Legal Question in Personal Injury in Utah
Compensation
Am I entitled to financial compensation for being rear ended in an automobile accident, (not my fault) even though I was not injured?
2 Answers from Attorneys
Re: Compensation
If you have absolutely no injuries, then you are not entitled to any compensation other than your property damage. In Utah, you must exceed $3000 in medical bills before you can sue the other side for damages such as pain and suffering, etc.
Re: Compensation
Utah law provides that any person who is injured is entitled to recover the cost of their medical costs plus other actual losses such as lost wages or property damage. In order to qualify for "pain and suffering" you must show $3000 for medically related expenses, including for psychiatrists if you suffered emotional trauma and required treatment. (For examply, if you saw another person in the accident suffer severe injuries, you may require counselling to deal with the trauma.)
However, if you have not suffered any injuries, then you are not entitled to an award just because you were in the car at the time of the accident.