Posted on Thursday, May 23rd, 2024 at 6:22 pm
If you’ve been hurt in a car accident in Utah, you’re probably wondering about how you can access the insurance benefits you need for your care and recovery. Your first source of compensation is likely your Personal Injury Protection (PIP) insurance policy, which provides a safety net regardless of who caused the accident. However, depending on the severity of the crash, it might not be enough to cover your expenses or address the non-economic aspects of the accident. Here’s what you need to know about PIP insurance in Utah: what it covers, what it doesn’t, and what to do when it’s not enough.
What Is No-Fault/PIP Insurance?
Personal Injury Protection Insurance in Utah is often called “no-fault” insurance because it activates regardless of who is at fault for causing a traffic accident. A PIP insurance policy provides specific minimum coverage to occupants of the insured vehicle to pay their medical bills and lost income in the event of an accident. Many people in no-fault states are unaware they have this coverage, which will help them after a car accident regardless of whether they’re at fault for the crash or carry health insurance.
How Are No-Fault States Different?
Only about a dozen states follow a no-fault insurance model. In the other three-quarters of states, a driver who causes an accident is on the hook for any resulting injuries and property damage suffered by other people involved in the accident. The at-fault driver’s liability insurance policy typically covers these expenses.
Crucially, the at-fault driver is on their own when it comes to paying for whatever injuries and property damage they’ve suffered. Optional add-on insurance policies like medical payments and collision insurance may pay for these costs.
The point of no-fault insurance is to provide immediate relief for injured motorists and passengers without needing a lot of back-and-forth between insurance providers seeking to shift the blame onto one another. Another benefit is that it reduces the workload on courts, which would otherwise have to hear these cases.
What PIP Insurance Covers in Utah—And What It Doesn’t
Does personal injury insurance in Utah requirements follow Utah auto insurance laws? PIP coverage in Utah involves Utah personal injury protection limits and the mandatory personal injury protection Utah minimum amount. Utah’s PIP insurance rules are established beginning in section 31A-22-306 of the state codes. Section 31A-22-307 enumerates the benefits these policies provide, including:
- Medical services, including surgeries, X-rays, dental care, rehabilitation including prosthetics, ambulance transportation, and hospital stays
- Wage replacement equivalent to the lesser of $250 per week or 85% of the total lost amount for up to 52 weeks
- Funeral and burial expenses
- Compensation payable to heirs
Many people worry that filing a PIP claim will lead to an increase in their insurance premiums. However, insurance companies cannot charge higher rates because the insured accessed their PIP benefits.
PIP insurance serves as the primary policy in the aftermath of an accident. If an accident victim has health insurance, their health insurance provider will not begin processing medical bills until their PIP insurance is exhausted. At this point, the PIP insurance provider will submit a written notice to the health insurance provider notifying it of the change. Sometimes, victims need to take this step themselves to ensure continuing coverage of medical expenses.
Just as important as what PIP insurance covers is what it does not. First, it will not pay general damages, the legal term for pain and suffering resulting from an accident. An accident victim must show they meet certain statutory thresholds to claim these damages. Furthermore, it will not pay to repair damage to the policyholder’s vehicle.
Minimum Insurance Limits in Utah
Currently, the minimum PIP insurance limit for policies sold in Utah is $3,000. Motorists may opt to purchase more extensive policies for additional coverage and peace of mind.
In addition to their PIP policy, motorists must carry liability insurance meeting the following minimum limits:
- $25,000 per person for bodily injury
- $65,000 per accident for bodily injury
- $15,000 per accident for property damage
This coverage activates when the policyholder or someone with permission to use their vehicle causes an accident. For minor accidents, liability insurance will pay back the PIP insurance provider of the driver who was not at fault for the accident. In more serious collisions, it will pay for losses above those covered by the victim’s PIP insurance.
Stepping Outside Utah’s No-Fault Insurance System
Can Utah’s PIP insurance cover all damages and expenses? Utah’s car insurance PIP can have additional Utah personal injury protection benefits beyond the statutory minimum. As anyone who’s been in a serious car accident could tell you, $3,000—while a nice starting point—is too little to cover expensive medical bills and extensive lost wages. Moreover, it does little to compensate accident victims for the pain and suffering they experienced as a result of another driver’s carelessness. Fortunately, Utah provides a path for “stepping outside” its no-fault insurance system and accessing additional compensation from an at-fault driver.
Specifically, Section 31A-22-309 establishes the following threshold for seeking additional compensation, including for general damages:
- Death
- Dismemberment
- Permanent disability or impairment
- Permanent disfigurement
- Broken bones
- Medical expenses beyond $3,000
An accident victim who meets one of these benchmarks (or their survivors) can file a claim against the driver at fault for the accident. This allows them to seek compensation over that provided by their own PIP policy, including the full value of medical expenses and lost wages. Additionally, they can pursue general damages which compensate them for the intangible effects of the accident. For example, the pain and suffering they experienced can charged as damages if proven necessary.
Proving Fault with the Help of an Experienced Car Accident Lawyer
How does PIP work in Utah? How much will Utah PIP insurance cost you? Understanding PIP insurance in Utah has never been so easy with our Sandy car accident lawyers and Provo car accident lawyers. Accessing compensation beyond that provided by your own PIP insurance policy requires you to prove that someone else was at fault for the accident. As a general rule, this means establishing that another person was driving carelessly or recklessly and that their bad driving directly led to the accident and your injuries. An experienced car accident lawyer can help you prove this by analyzing evidence like:
- Police accident reports
- Crash scene photos
- Skidmarks and debris
- Surveillance and traffic camera footage
- Eyewitness testimony
- Expert crash reconstructions
At London Harker Injury Law, we have considerable experience building strong cases that get our clients paid. Contact us today at 77CARCRASH to get started with a free consultation with a Utah personal injury attorney, and find out how much you could be owed.
