It is the first question almost every client asks me, and the honest answer on day one is: I don't know yet. Neither does the adjuster, whatever the adjuster says.
What I can tell you is what moves the number, and what shrinks it. The insurance company knows every item on this list. You should too.
What goes into the value
Medical expenses. Every bill: the ambulance, the ER, the imaging, physical therapy, the specialist, the prescriptions. And the treatment you will still need. If it is not documented, it did not happen, as far as the insurance company is concerned.
Lost income. Time off work for the injury and for the appointments. If the injury changes what work you can do going forward, that is part of it too.
Pain, suffering and limits on your life. The things you cannot do now. Lifting your kids. Sleeping through the night. Your job. Utah calls these general damages, and they are often the largest part of a serious claim.
Your vehicle. Repair or total loss, the rental or loss of use, diminished value, tow and storage. These are real damages and they belong in the same conversation.
Two Utah rules that cut the number
The injury threshold. Utah is a no-fault PIP state. Your own personal injury protection pays the first medical and income benefits, with at least $3,000 per person in medical coverage under § 31A-22-307. Under § 31A-22-309, you cannot bring a claim for general damages, the pain and suffering part, unless you sustained one of the following:
- death
- dismemberment
- permanent disability or permanent impairment based on objective findings
- permanent disfigurement
- a bone fracture
- medical expenses of more than $3,000
That is why adjusters push early, cheap settlements on soft tissue cases. If you settle before you know whether you cross that line, you never find out.
Comparative fault. Under § 78B-5-818, you can recover only if the other side's fault is greater than yours, and your recovery is reduced by your percentage. Think of fault like a pizza. If they say you ate 20% of it, they will only offer 80% of the claim. Get to 50% and you get nothing. That is why the police report, the photos, the video and the witnesses matter so much.
What caps the number in the real world
Insurance limits. A $500,000 injury against a driver with minimum limits is still, practically, a minimum-limits case, unless there is more coverage somewhere. The first thing we do is find all of it: the at-fault driver's policy, any employer or vehicle owner who is also responsible, and your own underinsured motorist coverage.
Punitive damages are rare. Utah allows them only on clear and convincing evidence of willful and malicious conduct or knowing and reckless indifference under § 78B-8-201, with an exception for drunk and drugged driving. The amount of any punitive award over $50,000 is split equally between the injured person and the state.
The mistakes that shrink a claim
- Waiting to see a doctor. It is not the time to be brave. A gap between the crash and your first visit is the adjuster's favourite argument that something else caused your pain.
- Downplaying symptoms. "I'm fine, just sore" gets read back to you months later. Tell your providers everything that hurts. Describe symptoms, not diagnoses: "my neck really hurts, my hands are numb."
- Skipping treatment. Missed appointments look like you got better.
- Giving a recorded statement to the other driver's insurance company. You do not have to.
- Signing a release early. It ends the claim, including the injuries you do not know about yet.
- Posting about the crash. Anything you put online can end up in the file.
Why nobody should give you a number yet
A fair value depends on where your treatment ends up. Settle too early and you are trading the part of the claim you cannot see yet for a check you can see today. That trade almost always favours the insurance company.
What we do in the meantime is build the file so that when treatment is done, the number is supported line by line: medical, income, the vehicle, and the way the injury changed your life.
The deadlines
- Personal injury — four years. Utah Code § 78B-2-307.
- Wrongful death — two years. § 78B-2-304.
- Vehicle property damage — three years. § 78B-2-305.
Want to know where your claim stands? The consultation is free. (801) 685-1000.