If you are filing a claim in a Utah small claims court, keep in mind that due to a cost-saving measure, that the filings and hearings will move to city and county justice courts starting September 1, 2010. Some areas of the state, such as Cache County, still require filings to be done in district courts since they don’t have the smaller justice courts there.
Legally, speaking, you don’t need an attorney to bring a case in a Utah small claims court. This includes smaller Utah auto accident cases where no lawyer is required! Small-claims filings are designed to resolve claims valued at less than $10,000. This is the cap, the most that a judge would ever award in a small-claims proceeding.
Recently, small claims actions have gained favor as a way to hold resistant and stingy auto insurance companies responsible in cases where the property damage and injuries are low. It can provide a speedy resolution and can be a good way to hold an obstinate insurance company responsible. Keep in mind, though, that the defendant in such a proceeding can still appeal the ruling. These appeals will be handled by district court judges.
As a Salt Lake personal injury attorney, I would encourage those who are handling their accident case on their own to seek justice if the insurance company is not offering them any through the small-claims court process. Be careful though if you are seeking damages for a wrecked or damaged car and want to settle your personal injury case later. Under the current state of Utah law, your later claim for bodily injury could be extinguished under Utah’s one-action rule which currently requires all claims to be brought at once. This issue is currently being reviewed at the Utah appellate level. Hopefully we’ll see changes that will allow a claimant to get a speedy resolution on their property damage claim and still have the ability to take their time while they treat and/or recover from their injuries so they can make a full claim down the road.






.png)
.png)

.png)
.png)
.png)
.png)
.png)
.png)
.png)
.png)
.png)