical records and lost-wage documentation in hand.
- If negotiations fail, you may file a lawsuit in Utah civil court before the statute of limitations expires.
Keep detailed records of all communications with insurers and set deadlines for responding to offers. If injuries are significant or liability is disputed, consider consulting a lawyer before accepting any settlement.
7) When to hire an attorney
Consider hiring a Utah personal injury attorney if any of the following apply:
- Serious or long-term injuries
- Liability disputes (the other driver denies fault)
- Multiple parties, complex coverage issues, or underinsured/ uninsured at-fault driver
- Settlement offers don’t cover medical costs, lost income, and non-economic damages
Many attorneys offer free case evaluations and work on contingency (they are paid a percentage only if you recover money). Ask how fees and expenses are handled up front.
8) Practical timeline (typical flow)
- Day 0–7: Emergency care, police report, evidence collection, notify insurers.
- Weeks 1–12: Medical treatment, gather records, insurer investigation.
- Months 3–12+: Settlement negotiations; if no fair offer, file suit before the statute of limitations expires.
9) Special issues in stop-sign collisions
- Traffic-control evidence: Photos showing missing or obscured stop signs, obstructed sight lines, or faded markings can be important.
- Witnesses at intersections: Eyewitness accounts about who entered the intersection when can be decisive.
- Traffic-camera or business surveillance footage: Seek this quickly because footage can be overwritten.
Where to find official Utah resources
- Utah Legislature (laws and codes): https://le.utah.gov/
- Utah Courts (filing procedures and forms): https://www.utcourts.gov/
Important disclaimer: This is general information only and does not constitute legal advice. The article does not create an attorney-client relationship. Laws change and facts matter. For advice about your specific situation, contact a licensed attorney in Utah.
Helpful Hints
- Seek medical attention even for minor aches — early records strengthen your claim.
- Take many photos right away; perspectives and lighting change and evidence may be lost.
- Do not admit fault at the scene or in early communications with insurers.
- Keep a crash folder with medical bills, receipts, photos, the police report number, and notes about how the injury affects daily life.
- Request copies of surveillance or traffic-camera footage quickly — it is often overwritten after days or weeks.
- Get witness contact info at the scene and ask if they will provide a short written or recorded statement later.
- Be cautious about giving recorded statements to insurance adjusters; consider consulting an attorney first if injuries are serious.
- If the at-fault driver has no insurance or insufficient coverage, check your own policy for uninsured/underinsured motorist benefits.
- Ask potential attorneys about contingency fees, court costs, and whether they advance expenses so you understand net recovery.