What Happens If the Person at Fault in an Accident Has No Insurance in Utah?

Utah operates a "No-fault" auto insurance system. Under this system, drivers must carry Personal Injury Protection (PIP) coverage. Generally, insurance providers cover medical and other related financial expenses—up to a specified limit—that drivers with PIP coverage experience from a car accident, regardless of who caused it. However, PIP does not cover property damages, medical expenses over $3,000, death, or serious bodily injury per Utah Code § 31A-22-309 that result from the accident.

Uninsured drivers, on the other hand, do not receive the medical and financial compensation that PIP coverage offers. As a result, they are solely responsible for any medical expenses resulting from an accident, regardless of who was at fault. Additionally, if the uninsured driver was at fault, the other party can take legal action against them for property damage, vehicle loss, and other costs not covered by their PIP. Driving without insurance may also lead to penalties under laws governing Utah traffic violations and infractions, including license suspension, vehicle impoundment, and hefty fines.

Is It Illegal To Drive Without Insurance In Utah?

Yes. Utah Code § 31A-22-302 requires motorists to carry no-fault, bodily injury, and property damage liability coverage on all their vehicles in Utah. They must also carry proof of these coverages and present them to law enforcement officers when requested. Motorists who fail to insure their vehicles may face the following penalties:

• Driver's license suspension
• Suspension of the uninsured vehicle's registration
• SR-22 insurance requirement for license reinstatement
• Class B misdemeanor charge(s) for failing to provide insurance or operator security

What Is the Minimum Insurance Requirement in Utah?

According to Utah Code § 31A-22-304, the minimum liability insurance requirement includes the following:

• $25,000 per person for bodily injury
• $65,000 per accident for bodily injury
• $15,000 per accident for property
• $3,000 PIP coverage

Under Utah law, uninsured/underinsured motorist (UM/UIM) and MedPay coverages are optional. However, insurance providers must offer these coverages as add-ons to their customers' policies.

What To Do After A Car Accident With an Uninsured Driver in Utah

The following are steps motorists can take after an accident with an uninsured driver in Utah to protect their right to proper compensation and prevent unnecessary delays.

• Step 1: Contact the local law enforcement agency and file a police report

Utah Code § 41-6a-402 states that motorists involved in an accident resulting in injury, death, or property damage exceeding $2,500 must report the incident to the appropriate authorities within 10 days. If the accident occurs within a city, motorists can contact the local police department of that municipality. Conversely, they can contact the nearest county sheriff's office or the Utah Highway Patrol for accidents in unincorporated areas. A police report documenting the incident will then be created. This report is usually required when filing future claims or lawsuits.

• Step 2: Gather and document evidence

These include taking photos and videos of the accident scene, vehicle damage, and visible injuries. These can help to bolster a motorist's case in future claims or lawsuits.

• Step 3: Notify insurance provider

Motorists must report all accidents they are involved in to their insurance provider. If an insurance provider is notified, they may revoke their coverage.

• Step 4: Consider filing an insurance claim or a lawsuit against the uninsured driver

If a motorist has uninsured motorist (UM) coverage, they can file a claim with their insurance provider for medical and other relevant expenses that their policy covers. Alternatively, they can consult a licensed attorney to consider different ways of seeking compensation, such as filing a lawsuit against the uninsured driver.

What Happens If You Have No Insurance But The Other Driver Was At Fault?

In Utah, driving without minimum insurance coverage is illegal. As a result, motorists can face various penalties for being in an accident without insurance, no matter who is at fault. For example, they may be fined at least $400 (for their first offense) for driving uninsured and up to $1,000 for subsequent violations. Their license might also be suspended for up to a year, insurance companies may label them as high-risk drivers, and their vehicle could be impounded. However, not having insurance does not prevent motorists from pursuing compensation by filing a personal injury claim against the at-fault driver for injuries and property damage.

Can I Sue an Uninsured Driver in Utah?

Yes. However, Utah's no-fault auto insurance system streamlines the process of getting compensation for an accident, since insured drivers can depend on their own insurance policy regardless of who caused the accident. Nonetheless, insurance policies often have a threshold, and once it is exceeded, other options, like filing a personal injury lawsuit against an uninsured driver, may be considered.

Will My Insurance Cover Me If the At-Fault Driver Has No Insurance in Utah?

Yes. Utah is a no-fault state. As a result, drivers must have $3,000 in Personal Injury Protection (PIP) coverage, which covers medical expenses for injuries a driver may sustain in an accident caused by themselves or another driver. If medical expenses exceed $3,000 or other PIP limits, or if additional compensation is needed, drivers can depend on optional policies they might have purchased—such as uninsured motorist (UM) coverage.

What Is Uninsured Motorist Coverage in Utah?

In Utah, uninsured motorist (UM) coverage is optional. UM coverage offers compensation for medical bills, income loss, and other related expenses up to the policy's limit that a policyholder may incur due to an accident caused by an uninsured motorist or in a hit-and-run situation. Utah Code § 31A-22-305 governs UM coverage and requires insurers to offer it to their customers. If a driver chooses to waive the offered UM coverage, they must do so in writing.

What If I Don't Have Uninsured Motorist Coverage in Utah?

Individuals without uninsured motorist (UM) coverage may explore the following options to seek compensation after an accident caused by an uninsured driver.

• Review personal injury protection (PIP) coverage: Under Utah law, all drivers must have PIP coverage, which provides up to $3,000 for medical expenses resulting from an accident. Insurers are required to pay this compensation to PIP coverage policyholders involved in an accident, regardless of who was at fault.
• File a personal injury lawsuit: If the compensation from a motorist's insurance policy is insufficient to cover the expenses caused by an accident, they can file a personal injury lawsuit against the at-fault driver for additional compensation. They can file the lawsuit in a Utah District Court. However, they must file the claim in a Utah Justice court if it is worth $15,000 or less. It is advised to run a credit and asset check on uninsured motorists before filing a lawsuit to ensure they can satisfy a favorable judgment.
• Enforce judgment: if a judgment is issued against an uninsured motorist who refuses to pay, the judgment creditor can petition a court to set up a payment plan. This may lead to liens on the defendant's property or the freezing of their investments, bank accounts, and other assets to enforce payment of the judgment.

How Do I Get Compensation from an Uninsured Driver in Utah?

Due to Utah's no-fault insurance system, motorists can get medical expenses compensation from their insurer for injuries sustained in an accident, provided they have personal injury protection (PIP) coverage. However, suppose a motorist's medical or other financial expenses exceed their PIP coverage threshold or any applicable policy limits. In that case, they may seek additional compensation by filing a personal injury lawsuit against the uninsured driver.

Depending on the specifics of a case, a plaintiff can file a lawsuit against an uninsured driver in Utah either with the Justice Court or the District Court in the county where the accident occurred. The Justice Court handles small claims up to $15,000, while the District Court manages all other claims. The plaintiff can complete an affidavit, file it with the Justice Court clerk, and pay the required filing fees for small claims. The clerk will set a hearing, usually within two months. The plaintiff must hire a sheriff, constable, or licensed server to serve the defendant with the summons and other legal papers. The defendant has 21 days to respond, or they risk losing by default. District Court filing procedures are similar but more complex, with higher fees and governed by URCP Rule 4. During the hearing, both sides will be given the chance to provide evidence to support their claims and arguments. If the plaintiff wins, the judge will issue a judgment for the amount requested in the affidavit or complaint.

How Much Can You Recover From an Uninsured At-Fault Driver in Utah?

Utah has no statutory limitations on how much can be recovered from an uninsured at-fault driver in a lawsuit. However, the defendant's financial situation (i.e., the availability of assets, properties, income, and other financial obligations they owe) can affect the plaintiff's recovery process. Nonetheless, civil judgments are subject to post-judgment interests per Utah Code § 15-1-4. It is worth noting that the maximum amount that can be recovered from an uninsured at-fault driver in cases handled by a Utah Justice Court is $15,000.

How To Find Out If the At-Fault Driver Has Insurance in Utah

In Utah, an individual can find out if the at-fault driver in an accident has insurance by obtaining the traffic accident report detailing the incident. These reports typically contain insurance information about parties involved in the accident, noted by the responding officer. However, access to traffic accident reports is limited to only individuals involved in the accident according to Utah Code § 41-6a-404.

An insured motorist can also ask their insurance company to investigate and determine if the at-fault driver has insurance. If the case proceeds to litigation, information about any insurance policies held by either party is typically revealed during the discovery process.

Are Accidents Public Record in Utah?

Unless prohibited by law or a court order, accident-related court records are public under UCJA 4-202.02(2) and the Utah Government Records Access and Management Act (GRAMA). However, traffic accident reports maintained by law enforcement agencies and Utah's Department of Public Safety (DPS) are protected by Utah Code § 41-6a-404. They are only accessible to parties involved in the accident.

Can You Go to Jail for Causing an Accident Without Insurance in Utah?

No. According to Utah Code § 41-12a-302, operating a vehicle without insurance is a class C misdemeanor, punishable by a $400 fine for the first offense and a $1000 fine for subsequent offenses within three years. Meanwhile, providing false evidence of insurance is classified as a class B misdemeanor, punishable by fines, license suspension, and other penalties under Utah Code § 41-12a-303.3.

Can You Settle With an Uninsured Driver Out of Court in Utah?

Yes. Provided the involved parties agree to the terms of a settlement, they can settle out of court. This usually leads to quicker resolutions compared to litigation. Written settlements are legally binding and enforceable under Utah's State Settlement Agreement Act.

Can I Get Compensation If I Was Partially at Fault?

Utah follows modified comparative negligence laws under Utah Code § 78B-5-818. The state uses a 50% bar on comparative negligence. This implies that plaintiffs who are found to be more than 50% at fault for the damages cannot recover damages. However, plaintiffs who are ruled to be less than 50% at fault may receive reduced damages.