How West Injury Law Negotiates With Insurance Companies
Short answer: Once you sign with West Injury Law, the insurance companies deal with us, not you. We collect the records, bills and proof of lost income, pin down who was at fault, find every policy that could pay, and send a written demand that an attorney has reviewed and approved. Counteroffers get answered in writing with evidence. If the carrier will not reach a fair number, the case gets filed before the deadline runs. Whether to settle is always your decision.
Why we describe the process in detail
Many people who call us have been going back and forth with an adjuster for weeks and want to know what a lawyer would actually do differently. Here it is, one stage at a time. It is a description of process, not a promise about any result; every claim turns on its own facts and its own insurance.
Stage 1: An attorney reviews the case at intake
Every case that comes into the firm is reviewed by an attorney at the start. That first look sorts out the questions that shape everything later: who may be responsible, which insurance policies are in play, whether a government entity is involved (which starts a much shorter clock), and whether anything needs to be preserved right away, such as surveillance video or a damaged vehicle.
Stage 2: We take over every conversation with the insurers
From the day you sign, the firm handles all communication with the insurance companies. That includes the at-fault driver's liability carrier and your own insurer. The carriers are told you are represented, and contact goes through the firm.
You stop fielding calls while you recover, and nothing said casually to an adjuster gets quoted back later. If one calls anyway, give them our number. Our article on recorded statements to the other driver's insurer explains why that early call is worth avoiding.
Stage 3: Your own coverage gets used first
Utah requires personal injury protection (PIP) on auto policies. It pays at least $3,000 in medical expenses per person and, for lost income, the lesser of $250 a week or 85% of gross income lost, for up to 52 weeks (Utah Code 31A-22-307). Opening it early keeps providers paid while the larger claim is built. See is Utah a no-fault state.
Stage 4: We assemble the proof of loss
An insurer pays on what it can verify. So the file is built from documents, not descriptions:
- Medical records and itemized bills from every provider, from the ambulance forward, including imaging and any referral for future treatment.
- Wage documentation: pay stubs, a letter from the employer confirming missed time, tax returns for self-employed clients, and anything showing lost hours or a lost promotion. PIP covers only part of lost income, so the rest belongs in the claim. Our guide to lost wages after an accident covers the details.
- How the injury changed daily life: statements from family or coworkers, photos over time, and your own notes.
Stage 5: We build the liability case
An offer reflects the carrier's view of fault as much as the injuries. Utah uses modified comparative fault: your recovery is reduced by your share of fault, and you can recover from a defendant only if that defendant's fault exceeds yours (Utah Code 78B-5-818). If an adjuster can pin even a modest share on you, the number drops. The crash report, scene and vehicle photos, witness contact information, and any camera footage are how that argument gets answered.
Stage 6: We find the coverage
The at-fault driver's liability policy is only one source. Utah's minimum bodily injury limit for policies issued or renewed on or after January 1, 2025 is $30,000 per person (Utah Code 31A-22-304). Underinsured motorist coverage on your own policy is added on top of the at-fault driver's limits rather than reduced by them (Utah Code 31A-22-305.3(3)(k)(ii)). More on that in stacking insurance coverage in Utah and underinsured motorist claims.
Stage 7: The demand, approved by an attorney
When treatment is finished, or your doctors can say what future care you will need, the file becomes a written demand: what happened, why the other driver is responsible, the injuries, the costs, and the amount requested. An attorney approves every demand before it goes out.
If the demand asks for the at-fault driver's full policy limits, Utah law now dictates its minimum contents. S.B. 74 from the 2026 session, effective May 6, 2026, created Utah Code 31A-22-323. A policy-limit demand must include "reasonably sufficient information to allow a reasonable liability insurance carrier to evaluate the claim," including a description of the incident, injuries, liability basis and damages, copies of the medical records and bills supporting the medical damages, and support for any other economic damages. It must give the carrier "no less than 30 days to accept or reject." The statute also says a claimant is not required to include expert reports or attorney work product. Our page on policy-limits demands explains when that kind of demand makes sense.
Stage 8: Answering counteroffers
The first response to a demand is usually a counteroffer, often well below the request. We do not answer it with a round number. We answer it with the reasons: which bills the adjuster left out, what the records say about future care, why the fault argument does not hold, what the wage documents show. Everything goes in writing, so the file shows exactly what the carrier was told and when. Our page on how adjusters value an injury claim goes through what those numbers are usually built on, and the lowball offer checklist lists the questions we ask about any offer.
Stage 9: The decision to settle is yours
Utah's Rules of Professional Conduct are explicit: "A lawyer shall abide by a client's decision whether to settle a matter" (Utah Rule of Professional Conduct 1.2(a)). We give you our view of an offer, and an attorney approves every settlement the firm recommends, but no offer is accepted or rejected without you. Before you decide, you should know what you would actually receive after fees, case costs, and any liens. See medical liens after an accident. If you are weighing an early offer on your own, start with should you accept the first offer.
When we recommend settling early, and when we do not
Our general approach is straightforward. We usually recommend settling early in only two situations: when the insurer offers the full policy limits, or when the case could never be worth anything close to those limits. Outside those situations, we generally prefer to move the case toward litigation rather than keep trading numbers with an adjuster who has no reason to move. In our cases so far, no insurer's offer has gone down after we filed suit, but every case is different, and past results do not guarantee future outcomes.
That is a recommendation, not a rule you are bound by. You always make the final call, and if you want to settle, the firm settles.
Stage 10: When negotiation stops and a lawsuit starts
If the carrier will not move to a fair number, the next step is filing suit, and the deadline controls the timing, not the adjuster's schedule.
| Situation | Deadline | Source |
|---|---|---|
| Most personal injury claims | 4 years | 78B-2-307(4) |
| Wrongful death | 2 years | 78B-2-304(3) |
| Notice of claim against a government entity or employee | 1 year after the claim arises | 63G-7-402 |
The 2026 statute adds a step in one situation. If a limits demand is declined and the claimant or the claimant's lawyer chooses to write directly to an unrepresented at-fault driver before suing, that letter has required contents, and unless needed to preserve the claimant's rights, suit cannot be filed until 45 days after the driver receives it (31A-22-323(2)). The full sequence of a filed case is in steps in a Utah personal injury case.
Common questions
Will I ever have to talk to the adjuster myself?
Not after you sign. The firm handles all communication with the insurance companies. You may still need to cooperate with your own insurer under your policy, for example by signing forms or attending an exam the policy requires, and we will tell you what the policy asks of you.
Can the firm settle my case without my approval?
No. Under Rule 1.2(a) the decision whether to settle belongs to the client. We advise; you decide.
How long does negotiation take?
It depends mostly on when treatment ends, because a claim cannot be valued fairly before then. A limits demand under the 2026 statute must give the carrier at least 30 days. Our article on how long a settlement takes covers typical timelines.
What does it cost?
The fee is one-third of the recovery. The firm advances case costs, which are repaid from the recovery. You pay nothing up front, and no attorney fees unless we win. Details are in how much a personal injury lawyer costs in Utah.
Talk to our legal team
If an insurer is calling you, or an offer is sitting on your kitchen table, call (801) 921-5134 or send us your case. You pay nothing up front, and no attorney fees unless we win.
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