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What am I entitled to in Utah?
What does my own insurance cover?
When you own a vehicle that is insured, regardless of who was at fault in the accident, you are entitled at minimum to receive Personal Injury Protection, or PIP, benefits, also known as no fault. There are 3 main benefits you are entitled to:
1. Medical Expenses up to $3000.00: Regardless of who is at fault, each person injured is entitled to a minimum of $3000.00 for medical expenses. (Check your policy because some have higher amounts). Medical Expenses can be anything from doctor visits to acupuncture, massage therapy, or medications.
2. Lost Wages of $250.00 per week: Personal injury protection also provides lost wages or loss of earnings capacity coverage of $250 per week for a maximum of 52 consecutive weeks. The Utah Court of Appeals has concluded that the 52 weeks runs from the date of the first wage loss, not from the date of the accident. Thus, if the accident occurs on January 1, 1999, but the wage loss does not begin until March 1, 1999, the injured party is entitled to lost wage benefits for 52 consecutive weeks from March 1, 1999. PIP wages pay for “any loss of gross income” and “loss of earning capacity per person from inability to work.” In other words, if you are looking for work and you are injured in an accident and medically unable to work, you have suffered “loss of earning capacity” and are entitled to the PIP lost income benefit.
3. Household Services: Following an accident many people are unable to do their own household chores such as cleaning and yard work. Your insurance will pay up to $20.00 per day for someone to help you keep up your home. This is available for up to one year after the accident. The $20.00 per day can sadly add up quickly. If you need someone’s help, even a spouse or child, you can get reimbursed for the time they spend helping. Even if someone regularly helped out for just a few months you could be reimbursed over $1000.00.
The policy language for PIP dictates that insured are covered under the policy for damages incurred: “Arising from the use, maintenance, or ownership of a vehicle”. For example, an insured is ready to go on a trip, and as he is putting his suitcase in the trunk, he bumps his head or knee, or slips on something, lands on the ground, and ends up having knee surgery. He is able to claim no-fault benefits because he was engaged in the use of the vehicle when he injured his knee.
These benefits are available to anyone in the vehicle, and even extend to pedestrians.
In addition to No Fault benefits, your insurance may have other benefits to which you are entitled including uninsured motorist coverage, rental car coverage, towing, property damage, etc, so make sure you contact your insurance agent or personal injury attorney to know exactly what you are entitled to. If you feel the insurance company is not giving you everything you deserve contact a personal injury lawyer in Utah.
The Advocate at Driggs, Bills and Day, P.C., have attorneys available 24 hours a day, 7 days a week to answer any questions you may have about your injury case. With offices in Salt Lake City, Ogden, and Provo, UT, do not hesitate to call now. |