This form is a sample personal injury complaint filed by the guest passenger in a vehicle involved in accident.
Utah Complaint regarding Auto Accident (Guest Passenger vs Defendant Driver)
State:
Multi-State
Control #:
US-PI-0290
Format:
Word;
Rich Text
Instant download
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How to fill out Complaint Regarding Auto Accident (Guest Passenger Vs Defendant Driver)?
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FAQ
Most car insurance policies follow the vehicle and not the person driving it. That is true for a car insurance policy in Utah, as property damage liability coverage, collision, and comprehensive auto insurance coverage follow the car. Both property damage and PIP are mandatory in our state, but PIP follows the driver.
Utah is a modified comparative negligence state with a 50 percent at-fault bar. This means that if you are 50% at fault, you cannot recover any damages. However, if you are only found 49% at fault for your accident, you can receive 49% of the damage award at the end of the case.
Even in a cut-and-dry case where an insured driver is on the policy and at fault, it can be difficult to get the payout you're entitled to. When a driver is not listed on the insurance policy, the insurer may dispute liability (or fault) because the person involved isn't covered.
The law in Utah is pretty simple. You need to file a vehicle accident report in the event that anyone is injured, killed, or that you feel property damage is over $1,500 in value. WIth most of today's vehicles, this means that even a fender bender needs to be reported.
Car insurance usually follows the car in Utah. The types of car insurance that follow the car in Utah are collision, comprehensive, and property damage liability. You're required to carry property damage liability and personal injury protection in Utah. PIP follows the driver, unlike liability coverage.
If you gave the driver permission to drive, then your car insurance will cover the accident. But if you can prove they weren't given permission to drive or if they're specifically excluded from your policy, then your insurance won't cover them and they'll be liable for the damage they caused.
Your insurance company will likely pay out the damages right away and then seek to recover the amount from the unlicensed driver. Comprehensive third party insurance is the only insurance that will pay out damages despite the at fault driver being unlicensed or driving with a suspended license.
Utah is a ?No-Fault? state. This means that, no matter whose fault an accident may have been, injured parties seek payment for the first $3,000 of medical expenses from their own insurance carrier. This is dictated by a statute sometimes referred to as the ?PIP Statute? which stands for ?Personal Injury Protection?.