Car Accidents Dustin Gibb February 6, 2024

Car Accident Lawyer in Kaysville and Clearfield

In Utah, your own insurance pays your first medical bills after a crash, even when the other driver caused it. Whether you can go further and claim against that driver depends on your injuries. Dustin Gibb helps you understand where you stand before you accept any offer.

Utah is a no-fault state. Your own personal injury protection (PIP) coverage, at least $3,000, pays early medical costs and part of lost wages regardless of fault. To claim against the at-fault driver for pain and suffering, your medical expenses must exceed $3,000, or the injury must involve permanent disability, disfigurement, or dismemberment.

Utah’s no-fault system, step by step

Step
1

Your PIP pays first.

File with your own insurer, not the one of the person who caused the crash. PIP covers early medical bills and a portion of lost wages. It does not pay for pain and suffering.

Step
2

Check the threshold.

Once reasonable medical expenses pass $3,000, or the injury is permanent or disfiguring, you can step outside the no-fault system. An ER visit with imaging can reach that number quickly.

Step
3

Claim against the at-fault driver.

This claim can cover the medical costs PIP didn’t, future care, lost income, and pain and suffering, up to the driver’s policy limits.

Step
4

When the other driver’s coverage isn’t enough.

If the driver had no insurance or too little, your own uninsured or underinsured motorist coverage may cover the gap. Check your policy’s declarations page. Many people have this coverage and don’t realize it.

The first few days after a crash

✓Get checked out, even if you feel fine. Neck and back injuries often show up a day or two later.
✓Open a PIP claim with your own insurer.
✓Photograph the vehicles, the scene, and your injuries, and keep taking photos of the injuries as they heal.
✓Get the police report number.
✓Be careful with the other driver’s insurance company. You don’t have to give a recorded statement before getting advice.

Crashes on the roads you drive every day

Many of our car accident clients are hurt on familiar roads: I-15, Legacy Parkway, US-89, and the local streets through Kaysville, Layton, and Clearfield. A few details can change a case:

Government vehicles or road conditionsIf a city vehicle, a UTA bus, or a road defect was involved, a notice of claim is due within one year, which is much sooner than the usual deadline.
Winter drivingIcy roads don’t automatically excuse a driver. Following too closely or driving too fast for conditions is still negligence.
Disputed fault

Utah’s comparative fault rule means insurers often argue you were partly to blame.

When the Insurance Company Disputes Fault →

Car accident claim mistakes

Telling the other driver’s adjuster “I’m fine.”

Early statements tend to get quoted back later.

Stopping treatment when PIP runs out.

Gaps in care get used to argue you’ve recovered.

Accepting a check before treatment is finished.

Once you sign a release, the claim is usually over.

Assuming the other driver’s coverage is all there is.

Your own UM/UIM coverage may matter just as much.

Car accident questions

Ask your insurer directly, but PIP is designed to be used regardless of fault. It isn’t a claim against you.

Your uninsured motorist coverage may apply. We’ll help you review your policy.

Yes, as long as you were less than 50% at fault. Your recovery is reduced by your share.

Generally four years for an injury lawsuit, but only one year for a notice of claim against a government entity.

Gibb Law Car Accidents Update

IIHS Research Links Utah’s Lower Alcohol Limit to Fewer Alcohol-Involved Crashes

On October 27, 2026, the Insurance Institute for Highway Safety (IIHS) reported that Utah’s lower blood alcohol concentration threshold was associated with lasting reductions in alcohol-involved crashes. The threshold changed from 0.08% to 0.05% on December 30, 2018; the announcement is new research, not a new driving restriction.

IIHS reported an approximately 9% relative reduction in alcohol involvement among crashes and a 12% relative reduction among injury crashes. The analysis is observational, so it shows an association rather than proving the law alone caused the changes. These are statewide findings and do not establish a result for Kaysville or Clearfield—or for any individual collision.

For drivers, passengers and families dealing with a crash, the research offers safety context, not a decision about fault, insurance coverage or compensation. Each collision claim depends on its own facts. If you have been injured, keep relevant records and seek legal guidance about your specific circumstances.

General information, not legal advice.

What to bring after a crash

✓Police report number and crash photos
✓Your insurance declarations page (it shows your PIP and UM/UIM limits)
✓The other driver’s insurance information
✓Medical records, bills, and PIP payment statements
✓Any communication from either insurance company
✓Repair estimates

Before you talk to the other driver’s insurer, talk to Dustin

Free consultation · (801) 725-6035

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