If you helped contribute to your Utah car accident, then your fault will be compared to that of the other person involved in the crash. Be warned, though, that if your fault is seen as greater than 50 percent, then you do not have a claim under Utah law.

Utah uses a legal concept known as ?comparative negligence.? If there is any evidence that the person bringing the claim was at fault, then the fact finder ? either the judge or jury (or even insurance adjuster) ? will be allowed to compare your fault with the other party or parties involved in your accident. For example, if you were going through an intersection and someone made a left-hand turn into you, the insurance company of the other car may ask the jury or judge to compare the negligence of the turning driver to your alleged negligence.

If the jury or judge decides that you were 10 percent to blame for the Utah accident and the other person was 90 percent at fault, then the amount awarded to you will be reduced by the percentage of fault attributed to you. In this example, the final jury award will be reduced by 10 percent to reflect your fault. So if the jury awarded $100,000, the net award would be reduced by the judge to $90,000.

The apportionment of negligence is for the fact finder ? either a jury or judge, or even arbitrator ? to make. It is not for the insurance adjuster to make. Yet many times insurance adjusters will tell claimants that their fault was equal to that of the other driver, or a 50/50 situation. This is convenient for the insurance company because under Utah law, if you are 50 percent or more at fault, you get nothing. So if an insurance company is telling you that you were at 50 percent at fault, and is refusing to repair or replace your car is refuses to pay anything for medical bills or your pain and suffering, this is a red flag and you should talk to a Utah injury and accident lawyer to discuss the options you have in your case and get their appraisal of the strength of your case.

Don?t be intimidated by the insurance company?s arbitrary apportionment of negligence. Call us or talk to another Utah accident and injury attorney and find out where you really stand. rk