What Is Personal Injury Protection Insurance in Utah?

In Utah, one term that frequently arises in the context of car accidents and other motor vehicle injuries is personal injury protection (PIP). 

If you’ve been hurt in a collision, you may have already heard about personal injury protection insurance or wondered how a personal injury protection claim can help cover your medical bills. 

At Craig Swapp & Associates, our Salt Lake City injury lawyers see firsthand how crucial PIP coverage can be for injured individuals, helping them obtain immediate financial assistance without having to wait for a liability determination.

Understanding Personal Injury Protection in Utah

Utah is a no-fault state when it comes to auto insurance, meaning your own insurance coverage, specifically PIP (personal injury protection), is typically responsible for covering certain costs after an accident. In a no-fault system, you first look to your personal injury protection insurance to help pay for immediate medical expenses, lost wages, and other necessary costs, regardless of who caused the crash.

Personal injury protection coverage requirements in Utah are governed by Utah Code Section 31A-22-309. Under this statute, all Utah drivers must carry a minimum amount of PIP coverage as part of their auto insurance policy.

• Minimum PIP Coverage: Utah law generally requires a minimum of $3,000 in PIP benefits per person per accident.
• Basic Expenses Covered: These PIP benefits often include hospital bills, medical treatment, surgery, rehabilitation, and some coverage for lost wages or household services needed because of the injury.
• No-Fault Threshold: In Utah, you typically cannot step outside the no-fault system – meaning you cannot file a lawsuit against the at-fault driver – unless you meet the state’s legal threshold. This threshold involves having at least $3,000 in medical bills or sustaining injuries like disfigurement, dismemberment, or disability.

Coverage of Utah Personal Injury Protection Insurance

Personal injury protection coverage addresses crucial aspects of your recovery by ensuring immediate financial relief for medical costs and daily expenses following a car accident. 

As defined by Utah Code Section 31A-22-309, the minimum required benefits under PIP include:

• Medical Expenses: Coverage of at least $3,000 per individual for necessary medical treatments directly related to accident injuries.
• Lost Wages: Compensation of up to 85% of your gross income, limited to $250 weekly, for injuries that prevent employment.
• Household Assistance: Up to $20 daily to cover essential household tasks hindered due to injuries.
• Funeral Costs: Coverage of up to $1,500 for funeral and burial expenses in the event of an accident-related death.

Additional Insurance Coverage Opportunities

Although Utah law requires a minimum of $3,000 in personal injury protection coverage, Salt Lake City injury lawyers frequently recommend purchasing additional coverage due to the potential for extensive medical expenses following serious accidents. 

Liability Coverage

Just as PIP is mandated for Utah drivers, liability insurance is another compulsory component of an auto policy. While PIP covers your own medical bills in a no-fault system, liability insurance protects other people on the road if you cause an accident. Specifically, it helps pay for injuries or property damage sustained by the other party.

• Bodily Injury Liability: Covers the medical bills, lost wages, and related costs of those injured in a crash you’re legally liable for.
• Property Damage Liability: Pays for damage to other vehicles or property if you are found at fault.

Each state has minimum coverage limits you must carry. In Utah, these typically include specific dollar amounts per injured person, per accident, and for property damage. Many drivers choose to go beyond the legal minimum for better financial protection.

Uninsured/Underinsured Motorist Coverage

Utah law also requires insurers to offer Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, although you can reject them in writing. 

Still, having UM/UIM can be crucial:

• Uninsured Motorist (UM) Coverage: Protects you if you’re involved in an accident with a driver who lacks any liability insurance. UM can help pay medical bills, lost wages, and even pain and suffering in some cases.
• Underinsured Motorist (UIM) Coverage: Kicks in when the at-fault driver’s liability limits are insufficient to cover your total losses. Once their policy maxes out, your UIM can make up the difference, subject to your policy limits.

Because many drivers carry low insurance limits or lapse on their policies altogether, UM/UIM coverage often proves invaluable, especially if you sustain serious injuries.

Collision Insurance

While liability pays for damage to others’ property, collision coverage pays to repair or replace your car if it’s damaged in a crash, whether you collided with another vehicle, hit a stationary object, or even if you’re the only car involved (e.g., hitting a guardrail or a tree).

• Deductibles: Most collision policies come with a deductible, the amount you pay out of pocket before insurance covers the rest.
• Vehicle Value Considerations: If your car is financed or leased, the lender may require you to carry collision coverage. For older, low-value vehicles, some people opt out of collision because the cost of coverage may outweigh the potential payout.

Comprehensive Insurance

Sometimes referred to as “other-than-collision” coverage, comprehensive insurance helps pay to repair or replace your vehicle when it’s damaged by non-accident-related events. 

Examples include:

• Theft or Vandalism
• Fire or Flood
• Hail, Windstorms, or Falling Objects
• Animal Collisions (e.g., hitting a deer)

Like collision coverage, comprehensive typically includes a deductible. If your vehicle is leased or financed, your lender might also require you to carry comprehensive coverage.

Ensuring you have sufficient protection is vital for peace of mind and financial security when life’s unexpected events occur. By carefully evaluating each coverage type, you’ll craft an auto insurance policy that suits both your driving habits and your financial situation.

Is PIP Insurance Required for Motorcycles in Utah

In Utah, personal injury protection is not legally required for motorcycles the way it is for standard passenger vehicles. 

Although they are not required to have PIP on a motorcycle, some insurers may offer optional medical payments coverage or PIP-like riders for motorcyclists. These optional coverages can help pay for medical expenses if they are injured in a motorcycle crash – especially helpful in serious accidents that lead to costly hospital bills.

How Personal Injury Protection Claims Work in Utah

When involved in an auto accident, initiating your personal injury protection claim involves promptly informing your insurance company. Immediate reporting and thorough documentation of injuries are crucial for a successful claim outcome. An injury lawyer in Salt Lake City can offer essential advice on accurately documenting medical expenses and lost income to facilitate an effective claims process.

Steps to Filing a Personal Injury Protection Claim

To ensure your personal injury protection claim is handled efficiently, follow these essential steps:

• Report the Accident: Your first step after an auto accident should be to report it to your own insurance company. Let them know you’ve been in a crash and that you want to initiate a personal injury protection claim. Prompt reporting helps prevent any delays or complications down the line.

• Seek Medical Attention: Obtaining medical attention right after the accident is not only critical for your health; it also documents the severity of your injuries. This medical evidence is essential when filing a personal injury protection claim, as it substantiates the treatments you need and the expenses incurred.

• Gather Documentation: PIP claims rely on solid documentation. Keep copies of medical bills, hospital records, and receipts; proof of lost wages (e.g., pay stubs, employer statements); and any invoices for necessary services you can no longer perform yourself due to the injury. All of these documents will help your insurance company assess the claim quickly and accurately.

• Submit the Required Forms: Your insurance provider will have specific claim forms to fill out. Complete these forms carefully, attach the relevant documentation, and follow up if you don’t receive confirmation that they’ve been received. Any mistake or omission could delay the processing of your personal injury protection claim.

• Consult with a Utah Injury Law Firm: If you’re uncertain about any part of the claims process, or if your PIP coverage is insufficient, you might need to consult a Utah injury law firm for guidance. 

Partnering with a seasoned injury lawyer can streamline the claims process, ensuring accuracy and helping you avoid common pitfalls that might delay or reduce your entitled benefits.

Third-Party Claims After Reaching the PIP Insurance Thresholds

There are specific situations in which the law allows you to pursue a lawsuit directly against the driver responsible for the collision or their insurance provider. Understanding when these exceptions apply is crucial to ensure you recover the full compensation you’re entitled to.

As previously highlighted, Utah statutes permit accident victims to bypass the no-fault insurance restrictions under two primary circumstances:

• If your medical expenses arising from the accident surpass the established threshold of $3,000, you become eligible to take legal action beyond your PIP coverage.
• If the injuries sustained in the collision are classified as serious, such as permanent disability, substantial disfigurement, or significant impairment, you may also step outside the limits of the no-fault guidelines.

Meeting either of these criteria opens the door to seeking broader compensation from the responsible party. This additional compensation may cover non-economic damages, including pain, emotional distress, loss of enjoyment of life, and other similar losses, none of which are reimbursable under the standard PIP coverage. 

Liabilities in Third-Party Claims 

When you meet Utah’s PIP “no-fault” threshold, you are permitted to pursue a third-party claim against those responsible for causing the accident. This is the point at which you can step outside the no-fault system and seek damages beyond what personal injury protection covers.

Here are some common parties who may be held liable in these third-party claims:

• At-Fault Driver: If another motorist’s negligence (e.g., speeding, distracted driving, or DUI) caused your injuries, that individual can be held liable for your medical costs, lost wages, and pain and suffering once you’ve crossed the PIP threshold.
• Employers (Under Vicarious Liability): If the negligent driver was on the job at the time of the collision, the driver’s employer could share liability. Employers are often responsible for damages caused by employees acting within the scope of their employment duties.
• Vehicle Manufacturers: In accidents caused or worsened by faulty brakes, defective tires, or other auto part failures, the company that designed or produced the defective component could be liable under product liability theories.
• Government Entities: If poor road design, inadequate maintenance, or other roadway hazards contributed to your accident, you might have a valid claim against the local or state government. These claims often involve specific procedural rules and shorter time frames for filing.
• Other Third Parties: In multi-vehicle collisions, multiple drivers may each bear a percentage of responsibility.

Once your injuries exceed the no-fault threshold, you can seek additional damages such as pain and suffering, emotional distress, and future medical expenses, none of which are covered by standard PIP insurance. Who can be held liable depends on the specific facts of your accident, including who was negligent and how that negligence contributed to your injuries.

Why You Should Hire an Injury Lawyer in Salt Lake City

Navigating insurance claims and understanding the complexities of personal injury protection laws in Utah can be overwhelming. 

A skilled attorney can:

• Interpret Utah’s No-Fault Laws: Your lawyer will help you identify whether you meet the threshold to pursue additional compensation.
• Negotiate with Insurance Companies: Insurance adjusters may try to minimize payouts. Legal representation ensures you aren’t taken advantage of.
• Handle Legal Deadlines and Paperwork: Missing deadlines or submitting incomplete forms can jeopardize your claim. An attorney will keep your case on track.
• Help You Explore All Avenues of Compensation: Beyond PIP, you might be eligible for damages related to pain and suffering, emotional distress, or future medical costs, especially if your injuries are severe.

If you’re thinking about filing a claim, learn more about why you should hire a personal injury lawyer and how their representation can make the difference in your recovery. At Craig Swapp & Associates, our injury lawyers can significantly enhance your ability to secure full and fair compensation through your personal injury protection claim. 

Take proactive steps immediately to ensure your financial stability and recovery by seeking experienced legal guidance promptly. Call our office today at 800-404-9000 or fill out our contact form for a free consultation.