A car accident is one of the leading causes of injuries in the United States, with over 13,000,000 crashes occurring in 2023 and over 5 million of these crashes resulting in medically consulted injuries according to the NSC. A car accident can result in serious injuries and introduce new physical, emotional and financial burdens for all those involved.
With car accidents resulting in 513 billion dollars in damages, you may expect that there would be no misconceptions about car accidents, unfortunately that could not be further from the truth. The insurance industry is a billion dollar industry, and they make their money profiting off of the misconceptions that can hinder an individual from getting the compensation they deserve from their injuries. As your Utah car accident lawyers we are dedicated to fighting for your rights and hope we can demystify car accidents by debunking 5 common myths surrounding them.
Myth 1: Minor Car Accidents Do Not Cause Serious Injuries
One common widespread myth is that if a car accident is minor, such as a fender bender or parking lot accident, then there is no risk of serious harm. This assumes that if your vehicle does not look seriously damaged that you must be fine. This can lead victims to forgo a medical examination, potentially exacerbating underlying issues.
Reality: Low Impact Crashes Can Still Result in Injuries
Even in a car accident that is low impact injuries can still occur, such as whiplash, concussions, or soft tissue damage. In fact recent studies have shown that whiplash can occur in accidents that are as slow as 5-10 mph according to the Rush University Medical Center. These injuries may not manifest until days or weeks later, but they can still be serious.
After a car accident, regardless of how serious it may seem, consider seeking prompt medical attention as it can reveal injuries that may have been covered up by adrenaline, and create a record of injuries that you have received. Delaying medical treatment and letting these injuries worsen over time can destroy your personal injury case.
Myth 2: Insurance Companies Will Fairly Handle Your Claim Without Legal Assistance
The insurance industry is one of the largest industries in the United States, and from watching commercials and hearing jingles many individuals may assume that their insurance provider has their best interests in mind. With these assumptions about insurance companies many people believe that an insurer will act in their best interest and offer a fair settlement promptly after an accident.
Reality: Insurance Providers Only Care About Maximizing Profits
The insurance industry has stayed so profitable by investing all of their insured clients money and profiting off of the earnings. This is how an insurance company operates. When they have to pay out for an injury they will try their absolute hardest to minimize your injuries so that they can pay out as little as possible for your claim. An insurer may undervalue your claim, deny liability, and pressure you into accepting a low offer before the full extent of your damages is known.
Hiring a Utah car accident lawyer ensures that your claim will not be pushed around by an insurance company. Your attorney will negotiate with an insurance company and maximize the compensation you can receive for your medical bills, lost ages, and pain and suffering.
Myth 3: You Cannot Recover Compensation If You Were Partially at Fault
It is commonly thought that if you were the driver that caused or contributed to an accident in any way, such as speeding or changing lanes improperly. You may believe that you are completely barred from seeking any damages for your injuries or damages.
Reality: Comparative Negligence Can Grant You Partial Recovery
Depending on the state, comparative negligence rules may apply to your car accident. What comparative negligence means, is that you may be able to seek damages for your accident even if you bear partial responsibility. For example, if you were involved in an accident and an insurance company says you were 30% responsible for the accident, then you would still be able to recover 70% of the damages from the at fault drivers insurance. If you have questions about comparative negligence rules consider reaching out to a Utah car accident lawyer to learn more.
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Here in Utah, we operate as a no-fault state, which means that every driver is required to have Personal Injury Protection insurance or PIP. PIP insurance is insurance that covers a certain amount of damages regardless of who caused the accident. Here in Utah all drivers must have a minimum of $3,000 in PIP coverage, which means even if you caused the accident, you can still claim up to $3,000 in damages from your insurance company.
Myth 4: There is No Rush to File a Personal Injury Claim After an Accident
A victim may believe that they are able to file an insurance claim at any time. You may think you have unlimited time as your focus on recovery, or if your injuries seem manageable for the time being.
Reality: Time is Critical in an Insurance Claim
A personal injury claim should be started as soon as possible. Insurance companies employ plenty of tactics to delay paying out an injury claim, and the sooner you start an insurance claim the more time you have to focus on medical treatment and your recovery.
Another reason to file an insurance claim as quickly as possible is due to the statute of limitations. Every state imposes a statute of limitations and it varies from state to state. Here in Utah you have four years from the date of the accident to file a personal injury lawsuit. If you miss this deadline you will permanently forfeit your rights to any compensation you could receive from your personal injury claim.
Myth 5: All Car Accident Cases Require Going to Trial
One common fear among people pursuing a personal injury claim is that their case may lead to a lengthy, stressful, and costly court trial. This fear deters many people from seeking legal recourse from a car accident.
Reality: The Majority of Claims are Handled Outside of Court
The vast majority of car accident claims, roughly 95% in most estimates, are resolved through negotiations with insurance companies outside of court. An accident going to trial is rare and typically only occurs when negotiations fail to yield a good outcome, or the case has complicated liability disputes. A skilled personal injury attorney will guide the process towards efficient resolution but will also be prepared for litigation if necessary.
Conclusion
Our goal as your Utah car accident attorneys is to empower all victims of car accidents to take proactive steps towards their recovery and seek justice for the damages they have suffered. If you or a loved one has been involved in a car accident, call the car accident experts at LifeLaw Personal Injury for a free consultation.
Our Utah car accident attorneys will fight tirelessly for you, ensuring that evidence has been gathered and your case gets the settlement that you deserve. Our attorneys believe in a client centered approach to personal injury law with constant communication throughout your case so that you feel seen and heard every step of the way. Give us a call today to discuss your next steps!