When Insurance Isn’t Enough

ELI5: Negligence

What are your options when insurance has left you with unpaid medical expenses?

Utah is a no fault state. This means that, if you are in an car accident, your insurance will cover up to $3,000.00 in damages no matter who is at fault. But what happens if you’re seriously injured in an accident? What if you need help paying for medical bills beyond what the basic PIP insurance covers? Furthermore, how much compensation will you be entitled to? Many people are unaware of how personal injury lawsuits and insurance companies work to compensate the injured. If you have been injured in an accident, it is important that you understand your options so you can move forward.


Though your insurance will pay for the first $3,000.00 in damages, you can still file a personal injury claim. However, insurance companies won’t pay more than the limit of the policy held by the at-fault party. Policy limits are the maximum amount a person’s policy will pay in the event of an accident. For example, if you have $35,000.00 worth of medical bills, but the person at fault only has an insurance policy for $25,000.00, the maximum amount the insurance company will pay is $25,000.00. This means you will have to decide if you are going to personally sue the person if you need additional compensation beyond what their policy covers.


If the defendant has no insurance, you can still file a claim against them. The difference is that the person without insurance will be personally liable for your damages. If you carry uninsured motorist bodily injury, your insurance company will take care of your claims up to your uninsured motorist policy limit. There is another type of insurance called underinsured motorist which protects you against drivers who don’t have enough insurance coverage to cover damages resulting from their fault. You may be able to file an underinsured motorist claim when certain conditions have been met. It may be better to go through your insurance company than personally suing the person who caused your injuries.


You can still sue a person even if they don’t have any assets or insurance. However, most attorneys will caution you that the lawsuit may not be worth the time, money, and effort. It can be difficult to collect from someone without assets—even if they’re ordered to pay. A personal injury attorney can help you decide what your best options are when a defendant doesn’t have any assets or insurance. It’s an unfortunate situation, but it does happen. In these cases, a lawyer may be able to help you reach a settlement that may at least help pay for some of your expenses.


Many people wonder if they should consult a personal injury attorney when they are injured in an accident. Believe it or not, it is always a good idea to consult an attorney when you’ve been injured in an car accident. An attorney will be able to guide you through the personal injury claim process, and answer any questions you have along the way.  Since most personal injury firms offer free consultations, there’s no reason not to go to an attorney.


Accidents can be financially and physically devastating. If you have been injured in an accident, Moxie Law Group can offer support.We’re here to answer your questions about your personal injury claim. Our experienced attorneys are dedicated to fighting for the maximum compensation. Contact us today for a free consultation.

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