By Attorney Ken Reich
Yes. If you get in a car accident in Utah, your own insurance covers the first $3,000 of medical care. If you don’t have more than $3,000, you have no claim against another driver regardless of fault. Let’s dig into all of the specifics of how no-fault car insurance works in Utah:
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Question: Can I still recover for my personal injury even if I caused or contributed to the accident?
Answer: You will get tired of hearing this, but it depends. Utah law requires that the you (the injured person) be less than 50% at fault for the accident in order for you to recover from someone else. This means that if you are 50% or more at fault, you cannot recover from someone else for their share of the fault in the accident. This is called “modified comparative negligence” or “modified comparative fault.” If you read anything about “pure comparative negligence” or “pure comparative fault” or “contributary fault” or “contributary negligence,” you are reading about laws outside of Utah and those laws do not apply. Let’s look at a few examples:
Continue reading “Can I still recover for my personal injury even if I caused or contributed to the accident?”