Understanding Your Rights After a St. George Car Accident

When you’ve gotten into a car accident, you have certain rights during your recovery. You have the right to receive fair compensation from the driver or other parties at fault for the crash, the right to fair treatment from the insurance companies, the right to medical care, and the right to legal representation as you pursue your personal injury claim. Turn to a St. George car accident lawyer at Swenson & Shelley PLLC for help with seeking financial compensation for your injuries and losses.

Our firm has a proven record of success in car accident claims, including multiple six- and seven-figure awards in catastrophic injury cases, including:

  • $2.75 million for a woman who suffered a traumatic brain injury in a car crash
  • $2.2 million in a truck accident case
  • $2.1 million for a man hit by an uninsured driver

After getting hurt in a car accident in St. George, get help from an experienced attorney to fight for the fair compensation and justice you deserve. Contact Swenson & Shelley PLLC today for a free initial consultation. You can discuss your car accident victim rights with our experienced St. George personal injury attorneys.

Right to Representation

Your rights after a car accident include the right to seek legal representation to assist you with pursuing a car accident claim. An experienced personal injury attorney can help you by dealing with the insurance adjuster on your behalf, filing an insurance claim or lawsuit, as needed, and advocating on your behalf in court.

The Utah State Bar Association recommends preparing for your initial meeting with a car accident attorney to get the most out of your meeting and help your lawyer get up to speed with your case. Information and documents to bring to your initial meeting include:

  • The names and contact details of the drivers involved in the accident and any witnesses to the crash
  • The date and location of the accident
  • Copies of any police report and medical records of treatment you sought for your accident injuries
  • Any communication you have received from the insurance company
  • A written narrative of your recollection of the accident
  • Copies of any accident scene photos or videos

The Bar Association also recommends preparing questions to ask the attorney to learn about their qualifications and what you can expect during the car accident case.

Right to Medical Treatment

Car accidents can lead to serious injuries, including traumatic brain injuries, broken bones, and painful soft tissue injuries. When you’ve sustained injuries in an auto accident, you have the right to seek medical treatment and rehabilitation. You should see your doctor or go to the hospital as soon as possible following a car accident to diagnose injuries you suffered in the crash – even if you don’t think it was a serious accident. It is common for signs of car accident injuries not to appear immediately, but the insurance company can use any delay in your medical treatment against you. See a qualified medical professional to make sure you’re okay.

You should also follow your doctor’s treatment plan and recovery instructions. Suppose you defer treatment or rehabilitation of your injuries. In that case, you risk aggravating or worsening your injuries, which may increase the duration of your medical recovery or potentially cause you to suffer permanent disabilities or impairments. The insurance carrier could also try to shift blame to you and deny your claim.

Right to Compensation

Under Utah car accident laws, car accident victims must seek compensation for medical care from their personal injury protection (PIP) coverage in their car insurance policy. The no-fault insurance law states that an injured victim may file a car accident claim with the other driver’s insurance company only if they have suffered death, dismemberment, permanent disability, permanent disfigurement, a bone fracture, or medical expenses exceeding $3,000.

In a claim against an at-fault driver, you may have the right to recover financial compensation for:

  • Medical expenses
  • Cost of long-term care needed for prolonged or permanent disability
  • Lost wages
  • Loss of future earning potential
  • Physical pain and mental suffering
  • Emotional distress
  • Costs to have your car fixed or replaced

The statute of limitations in Utah allows four years for you to file a car accident lawsuit after the crash. The trial court can dismiss any case filed after the limitations period has expired. Don’t lose out on your chance to pursue compensation for your accident-related expenses. Contact our experienced car accident attorneys today to learn more about your right to seek maximum compensation for your claim.

Right to Fair Treatment by Insurers

Under the Utah Insurance Department’s governing insurance claims processing, insurance companies have various obligations to claimants, including:

  • Maintaining consistent business practices for accepting notice of loss
  • Disclosing any benefit, limitation, or exclusion of a policy relating to a specific claim
  • Notifying a claimant of a benefit determination, including the specific reasons for the determination, reference to the relevant policy provisions, a description of additional information needed, and a description of procedures to appeal an adverse determination

The rules also describe prohibited unfair claim settlement practices, such as:

  • Concealing any relevant policy provisions
  • Denying or threatening to deny a claim or cancel coverage for a reason not clearly described in the policy
  • Refusing to settle a claim without reasonable investigation
  • Denying a claim without providing a notification or explanation of benefits or the calculation of the payment
  • Failing to explain the evidence supporting a denial of a claim
  • Failing to pay a claim with clear liability
  • Advising a claimant not to seek legal advice or suggesting that the claimant will receive less money if they hire an attorney
  • Misleading claimants about the statutes of limitations that apply to their claim
  • Deducting premiums that a claimant may owe on another policy with the insurer from their claim payment
  • Issuing a check containing language releasing the insurer from liability

Swenson & Shelley’s Role in Protecting These Rights

The experienced attorneys at Swenson & Shelley PLLC will vigorously protect your rights after a car accident by thoroughly investigating your case, ensuring you get the medical care you need for your accident injuries, and pushing the insurance companies to provide you with the compensation you deserve. Our firm has a proven reputation for successfully recovering financial compensation for clients in Utah car accident cases.

After suffering injuries in a St. George car accident due to another driver’s negligence, turn to Swenson & Shelley PLLC for help with seeking compensation for your car repairs, medical bills, and lost income. Contact us today for a free consultation. Let’s discuss how our firm will fight for your rights and vigorously pursue accountability from those responsible for your harm and loss. When the worst has happened, we fight for what’s best for you.