Legal Question in Personal Injury in Utah

I was in an accident with a pedestrian about 6 months ago. The accident occured when a man walked into the side of the car that I was driving. The man instantly tried to get my information without calling the police, but the police were called and they wrote up an accident report that showed the pedestrian as the negligent party. Just yesterday, I got a letter from Utah's medicaid office holding me personally liable for the expenses accrued as a result of medical treatment for this man's injury. They claim that I did not have the minimum coverage as required by state law, which is absolutely false. My policy number is on the accident report (although it says that my policy expired, which is untrue). I called a woman who works in the office, and she tried to tell me that I hit this man and that, once again, I was uninsured. I gave her my policy number and told her that it's absolutely ridiculous to hold me personally responsible for these damages since I had insurance. She said she had to look further into the case and get back to me. I can't even believe that they can hold my insurance company responsible, much less me personally. It's like they just sent out the letter without even doing any research whatsoever. What are the chances that I will continue to have to fight Utah Medicaid? Can they get into trouble for trying to hold me personally responsible without investigating the case? What do I need to do?


Asked on 2/12/10, 11:42 am

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Get documentation that shows you were insured on the date of the accident. Get a copy of the police report. If there was damage to the vehicle, get photos of the damaged parts. Then continue to fight the medicaid people. Also talk to your insurance agent, they should defend you.

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Answered on 2/17/10, 12:07 pm


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