Utah Injury Claims · Dealing With Insurers

Should I talk to the insurance adjuster?

You are dealing with two insurers after a Utah collision, and your obligations to them are not the same.

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The short answer

You are dealing with two insurers, and you owe them different things

Your own PIP carrier is a company you have a contract with, and that contract obliges you to cooperate with its handling of your claim. The other driver's liability insurer is an opponent, and you owe it nothing.

Most of the trouble on this subject comes from treating the second like the first.

Your own insurer

Cooperate, and keep it to the facts

Report the collision, give the information your policy requires, and submit your medical bills so PIP pays them. Benefits are payable monthly as expenses are incurred, and are overdue if the insurer does not pay within 30 days of receiving reasonable proof under U.C.A. § 31A-22-309(5).

If your own insurer is refusing to pay benefits that are due, that is a claim in contract, and the statute provides for interest at 1.5% per month plus your attorney fee if the insurer has to be sued for them.

The other driver's insurer

Requests worth pausing on

A recorded statement

You are not required to give one to the other driver's insurer. It is taken early, while your symptoms are still developing, and it fixes your account of the collision and your injuries before either is complete.

A blanket medical authorization

A general release opens your entire medical history rather than the records from this collision, which is how a pre-existing condition becomes the defence.

An early offer

An offer made before treatment ends is priced on an incomplete record, and accepting it closes the claim at that value permanently.

Questions about fault

Utah bars recovery once your share of fault reaches half, so how you describe your own driving is worth real money.

What to give

The information that is genuinely due

Identify yourself, confirm the date, location and vehicles, and give your insurance information. That is what the exchange requires. You do not have to characterise how the collision happened, estimate speeds, or say that you feel fine.

Saying that you will follow up once you have finished treating is a complete and accurate answer, and it is the one most people wish they had given.

Related

Other questions people ask before they call

What is my Utah car accident case worth?

What actually determines the value of a Utah car accident claim: medical expenses, lost income, general damages, insurance limits, comparative fault and liens.

Talk to a lawyer before the adjuster calls again

A case review costs nothing and takes about 15 minutes. If the claim does not need a lawyer, we will say so.