Is Utah a no-fault state? Utah is one of 12 no-fault insurance states. While you must first seek coverage for accident losses through your own insurance policy, there are circumstances that allow for third-party lawsuits.
A Utah car accident lawyer can help you understand all insurance matters and fight to get you the compensation you need.
Utah Is a No-Fault State
It’s important to have an understanding of Utah No-fault insurance coverage so you know who is responsible for providing coverage for your accident-related losses. In a no-fault state, your first source of coverage is your own insurance policy, specifically, your personal injury protection (PIP).
PIP pays for medical bills from car accident injuries, your lost wages, and other expenses, no matter who caused the accident, but that coverage only extends to your policy’s limits. A drawback of no-fault is that policies often fall short of meeting an injured party’s needs.
A benefit of no-fault systems is that they streamline the claims process since there is no need to prove fault. Proponents also say this system helps keep insurance premiums down and is more equitable. Drivers have their own protection after an accident and don’t have to rely on others to cover their expenses.
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Minimum Insurance Requirements for Utah Drivers
Under Utah’s no-fault system, all Utah drivers must carry minimum insurance. Per Utah Code 31A-22-302, drivers must carry PIP and liability for third-party injuries and property damage. Minimum policy amounts are:
- $3,000 for PIP, per Utah Code 31A-33-307
- $25,000 or $30,00 for third-party injuries for one person, contingent upon the date of the policy’s purchase or renewal
- $65,000 for third-party injuries of two or more people
- $15,000 or $25,000 for third-party property damage contingent upon the date of the policy’s purchase or renewal
- $80,000 or $90,000 for total third-party injuries and property damage contingent upon the date of the policy’s purchase or renewal, per Utah Code 31A-22-304
According to the Department of Motor Vehicles (DMV) Vehicle Insurance Requirements, operating a vehicle without insurance can result in suspension of vehicle registration.
It is also a Class B misdemeanor with a $400 fine for a first offense and $1,000 for the second. The DMV can also suspend the offender’s license until proof of insurance is provided.
When Your Accident Losses Require More Compensation
Utah is a no-fault state, but you can still file a third-party claim against other drivers in some situations. This right is critical for those whose accident-related costs and losses push past PIP policy limits. An attorney can determine if your situation warrants filing a claim.
Meeting the Threshold
Per Utah Code 31A-22-309, you can file against a third party if the crash resulted in the loss of a limb, permanent disability, a bone fracture, or disfigurement. You also meet the threshold if your medical expenses exceed $3,000.
Those who lose loved ones in a car accident can file a wrongful death claim against the at-fault party. Successful claims can provide compensation for the loss of the deceased’s income and contribution to the household, loss of affection, and funeral costs.
Meeting Comparative Negligence Requirements
You must also meet the standard set by the Utah comparative negligence law for the opportunity to file a third-party claim. The law bars anyone who is 50% or more at fault for an accident from seeking compensation from a third party. Because Utah is a no-fault state, you can still get coverage up to your PIP policy limits even if you are over 50% or more at fault.
If you hold a smaller percentage of fault, you are eligible to sue, and a Utah car accident attorney can help. You will receive a compensation reduction based on the percentage of fault assigned to you.
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Compensation Amounts Available After a Car Accident
There are two sources of compensation after a car accident. Utah is a no-fault state, so the first is your own PIP insurance. If you meet Utah’s requirements, the second is a third-party claim. The amounts available depend on your policy limits and the specific circumstances of the accident.
PIP Coverage
Up to your policy limits, PIP can provide:
- Partial wage loss, up to $250 per week for up to 52 weeks
- $20 per day for household duties, for up to 365 days
- $3,000 in medical costs
If you require a trip to the emergency room or several weeks of rehabilitative therapy, a $3,000 policy limit is quickly exhausted.
Third-Party Claims
The amount of fault you bear, the severity of your injuries, and other factors determine how much compensation you can recover. Your attorney will evaluate your losses with extreme care, considering the current and future impact of the accident on your finances and quality of life.
Typically, damages from a third-party claim include medical costs and lost wages, plus future care needs and lost earning capacity, if applicable.
They also cover property damage and other accident-related expenses. Compensation also acknowledges your physical and emotional suffering and your diminished enjoyment of life.
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Navigating Utah’s No-Fault System
It’s always best to consult with an attorney after an accident. You may not immediately recognize how significantly your injuries will affect your life and finances. We will review your claim for free and tell you if your PIP is sufficient to cover your needs or if you have grounds for a third-party claim.
A lawyer can also help if your own insurance company tries to deny your PIP coverage. The company could argue your injuries were not caused by the crash, but were pre-existing.
Having a car accident lawyer deal with the insurance company, whether your own or the one representing the at-fault party, can make a major difference for you.
You Deserve Full Compensation for Your Utah Car Accident
Utah is a no-fault state, and we can help you understand how that system applies to you after a car accident. If your accident leaves you with more damages than your PIP covers, Siegfried & Jensen is ready to fight to get you the full compensation you deserve.
Connect with us today to arrange a free case review.
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