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Yes, passengers injured in car accidents in St. George, Utah, have the legal right to file claims for compensation. Whether riding in a private vehicle, taxi, rideshare, or public transit, passengers are generally not considered at fault and are entitled to seek damages for their injuries.
These claims may be filed against one or more liable drivers depending on the facts of the crash. For many injured passengers, this means filing a car accident claim against the insurance provider of the at-fault driver, even if that driver was operating the vehicle they were riding in.
If you were hurt as a passenger in a vehicle crash, our St. George car accident lawyer at Craig Swapp & Associates can help you determine your options, especially in complex cases involving multiple drivers, family vehicles, or uninsured motorists.
Utah follows a no-fault system under its personal injury protection (PIP) insurance laws. This means that, regardless of who caused the accident, an injured passenger is generally first covered by PIP benefits from the vehicle they were riding in.
Under Utah Code § 31A-22-307, all drivers are required to carry a minimum of $3,000 in PIP coverage, which pays for:
As a passenger, you can usually file for these benefits under the car owner’s insurance policy, even if you’re not related to the driver or don’t personally hold a policy. In some cases, you may also be covered under your own auto insurance policy if you have one.
It’s important to note that PIP coverage is limited and does not compensate for pain and suffering or other noneconomic damages. For that, you must pursue a liability claim against the at-fault party.
Liability in a car accident claim as a passenger in St. George depends on who caused the crash.
Possible parties include:
If you’re injured while riding as a passenger in a car driven by a family member, you may still have the right to pursue a claim. However, many insurance policies in Utah include “intrafamily exclusions,” which may prevent you from recovering damages from the policy of a household family member. These clauses are often complex and vary by insurer, so it’s essential to consult with car accident lawyers in St. George, Utah, who can interpret the policy language and fight for your rightful compensation.
When a crash results in injuries beyond what PIP covers, passengers can step outside Utah’s no-fault system and pursue a claim against the at-fault driver’s liability insurance if their injuries meet the state’s threshold requirements.
Passengers injured in a car accident have two main insurance options, depending on who is at fault:
If the person operating the car you were riding in caused the crash, you can file a claim through their liability insurance.
Utah law requires drivers to carry minimum liability limits of:
If your medical expenses and losses exceed these limits, you may need to pursue other insurance avenues or file a lawsuit.
If another driver caused the crash, you can file a claim against that person’s auto liability insurance. You will need to show that this driver was negligent (e.g., violating traffic laws, distracted driving, or failing to yield). Your attorney can help gather evidence, such as police reports, eyewitness testimony, surveillance footage, and accident reconstruction data, to support your claim.
Passengers can pursue both drivers if fault is shared. Utah follows a modified comparative negligence rule, which means that an injured party can still recover damages as long as they are less than 50% responsible for the accident. For passengers, this typically isn’t an issue unless their actions contributed directly to the crash, such as grabbing the wheel or distracting the driver.
If you’re a passenger injured in a crash caused by a driver without insurance or in a hit-and-run accident, you still have options: uninsured motorist and underinsured motorist coverage.
Uninsured motorist coverage can compensate you when the at-fault driver has no insurance or cannot be identified. UM coverage is optional in Utah, but many auto policies include it by default. If the vehicle you were riding in has UM coverage, you may be able to file a claim under that policy.
If the at-fault driver’s liability insurance doesn’t cover all your losses, underinsured motorist coverage may help. Like UM, UIM is not required by Utah law but is commonly included in policies. This type of coverage can bridge the gap between the damages you’re entitled to and what the negligent driver’s insurance can actually pay.
A car accident lawyer can review all available insurance policies to identify where coverage exists and help with filing and negotiating your claim.
You have the right to be compensated for your injuries as a passenger, whether the at-fault party was your driver, another vehicle operator, or even someone close to you. Utah personal injury law gives you the opportunity to seek payment for your losses, especially when your injuries are serious and go beyond PIP benefits.
Working with Craig Swapp & Associates can help you understand your rights and avoid delays or denials from insurance companies. Our legal team operates on a no-win-no-fee basis; you don’t pay unless we win for you.
Call us at 866-316-5293 or send us a message about your case by answering our online form here to schedule your free consultation.
Written By: Ryan Swapp Legal Review By: Craig Swapp