By Kit Yona, M.A. | Legally reviewed by Amber Sheppard, Esq. | Last reviewed September 29, 2024
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Losing access to a car is more than an inconvenience to many people. Automobiles are a critical part of our lives.
The aftermath of an accident can bring up questions you might not be ready for. How quickly can I get my car back? Who is going to pay for the damages? If I get injured in a car crash, who will cover my medical expenses?
Knowing what to expect and what to do after an auto accident can make your life much easier.
Learn about your legal responsibilities after a crash in Utah, what you should try to do at the accident scene, how to begin the insurance claim process, and what damages you can seek.
Read on to learn what you need to know about car accident compensation laws in Utah.
While many driving laws are similar from state to state, several in Utah are unique. Awareness of them will help reduce confusion and complications after an accident. Let's examine some of the most important ones in Utah.
After an accident, it's normal to want to know who caused the crash. If someone caused the wreck, it seems only fair that they should pay for the damage.
In Utah, it's more complicated. Utah is a no-fault state, meaning your insurance will cover your medical treatments and accident-related injuries you've suffered, at least to start. You may be able to collect from an at-fault driver if your case meets certain conditions.
Utah also follows the modified comparative negligence rule. You can't recover any damages if you're the driver who is more than 50% responsible for causing the accident. Suppose you're less than 50% responsible. In that case, you're eligible for damages. These damages get reduced by the amount you were at fault.
What does that mean? Let's say your damages are $8,000. You were 25% responsible for causing the accident. You would receive $6,000 (25% of $8,000 is $2,000, so $8,000 - $2,000 = $6,000).
The laws affecting recovery after an auto accident in the state of Utah can be frustrating. If you're having difficulty, you aren't alone. Consider talking to a Utah car accident lawyer for legal advice.
If you're going to drive in Utah, you must have a certain amount of liability insurance.
First, you must carry at least $3,000 of personal injury protection (PIP). This covers your medical expenses and those of others injured while in your vehicle. If your injuries keep you from working or performing certain tasks that you normally can, PIP will cover some of the expenses.
Suppose you exhaust your PIP limit. And another driver is at fault in your accident.
In that case, you can seek relief despite Utah's no-fault laws if:
In these instances, you can file a third-party insurance claim against their insurance company or a personal injury suit. Your insurance company will likely file a subrogation claim against the at-fault driver's insurance company for reimbursement of your PIP costs.
For personal injury and property damage, you must have the following minimum liability coverage in Utah if your policy began or renewed through Dec. 31, 2024:
For policies renewed or created after Jan. 1, 2025, the new minimums for auto liability coverage will be:
While these are the minimums required in Utah, you can pay higher premiums to have more coverage. You may also add optional types of coverage like collision insurance and comprehensive coverage insurance.
Utah has an active policy in place to reduce the absolute nightmare of being in an accident with an uninsured driver. The Utah DMV has partnered with Insure-Rite. This company crosschecks insurance information and vehicle registrations, informing the DMV of non-insured vehicles. The DMV revokes the vehicle's registration and alerts the driver.
FindLaw's Utah Car Accident Settlement Process and Timeline article offers a step-by-step breakdown of the insurance claim procedure.
As disorienting as the moments following impact may be, you have certain legal responsibilities after an accident in Utah. Try to take a deep breath before doing anything.
Check everyone involved for injuries, including yourself. If necessary, offer first aid. If there are any serious injuries, call 911 and alert the operator to the severity of the wounds.
No matter how minor the accident may seem, don't leave the accident scene. Exchange information with the other driver(s). Alert law enforcement if any of the following conditions apply:
It can be difficult to estimate the amount of property damage. When in doubt, request that the police show up.
Take pictures of the accident scene from different viewpoints. If possible, move the vehicle to a safer location.
Exchange information with the other driver(s), including:
If you have the opportunity, alert your insurance company from the scene. This can help speed up the insurance claim process. If there are any witnesses, get their contact information and a statement.
If you're hurt, get medical treatment. Try to keep copies of all medical bills for your PIP claims. Consider consulting a personal injury attorney familiar with seeking damages under Utah car accident laws if your injuries are serious.
Local law enforcement will come after you've called to take control of the scene and write the accident report. Be helpful and honest with them.
Suppose the police choose not to write an accident report or aren't summoned. In that case, you must file one with the Utah Department of Public Safety within 10 days of the crash.
The investigating officer gathers objective data for the police report and takes statements from drivers, passengers, and witnesses. FindLaw's Utah Car Accident Report Basics article offers a detailed examination of this important document.
You'll need the accident report for your insurance claim and any attempts to recover damages. Copies are available for $5 on the Utah Department of Public Safety website.
The table below gives a brief recap of Utah's car accident compensation laws, along with more information, including time limits, limits on damages, and more.
| Utah statutes of limitations |
|
|---|---|
Limits on damages |
|
Other limits |
Modified Comparative Negligence (Utah Code § 78B-5-818) |
Note: State laws are subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.
There are countless nuances to each accident case, but there are also many shared experiences. Some of the answers below may prove helpful in your situation.
While you must pay a deductible when dealing with your insurance carrier, you do not need to pay one when receiving a settlement on a third-party claim.
OEM parts are those used in a vehicle's original production and are available for replacement. Third-party companies manufacture aftermarket parts, which are usually less expensive. There is also the option of recycled or used parts.
In Utah, insurance companies don't have to pay for your vehicle to have only OEM parts. The shop must inform you if they use aftermarket parts on the estimate.
If you insist on OEM parts, the insurance company can force you to pay the difference in price between OEM parts and aftermarket/used parts. This is betterment.
Understanding the compensation laws in Utah is a challenging task. Between no-fault laws and modified comparative negligence, it can feel like you may never see any recovery. If you feel overwhelmed, seek legal help.
Contact an experienced car accident attorney in Utah to help with your personal injury claim, car insurance claim, or car accident lawsuit.
Contact a qualified attorney.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.
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