What to Do After a Car Accident in Utah: A Step-by-Step Legal Guide

There are few things quite as jarring as being involved in a car accident. And unfortunately, the crash itself is often just the beginning. Once the initial shock wears off, many Utah drivers are left to face a series of daunting questions:

• What should I do?
• Who should I talk to?
• What should I say?
• What shouldn’t I say?

If you’ve been in an accident and find yourself faced with these questions, take a deep breath. We’re here to help. This guide walks you through the exact steps to take after a crash, explains your legal obligations under Utah law, and outlines when it makes sense to contact a personal injury attorney.

Step 1: Prioritize Safety at the Accident Scene.

After an accident, the first thing you need to worry about is the safety of yourself and others. If you can do so safely, you should always try to get your vehicle out of traffic as soon as possible. The goal here is to eliminate the possibility of being involved in a second collision, which happens more often than you’d think.[1]

Utah Law on Moving Your Vehicle

• No Injuries: Utah law allows you to move your car to any “suitable location that does not obstruct traffic.” Utah Code Ann. § 41-6a-401(2)(a)(1)(A).
• Injuries involved: You must “immediately stop the vehicle at the scene of the accident or as close to it as possible without obstructing traffic more than is necessary.” Utah Code Ann. § 41-6a-401.3(2)(a)(1).

In either event, your next step should be to call 911—even if the crash seems relatively minor.[2]

Step 2: Exchanging and Gathering Information: Do’s and Don’ts

Once all parties have lawfully moved to a safe area and called 911, the next step is to exchange and gather information related to the accident.

Information You Should Obtain

• Full names
• Addresses
• Telephone numbers
• Driver’s license numbers of all persons involved in the accident.[3]
• Insurance company names and policy numbers

What Not to Say After a Crash

When speaking with these individuals, it’s critical you refrain from saying anything that could be interpreted as an admission of fault. You should also avoid commenting on your physical condition. Even a simple apology or an “I’m fine” could come back to bite you, so it’s best to keep conversations brief, polite, and neutral.

Step 3: Document the Accident Thoroughly

You should collect and record any information you can regarding the accident. If there are other drivers or pedestrians who witnessed the accident, kindly ask for their contact information. These individuals could wind up being critical witnesses, and the sooner you’re able to obtain their information, the better.

You should also record:

• The time of the accident;
• The date of the accident;
• The location of the accident;
• Road conditions;
• Make and year of the vehicles involved;
• Insurance information;
• Apparent damages and injuries; and
• Your version of what happened.[4]

Use Your Smartphone

Photos and videos can be powerful evidence. Take pictures and videos of the scene of the accident as well as the vehicles that were involved.

Step 4: Notify Your Insurance Company

Contacting Your Insurance Provider

Once you’ve gathered and exchanged the necessary information, your next step is to contact your insurance provider to file a claim.

The adjuster assigned to your claim will likely ask you a series of questions related to the accident—who, what, when, where, etc. The adjuster may then ask you to provide additional information. Make sure to cooperate with your adjuster fully, as this should allow them to more efficiently process your claim.

Be Cautious with the Other Drivers Insurance Company

If another driver’s insurance company contacts you and asks to speak about the accident, tread lightly. This is another situation where your words could come back to bite you. Their goal is often to minimize what they pay, not to protect your interests.

However, if you were really the “at-fault” driver, your insurance company should be able to connect you with a lawyer to navigate these kinds of conversations. This is another reason why it’s important to let your insurer know about the accident as soon as possible.

Step 5: Stay on Top of Your Medical Treatment

If you sustained injuries because of the crash, you should immediately seek medical attention. Keep in mind that some of your injuries might not be apparent right away, so it’s important to continuously monitor your symptoms during the days that follow.

Keep Detailed Records

It’s critical you maintain documentation of:

• Facilities where you receive treatment
• Names of the providers who treat you
• Dates and the kinds of treatment they provide
• Missed work and lost wages

Should you ultimately decide to file a lawsuit, your attorney will have to collect this information one way or another. Whatever you can do to make this process easier should allow them to focus their energy on what really matters—securing a favorable outcome.

Step 6: Seek Legal Representation

If you sustained injuries as a result of the accident, you should consider hiring an attorney to assist you with the process of filing a claim. Here are a few things to keep in mind when considering the prospect of litigation.

Utah Statute of Limitations

Timing matters, and a claim’s statute of limitations establishes your deadline for filing suit. Critically, these deadlines can vary based on the kind of claim you wish to bring against the other driver(s). Personal injury claims in Utah can be filed at any point within four years after the date of the accident. Utah Code Ann. § 78B-2-307(3).

However, if you find yourself in the unfortunate position of suing based on a loved one’s death, the statute of limitations is considerably shorter. These kinds of claims—fittingly referred to as “wrongful death” claims—must be filed within two years after the date of the accident. Utah Code Ann. § 78B-2-307(2).

Missing these deadlines can permanently bar your claim.

Preparing for the Worst: Protecting Yourself Against Future Accidents

George Washington once said, “If we are wise, let us prepare for the worst.”[5] The unfortunate reality is that car crashes happen all the time in Utah.[6] And while nobody likes to think about what could happen if they were to be involved in an accident, everyone should do what they can to prepare for that possibility.

One of the best ways you can protect yourself against future accidents is by obtaining underinsured motorist coverage that makes sense for you and your family. If you were to be injured in a car crash caused by someone with little to no insurance, your ability to pay for treatment could come down to your underinsured motorist policy. Be sure to contact your current insurance provider to ask about how you’d be covered in this scenario.

Christensen & Jensen: We’re Here to Help

Choosing a lawyer is a personal decision. Your case deserves attention, experience, and care. Your case should be equally important to your attorney as it is to you and your family. You should strive to retain a firm whose experience and mission you can respect and trust. At Christensen & Jensen, we help Utah accident victims understand their options and pursue fair outcomes. We encourage you to schedule a consultation to see whether our firm is the right fit for you and your family.

If you’ve been injured in a car accident in Utah, we’re here to help.