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Who Can Make Claims Against my Insurance?

Any passenger or driver involved in an accident can pursue compensation through your auto insurance. If you live in a no-fault state, you and your passengers can pursue benefits through Personal Injury Protection (PIP) insurance. In Utah, the minimum PIP insurance coverage caps at $3,000 per person. If your medical bills exceed this amount, you can pursue compensation from the at-fault driver’s insurance; opening a personal injury claim. Meaning, you can hire an attorney to help you with your claim. 

If you are the at-fault driver, your insurance company will be in charge of covering property damage, and personal injuries that have exceeded PIP limits. As an at-fault driver, you will experience increases in your insurance premiums, unless you have earned accident-forgiveness with your company. Furthermore, if your accident goes to court, your insurance company will provide representation for you. 

In the case that you collide with an object, you can make a claim against your own insurance provided you have collision or comprehensive insurance. If the damage to your vehicle was minimal you may not want or need, to involve your insurance company, as you may not surpass your policy’s deductible. For example, if you have chips in your paint or a small dent, you can choose to fix it yourself; avoiding an increase in your insurance premium.

What Happens When the Other Driver is Uninsured

If the at-fault driver is uninsured, you should always call your insurance company. If you have uninsured or underinsured coverage on your policy, you can file a claim against your own insurance for compensation for damages. Also, you should call the police at the scene of the accident. The at-fault driver will receive a ticket for driving without insurance. You can also file a civil lawsuit against them. Regardless of fault, you are eligible for at least $3,000 in PIP benefits in the state of Utah. 

What Living in a no-fault/PIP State Means for You

Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania, and Utah are all no-fault or PIP states. Having an accident in a no-fault state means that both drivers have to file a claim with their auto insurance first. You can file a claim against the at-fault driver’s insurance after you have exceeded your PIP benefits. Furthermore in the state of Michigan insurance companies don’t take fault into consideration at all. Conversely, Pennsylvania takes the percentage of fault into consideration for every person involved in the accident. 

If you have collision coverage, you can make a claim on your own auto insurance policy after an accident. Your insurance company may pay for your car repairs, minus your deductible. If the at-fault driver has insurance, your insurer will seek reimbursement from their company. Once an insurance company accepts liability on behalf of their policyholder they will send payment to your insurance company, who in turn will refund your deductible. This process is called subrogation and can take up to 6 months. Furthermore, your insurance company shouldn’t raise your rates after a claim related to an accident that wasn’t your fault. 

Were you or someone you know involved in a recent auto accident? Call Auto Accident Care Network now at 801-683-1948 to be connected with a live care advocate. Our team at AACN can connect you to trusted attorneys and doctors to schedule a free legal consultation, a free thirty-minute massage, and a no-cost medical exam!

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