What If I Was Partly at Fault for a Utah Car Accident?
Being partly at fault doesn’t automatically end your claim in Utah. Here’s the rule — and why insurers try to bend it.
General information, not legal advice.
Utah’s modified comparative fault rule
Utah follows modified comparative fault: you can recover damages as long as you were less than 50% at fault, and your recovery is reduced by your percentage of fault. If your damages are $100,000 and you’re found 20% at fault, you recover $80,000. But if you’re found 50% or more at fault, you recover nothing — which is why the percentage matters so much.
Why the fault percentage is a battleground
Because every percentage point shifts real money — and 50% erases the claim entirely — insurers work hard to assign you as much fault as possible. They may lean on your own words, an incomplete police report, or a quick recorded statement. This is exactly why you shouldn’t admit fault at the scene or guess about what happened to an adjuster.
How fault actually gets proven
Fault isn’t decided by the insurer’s opinion. Police reports, photos, witness statements, dashcam or surveillance footage, and sometimes accident reconstruction establish what actually happened. An attorney gathers that evidence and pushes back when an insurer tries to inflate your share — often the difference between a reduced recovery and none at all.
Key takeaways
- You can recover in Utah if you were less than 50% at fault.
- Your recovery is reduced by your percentage of fault; at 50% it’s barred entirely.
- Insurers push to inflate your fault because it directly cuts what they pay.
- Evidence — not the adjuster’s opinion — decides fault; a lawyer protects your share.
Frequently asked questions
Can I still get compensation if I was partly at fault in Utah?
The insurance company says the accident was my fault. Are they right?
Hurt in a Utah crash? A free case review takes about a minute — no fee unless you win.
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