Faq’s

Utah Personal Injury

Insurance & Settlements

1. “Can insurance companies lie to you about your claim?” While they can’t legally commit fraud, adjusters use “negotiation tactics” that are highly misleading. They may tell you a lowball offer is the “maximum allowed” when it isn’t. Always have a lawyer verify policy limits.
2. “Can I change my mind after accepting a settlement offer?” Usually, no. Once you sign the release and take the check, you waive your right to sue forever. If your injuries get worse later, you’re stuck—unless you can prove fraud in the signing process.
3. “How many car accidents can you have before insurance drops you?” In Utah, two at-fault accidents within 36 months often lead to non-renewal. If you’ve been dropped after a “no-fault” accident, you need a legal advocate to challenge the carrier’s decision.
4. “Can an insurance company withdraw a settlement offer?” Yes. Until you accept it in writing, they can pull it off the table. This is often used as a high-pressure tactic to make you sign quickly.
5. “How does insurance work when an accident isn’t your fault?” In Utah, your own PIP (Personal Injury Protection) pays the first $3,000 of medical bills regardless of fault. After that, you pursue the at-fault driver’s insurance for the remainder.
6. “Can I sue my insurance company if I was not at fault?” Yes, if they act in “bad faith”—meaning they refuse to pay a valid claim or fail to protect you as required by your policy.
7. “What is the average settlement for a hit and run in Utah?” There is no “average,” but it depends on your Uninsured Motorist (UM) coverage. We fight to ensure your own insurance treats you fairly when the other driver flees.
8. “Should I sign an affidavit of no other insurance?” Be careful. Signing this could limit your ability to recover money from other sources. Never sign a legal affidavit without a lawyer reviewing it first.

Liability & Lawsuits

9. “Can I be sued personally for a car accident in Utah?” Yes. If damages exceed your insurance policy limits, the other party can go after your savings, home, and assets. We defend victims to ensure settlements stay within policy bounds.
10. “Can I go to jail for a car accident?” Normally no, unless there was criminal negligence like DUI, reckless driving, or fleeing the scene (hit and run).
11. “What happens if you lie to the insurance company about an accident?” This is insurance fraud. It can lead to claim denial, policy cancellation, and even criminal charges. If you made a mistake in a statement, call us immediately to correct the record legally.
12. “Can I sue for a slip and fall accident in Utah?” Yes, if the property owner’s negligence (like ice or a spill) caused the fall. Utah’s comparative negligence laws mean you can still win even if you were partially at fault.
13. “What is the ‘Clean Hands Doctrine’ in a lawsuit?” It means the court might deny your claim if you acted unethically in relation to the incident. Insurance companies use this to try and “disqualify” victims.
14. “Can I sue the city for a car accident caused by a pothole?” Yes, but suing a government entity in Utah requires a “Notice of Claim” within a very short timeframe (often 1 year).
15. “What happens if you lie about your address on car insurance?” This is “rate evasion.” If you have an accident, the company may deny the claim entirely because the policy was obtained under false pretenses.
16. “Can I sue my job for emotional distress?” In Utah, workers’ comp usually covers physical injuries, but suing for pure emotional distress at work is difficult and requires proving “intentional infliction.”

Injuries & Damages

17. “How much can you sue for emotional distress in Utah?” There is no set cap in standard PI cases. It is calculated by how much the trauma has altered your daily life, sleep, and ability to work.
18. “Can you sue for a broken heart/emotional damage?” Legally, “broken heart” isn’t a cause of action, but “Negligent Infliction of Emotional Distress” is valid if you witnessed a traumatic event involving a close relative.
19. “What is ‘Fair Compensation’?” Fair compensation isn’t just medical bills; it’s lost future earnings, the cost of future surgeries, and the value of your pain.
20. “Can I sue for being forced to get a vaccine?” This is a complex area of employment and constitutional law. Most cases depend on whether there were valid medical or religious exemptions involved.
21. “What to do if a cat attacks your dog?” In Utah, pet owners are liable for damages caused by their animals. This includes vet bills and potential trauma to the owner.
22. “How much compensation do you get for a motorcycle accident?” Motorcycle claims are usually higher value because the injuries are more severe, but insurance companies are biased against riders. We fix that bias.
23. “What months are the 100 Deadliest Days in Utah?” Memorial Day to Labor Day. This is when fatal accidents spike. If you’re hit during this time, you need aggressive representation to stand out in the backlog of claims.
24. “Can I sleep in my car if I’m drunk in Utah?” Be careful. In Utah, you can be charged with a DUI for being in “Actual Physical Control” of the vehicle, even if the engine is off and you’re in the back seat.
25. “Can I shoot an intruder in Utah?” Utah has “Stand Your Ground” and “Castle Doctrine” laws. You can use deadly force if you reasonably believe it’s necessary to prevent death or serious bodily injury.
26. “What can I do about kids trespassing on my property?” You have a duty to keep your property safe (Attractive Nuisance doctrine). If a kid gets hurt while trespassing on your “dangerous” property (like a pool), you could be liable.
27. “Is Utah a ‘No-Fault’ state?” Yes. Every driver must carry at least $3,000 in PIP coverage to pay for their own initial medical bills.
28. “How long do I have to sue for personal injury in Utah?” Generally 4 years for negligence, but only 2 years for wrongful death. Waiting too long is the fastest way to lose your rights.
29. “Can I sue my ex for emotional distress?” It is possible if the behavior was “outrageous and intolerable” (Intentional Infliction of Emotional Distress), but these are very high-bar cases in Utah.
30. “Should I get a lawyer for an accident that wasn’t my fault?” Yes. The other driver’s insurance is not your friend. Their goal is to pay you $0. Our goal is to ensure you walk away with Maximum Profit for your recovery.

Moxie Law Group: Utah’s Aggressive Advocates. Call us 24/7. We don’t get paid unless you win.