Ogden Car Accident Lawyer

The Advocates Car Accident Claim Process

Step 1: Investigate the Accident

The first step The Advocates’ legal team will take is investigating your accident. Our attorneys do this by requesting a police report about your accident, examining any videos or photographs of the crash scene, and by contacting any relevant witnesses to the accident. Once we have firmly established liability, we will begin the hard work of building your personal injury claim.

Step 2: Build Your Claim

Building your car accident injury claim is one of the most time-consuming steps in the entire process. Your medical treatment must be complete before your claim is ready. The sum total of your damages cannot be known until all your medical expenses can be accounted for.

Step 3: Negotiate a Settlement

Once you are finished treating your injuries and your medical records have been gathered, your attorney will send out a demand package to the at-fault party’s insurance. Afterwards, your attorney will begin negotiations. In most cases, a settlement can be reached during this step. If the other party refuses to make a fair offer, then you will have the option to file a lawsuit.

Step 4: Litigate If Necessary

Timewise, litigation is the longest step in the claims process, potentially extending the life of your claim one or two years. In this step, your attorney will argue your case in front of a judge, jury, and/or arbitrator. They will determine who is at fault for the accident and the amount in damages that will be awarded.

What to Do After a Car Wreck

At the scene of the accident

After a car accident, the most important things you can do are stay calm and remain at the scene. If you panic or flee, you may inadvertently damage your potential injury lawsuit. You could also be charged with a hit-and-run under Utah law.

While at the scene, what you do and say is important. Be sure to take the following actions to protect yourself and preserve your case.

Move your vehicle to safety

If you are physically able and your vehicle is operable, state law requires that you move your vehicle out of the way of traffic. Get onto the shoulder or, if possible, into a nearby parking lot.

In severe accidents where there are serious injuries or significant vehicle damage, the police and/or a towing company may need to assist with the removal of all vehicles from the roadway.

Examine injuries

Check yourself and your passengers for injuries. If anyone suffered serious injuries (anything beyond minor scrapes and bumps), call 911.

Even if no one appears to be seriously injured, everyone involved should seek medical treatment as soon as possible after the accident.

Don’t admit fault

Do not apologize or accept blame for the accident. If you hope to take legal action later on, you will need to be found less than 50% at fault for the crash. An investigation may be conducted to determine who caused the accident, but if you admit fault right away, the investigation may never be done.

Utah is a modified comparative negligence state, meaning that even if you were partly responsible for the crash, you can still receive financial compensation, as long as you are not found to be more than 51% at fault.

Do not admit fault for the accident to the police, the other driver, insurance adjusters, or anyone else involved in the accident. In fact, avoid talking about your car accident case at all, except with your attorney.

Call the police

Your auto insurance company will likely require a police report before they will approve any accident claims.

When the officer arrives, they will ask questions regarding the circumstances surrounding the accident. Give them the facts about your accident but avoid offering opinions or speculation on who or what caused the crash.

This police report can be used as

evidence when building your personal injury claim.

Exchange information

In any accident that results in injury or property damage, you are required by law to exchange information with the other driver. Keep this conversation calm and professional. Be sure to obtain the following information from them:

• Full name
• Phone number
• Address
• Insurance information
• License plate number

Take photos

The more thoroughly you document your accident, the easier it will be to build your case later on. Photo and video footage are particularly useful, as they are more reliable than the memories of those at the scene. Take pictures and videos of the following:

• Your injuries
• All involved vehicles from multiple angles
• Traffic and weather conditions
• Marks on the pavement
• The scene as a whole from multiple angles

This documentation can be used by your attorney when building your case. Even if something doesn’t seem important, take a picture anyway. Your Advocate can help you determine what is useful later.

After leaving the scene

Once you have been cleared to leave the scene, there are still a few actions you must take. It is important that you do the following in order to take care of yourself and further your recovery.

Seek medical treatment

If no ambulance was called to the scene of the accident, you should seek medical care as soon as possible. Even if you do not believe you are injured, it is crucial that you see a doctor. Tell your physician that you were involved in a car crash so they know what to look for.

Your doctor will also be able to document all your injuries and the treatment you receive for them. This will be useful when building your case and calculating your damages. You will not be able to send a demand letter to the other party until you have finished treatment.

File an insurance claim

Even if you plan to file a personal injury claim against the other driver’s insurance company, you should still file a claim with your own car insurance provider. Utah law requires all insurance policies to include at least $3,000 of personal injury protection, otherwise known as PIP. PIP can help cover medical expenses, lost income, and funeral expenses (in the case of a fatality). Your own coverage may include more than the $3,000 minimum

If the other driver was uninsured or underinsured, you may have insurance coverage that can help cover your medical bills. Check your policy to see if you have UM/UIM coverage.

In order to file a claim with your insurance provider, you should have the following information handy:

• Date, time, and location of your accident
• Name and contact information of other driver
• Other driver’s insurance and vehicle information
• Police report number

If your medical expenses exceed $3,000, or you face death; dismemberment; permanent disability or permanent impairment based upon objective findings; permanent disfigurement; or a bone fracture as a result of the accident, you can also file a suit against the other driver. If someone died in the accident, you may file a wrongful death claim.

Contact an Ogden Personal Injury Lawyer

If your auto accident led to serious injuries, fatalities, property damage, and/or missed work, you may be entitled to financial compensation. The best way to determine if you have a case is to speak with a car accident lawyer.

The Advocates are ready to get started on your personal injury lawsuit today. Our number-one priority is making sure that injury victims and their families have access to the resources and assistance they need. We won’t just fight to get you maximum compensation—we’ll help you access medical care, car repairs, and other assistance you may need.

Contact The Ogden Advocates today. We offer 100% free case evaluations so you can explore your legal options at no risk. You deserve a legal team who truly cares about you, your family, and your recovery. You deserve an Advocate.