Little-known Utah Law can save you a huge headache!

Lets make that post-collision headache a little more bearable:

I meet with people every day to educate them on a Utah Law rarely known - Its called "P.I.P."

         This fun acronym stands for Personal Injury Protection. When you are in an auto accident, it is your best friend.   This is how it works:

YOUR FACTS (should you choose to accept them): You are driving your car, going the speed-limit, obeying the traffic laws, then SMASH!!  Another car hits you out of nowhere. Its not your fault. You were the victim. What happens now?...

First, you need to call your auto insurance company. "But it wasn't my fault, why would I call MY insurance company?" - Because PIP is coverage under YOUR policy. It is specifically designed for accidents that are NOT your fault. (Don't worry, it doesn't raise your premiums.) Call your insurance and get the claim number.

Second, your insurance company pays out the PIP benefits, which are: 1. initial medical costs ($3000 is the state minimum); 2.   85% of your lost wages, up to $250 per week; 3. $20 per day for household services that you can't do.  These three benefits are separate and readily available. (use it or lose it)

Third, the magic happens... Your insurance will actually go after the "at fault" party's insurance to be reimbursed. They usually do this 6 months down the road, and don't need to involve you. This means,  your insurance company pays you the PIP benefits with no consequence to you. Your rates DO NOT RAISE. They do this because they get their money back from the insurance company of the Jerk that hit you. His insurance pays your PIP benefits in the end.



So, if you are in an auto accident, avoid the headache that the other driver's insurance company will give you, just CALL YOUR INSURANCE. If you need to go to the hospital, GO! All of your initial medical bills are covered. If you need to miss work to heal, MISS IT! Your lost wages are covered. If you need to hire a neighbor boy to mow your lawn, HIRE HIM!




P.S.  -- PIP is mandatory in Utah. So, Yes, you have it.

Utah Traffic Code 41-6a Important Regulations

Traffic Code 41-6a

A.    41-6a-1: Definitions

a.       Highway – the entire width between property lines of EVERY way or place of any nature when ANY part of it is open to the use of the public as a matter of right for vehicle travel.

                                                              i.      This means that if there is a portion of property that is designated for public travel, that entire property is considered to be the highway.

1.      Likely – the shoulder, the field between intersection lanes,

2.      Possibly – sidewalks if property lines include it.

B.     41-6a-201

a.       Operation of vehicles means only the operation of vehicles on a highway

                                                              i.      Meaning: the traffic code only regulates the vehicles that are driving on the property described previously – highways, public access with the right to travel by vehicle.

                                                            ii.      This is a case where you would want the highway to stop at the sidewalk if you only drive on the sidewalk and do not want to be regulated by the traffic laws – like if you only ride your bike on the sidewalk

1.      But if you ride your bike on the street, then you are regulated by this traffic laws – you have to do everything that a car would do.

2.      On a bike, you have to stop at a red light, you have to yield to pedestrians, you have to signal, etc.

b.      EXCEPTIONS:

                                                              i.      When specifically identified

                                                            ii.      Under accident responsibilities

                                                          iii.      Under DUI and Reckless driving

C.     41-6a-202

a.       Police must record on the citation that the traffic violation resulted in a collision that resulted in serious bodily injury or death of the victim.

D.    41-6a-203

a.       Any person falsely, fraudulently, forcibly, or willfully induces, coerces, requires, permits, or directs another to violate a traffic crime is guilty of the crime

                                                              i.      Meaning: if you are entering into road rage wars (star wars case) then you could be guilty of the same offense

1.      Not always – must cause, induce, or coerce. Coerce is usually a pretty high standard. Cause leaves room for interpretation. Induce is also a high standard.

2.      Even if this is not the legal definition, the jury would likely consider this to mean that the driver was also guilty of doing the same thing (although the jury would already place liability on the driver for provoking the incident)

a.       Can I, in trial, allude to the idea that the D should have gotten a ticket by the law, even though he did not???

E.     41-6a-205

a.       Except as specifically exempted, this traffic code applies to any state, city, government vehicle operator.

                                                              i.      Meaning that police cannot break the traffic laws (unless specifically exempted)

F.      41-6a-207

a.       Local law enforcement can enact additional regulations so long as not in conflict with these.

G.    41-6a-208

a.       Local highway authority cannot:

                                                              i.      Prohibit or restrict the use of a cell phone by the operator or passenger of a motor vehicle.(3)(b)

                                                            ii.      Prohibit a bike on public street UNLESS

1.      Documented that the local authority has reviewed the safety history of the highway, considered reasonable alternatives, including signage. AND

2.      Clearly marked a safe alternative route for the prohibited section of the highway

a.       So you cant say no bikes allowed here unless there is an alternative way that is reasonable (and the legislature has documents showing that it is unsafe to go on the highway)

b.      Any ordinance is not effective for traffic control unless proper signs are erected.

Dog Bite? - Top 8 questions answered here.

Dogs Bite. It's in their nature. So what do you do when it happens? 

 Here are a couple of the most common questions you face when dealing with a dog bit:

1. What do I do if I am bitten by a dog?

Seek medical attention. Hopefully that goes without saying. At the hospital, they will need to know if it was a dog bite to treat you properly. They also are required to make a report and notify animal control. Animal control will make a report and decide to quarantine the dog.

2. What are my rights?

If you, or your minor child has been attacked by a dog, you have the right to be made whole. This means that you have the right to be placed back in the original position as before the bite.  So, everything that resulted from the dog bite should not have happened - Doctor bills, shots, any scarring, and especially the pain and suffering.

The average recovery for a dog bite is $35,000. Some bites are worse than others, leaving children with permanent disabilities and scarring. It is always important to get an attorney to represent you.

3. Who is responsible to pay for my injuries?

The owner of the dog is strictly liable for the injuries caused by the dog. This does not mean that you can provoke the dog. But  it does mean that you do not have to prove that the dog had a vicious nature.

4. Who pays for my injuries?

Although the owner of the dog is liable, his homeowner's insurance will indemnify the dog owner. This means that just like auto-insurance, it pays for your treatment and injuries. This also means, just like auto insurance, you need to make a claim to the insurance company. 

One of the first things you should do is call the dog-owner's homeowners insurance and make a claim. Usually, every homeowners insurance policy includes a medpay - which will pay up to $1000 for your ER visit and treatment. 

5. What if I am bitten by more than one dog?

The Dog Bite law in Utah is different from any other law in Utah because it says owners are severally liable for the injury caused by more than one dog.

This means that if two dogs, each with different owners attack you, you can recover the full amount from EITHER owner. This is important when one owner has homeowner's insurance and the other does not.

6. Can you defend against a vicious dog? If so, are you liable?

By law, you can injure or kill a dog if it is attacking you, or another person. Also, you are justified in killing a dog if it is attacking a domestic animal that has commercial value - like another dog or cat. HOWEVER, you cannot kill the dog if your domestic animal has NO commercial value, regardless how much sentimental value it has.

Also, by law, you are justified in killing a dog that is attacking a hoofed protected wildlife.

7. What about police dogs?

If the police dog has been trained to assist in law enforcement and the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling a public order, then the police are not liable for those injuries. 

If the dog is not being used reasonably or carefully, or if the dog is not being used to actually arrest or track down a criminal, then the police are liable for the injuries caused by the police dog. 

8. Where are Utah's Dog Bite Laws?

Utah's Dog bite laws are enumerated in the Utah Code Title 18.  Happy reading :)

via GIPHY