Utah Accidents

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What evidence do I need when Utah insurance blames my old back injury?

The part most people miss: you do not have to prove you had a perfect back before the crash. In Utah, you need evidence that the wreck aggravated a pre-existing condition, not that it created a brand-new one. The strongest proof is a before-and-after record: prior imaging or treatment notes showing your baseline, then post-crash records showing a clear change in pain, function, medication use, work limits, or new findings. Get the police report, crash photos, vehicle damage photos, witness names, ER records, ambulance records, and follow-up records tied to the same symptoms. If you were treated at Intermountain Medical Center in Murray or another Salt Lake County provider after a West Valley City winter crash, make sure your chart says the collision worsened your condition and explains how. Save texts from the adjuster, especially requests for a recorded statement or broad medical releases. Those are often used to fish for old complaints and lowball you.

Why this matters: insurers love the "you were already hurt" argument because juries understand back pain is common. Their trick is to act like any old MRI defeats your claim. It does not.

What helps most:

  • Records from before the crash showing you were working, driving, sleeping, or exercising at a higher level
  • Records from after the crash showing reduced range of motion, new radicular symptoms, missed work, new prescriptions, injections, or therapy
  • A doctor's note using plain language like "aggravation of pre-existing lumbar condition"
  • A symptom diary starting right after the wreck
  • Proof of winter conditions: photos of black ice, snow, salt, or reduced visibility on roads like Bangerter Highway or I-215

Do not assume the "friendly" adjuster needs a recorded statement from you. The other driver's insurer usually does not. And do not sign a blanket release for your entire medical history. Utah drivers also usually have PIP coverage with at least $3,000 in medical benefits through their own policy, which can pay early bills while fault is disputed. For a lawsuit, Utah's general injury deadline is usually 4 years from the crash, but evidence gets weaker long before that.

by Wendy Shamo on 2026-03-26

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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