Utah is a no-fault state. This classification affects how you seek compensation after an auto accident and the steps you might take if your insurance coverage is not enough to cover your expenses.

Having the right details about Utah no-fault insurance is essential, whether you are filing a claim or preparing to pursue a lawsuit if your costs exceed your coverage. Understanding your obligations and rights under Utah law can help you move forward in a more confident manner. 

If you need guidance about your options, an accident lawyer in Utah at Craig Swapp & Associates can offer assistance and clarify how Utah’s no-fault insurance law might shape your claim.

What’s a No-Fault State?

A no-fault state uses an insurance system where, generally, each driver’s own insurance pays for their medical bills and certain other losses following a vehicle collision, regardless of who caused the accident. The no-fault system aims to reduce legal battles between drivers by limiting many minor injury claims to insurance coverage. Instead of immediately assigning fault and filing lawsuits, injured parties look first to their own policies for compensation.

Under a no-fault insurance system, your policy often includes something called personal injury protection (PIP). PIP helps cover medical bills, lost wages, or other approved costs up to a certain limit. This allows for quicker payouts in many instances, as you do not need to prove the other driver’s negligence to receive coverage for your immediate needs. 

However, once you exceed those limits or meet certain thresholds for injury severity, you may have the option to step outside the no-fault system and file a lawsuit against an at-fault party.

Utah as a No-Fault State 

When a crash happens in Utah, each driver typically looks to their own no-fault insurance coverage first. This system is structured around Utah no-fault insurance requirements, outlined in the state’s laws and regulations. 

Because Utah is a no-fault state, your insurance company covers a portion of your damages up to the limits of your policy without requiring you to establish fault. This arrangement is meant to expedite coverage for expenses like medical bills, lost wages, or necessary replacement services if you cannot complete your usual daily tasks. 

Utah no-fault insurance claims can be relatively straightforward for less severe injuries, but serious collisions can involve costs that exceed basic policy limits. When that happens, you could have grounds to pursue additional compensation directly from the at-fault driver

Utah’s Minimum Auto Insurance Requirements

Drivers in Utah must carry certain types and levels of coverage to comply with state laws. 

While there are additional policies you can add for greater protection, the minimum Utah auto insurance requirements include:

  • Bodily Injury Liability Coverage: At least $25,000 per person and $65,000 per accident if multiple individuals are injured. This coverage can compensate those harmed when you are at fault for a crash. It applies to injuries and related losses they suffer.
  • Property Damage Liability Coverage: At least $15,000 per accident to cover damage you cause to another person’s vehicle or property.
  • Personal Injury Protection (PIP): A minimum of $3,000 in PIP coverage. This PIP component is central to Utah’s no-fault insurance system and covers costs such as medical bills, lost wages, and essential services up to the policy limits.

Since Utah is a no-fault state, if an accident leads to catastrophic injuries, victims may exhaust their PIP coverage quickly. That is why some individuals opt for additional coverage like underinsured or uninsured motorist protection, which can provide added security if the at-fault driver does not have sufficient coverage. 

What Should You Do in a No-Fault State After an Accident?

When you find yourself involved in a traffic collision in a no-fault state like Utah, certain steps can make a significant difference in your safety, well-being, and potential claim. 

Here are some guidelines to keep in mind:

  • Check for Injuries and Seek Medical Attention: If you or anyone else is hurt, call for emergency assistance right away. Even if injuries seem minor, it is wise to undergo a medical evaluation to detect any underlying issues.
  • Alert Authorities: Notify the local police. An official report can be essential evidence if you decide to file a claim under your Utah no-fault insurance or, later, pursue a lawsuit. 
  • Gather Information: Document the scene by taking photos of vehicle damage, road conditions, and any visible injuries. Exchange information with all parties involved, including names, phone numbers, insurance details, and license plate numbers.
  • Notify Your Insurer: Report the collision to your insurance company as soon as possible. Since Utah is a no-fault state, your policy plays a significant role in covering initial costs. Cooperate with any requests for details but be cautious when speaking to other insurers, as their objectives might differ from yours.
  • Consult with a Utah Auto Accident Lawyer: Even though you file a claim with your own insurer first in a no-fault state, you might still have questions about compensation or the possibility of filing a lawsuit. A legal professional can review the situation and clarify the implications of no-fault insurance in your case.

Staying calm and systematic after a collision can help preserve your rights. Following these recommendations provides a foundation for dealing with insurance companies and medical expenses in Utah’s no-fault framework.

How Do You File an Insurance Claim After the Accident?

Filing an insurance claim in a no-fault state like Utah usually starts with contacting your own insurer. 

The steps for handling a Utah auto insurance claim include:

  • Initial Notification: Call your insurance provider’s claim department right away. Offer a concise overview of the accident; where it happened, when it happened, and the vehicles involved.
  • Claim Investigation: Expect your insurer to initiate an investigation to verify the details. They might request an accident report from the police, photos from the scene, witness statements, and additional documentation such as medical records or repair quotes.
  • Provide Medical Records: Since your PIP policy should cover immediate medical costs, your insurance company might ask for documentation of the treatments you received or are undergoing. Keep copies of medical bills, treatment plans, and other relevant records to ensure accurate reimbursement.
  • Track Other Expenses: If you need to hire someone to handle tasks you cannot perform due to your injuries, maintain receipts and documentation. PIP might cover some of these expenses.
  • Settlement or Coverage Determination: After reviewing your claim, the insurer decides on coverage eligibility and the amount they will pay. If you feel their offer does not reflect what you are owed, you can negotiate, submit additional evidence, or seek guidance from an accident lawyer in Utah.

Since Utah is a no-fault state, you typically use your own PIP coverage first. If your injuries exceed the threshold set by Utah no-fault insurance law, you might file a claim against the at-fault driver’s liability coverage. Having thorough records and a clear timeline of events can help your claim proceed more smoothly.

What if You Reached the Maximum Coverage in Your Insurance? 

If you still have remaining costs after filing an insurance claim after an auto accident in Utah, you may file a lawsuit against the at-fault driver. 

While Utah is a no-fault state, not all collisions stop with PIP coverage. Utah’s no-fault system has a threshold for claiming further damages through litigation. Specifically, if your injuries or expenses surpass the limits of your PIP benefits, or if you sustain a certain level of injury defined by Utah no-fault insurance law – you could have the right to pursue additional compensation from the responsible party.

Examples of scenarios in which you might exceed your policy coverage include extensive hospital stays, prolonged rehabilitation, or permanent impairment. In those cases, you may be eligible to recover damages for pain and suffering, ongoing medical expenses, lost earning capacity, and other losses.

If you believe your situation meets Utah’s conditions for stepping outside the no-fault framework, it can be beneficial to discuss the matter with auto accident lawyers in Utah who know the procedures for filing a lawsuit. They can identify whether your case meets the legal criteria for additional compensation beyond what your PIP coverage can pay.

How Do You File a Lawsuit After a Car Accident in Utah?

Moving forward with legal action in a no-fault state requires you to meet specific conditions related to injury severity or costs. 

When you decide to file a lawsuit following a car accident in Utah, you generally take these steps:

  • Assess Eligibility to Sue: Verify that you meet Utah’s threshold for injuries or expenses that allow you to bring a claim against another driver. This can involve substantial medical bills, severe bodily harm, or permanent disability.
  • Obtain Legal Advice: Even though you first rely on Utah no-fault insurance, filing a lawsuit is a more formal step. Consulting an experienced Utah auto accident lawyer can help you comply with important deadlines and determine the value of your case. Your attorney can also help gather evidence to prove the other driver’s fault and highlight the financial and non-financial damages you have endured.
  • Investigation and Evidence Collection: Evidence often includes medical records, accident reports, eyewitness accounts, and expert assessments of your injuries. Your lawyer may also consult accident reconstruction specialists or gather testimony from healthcare professionals about your long-term prognosis.
  • File a Complaint: You will need to draft a legal complaint that states the facts of the case, the parties involved, and the damages you seek. This complaint is filed in the appropriate Utah court and served on the at-fault driver.
  • Negotiations and Court Proceedings: In many instances, defendants and their insurers may try to reach a settlement before going to trial. If a settlement cannot be reached, both parties present their evidence in court, and a judge or jury decides the outcome.

Filing a lawsuit in a no-fault state like Utah can seem daunting if you are already dealing with medical issues and vehicle damage. However, if you surpass the minimum thresholds allowed by law, a suit may be your best route to recover comprehensive damages.

Utah Statute of Limitations for Car Accident Claims

Utah tort law sets specific timeframes, referred to as statutes of limitations, for filing a car accident lawsuit. Under Utah Code §78B-2-307, most personal injury claims, including those arising from vehicle collisions, must be initiated within 4 years from the date of the incident. This timeframe applies to cases involving bodily harm.

Missing this deadline usually means losing the right to seek compensation. For that reason, it is essential to keep track of critical dates and consult with auto accident lawyers in Utah if you suspect your case might require legal action. 

While four years may sound like plenty of time, the investigative process, negotiations, and insurance claims can be time-consuming. Beginning early helps you gather the strongest possible evidence and meet every legal requirement.

If your accident resulted in a fatality, a wrongful death case could have a different deadline. Seeking advice from an accident lawyer in Utah can clarify which timeline applies.

Our Auto Accident Lawyer Can Guide You in Utah’s No-Fault System

Because Utah is a no-fault state, you may run into situations where your own insurance covers you initially, but your total losses outstrip your policy limits. In those instances, pursuing a lawsuit against the at-fault driver might be the next logical step. An experienced Utah auto accident lawyer can examine the facts of the accident, calculate damages, and advise you on how to proceed under Utah no-fault insurance regulations.

When you need help determining liability or maximizing your compensation, an accident lawyer understands how to navigate Utah’s no-fault insurance law. They can also outline your long-term medical, financial, and emotional needs when negotiating with insurers or presenting a case in court. 

For a clearer path forward, reach out to Craig Swapp & Associates – “One call, that’s all!” 

The right legal support may make all the difference when bills are piling up and you need every avenue of relief available. Learn how you can uphold your rights – dial 866-308-3626 or fill out our contact form for a free consultation.

Written By: Ryan Swapp     Legal Review By: Craig Swapp