Filing a Car Accident Claim with an Uninsured Driver in Utah: A Comprehensive Guide

Being involved in a Utah uninsured motorist accident can be overwhelming—physically, emotionally, and financially. When the at-fault driver has no auto insurance, accident victims are often left wondering how they will pay for medical treatment, vehicle repairs, and lost income. Unfortunately, despite Utah’s insurance requirements, uninsured and underinsured drivers remain a serious problem, making these accidents far more common than most people realize.

Utah law provides important protections for drivers injured by uninsured motorists, including Personal Injury Protection (PIP) and Uninsured Motorist (UM) coverage. However, insurance companies often make these claims difficult, even though you are filing against your own policy. Understanding how Utah uninsured motorist claims work and what steps to take immediately after a crash, can make a significant difference in the amount of compensation you recover.

At London Harker, our Utah car accident lawyers help injured victims navigate uninsured driver claims from start to finish. This guide explains what to do after an accident with an uninsured driver in Utah, how PIP and UM coverage apply, and when legal action may be necessary to protect your rights and financial future.

Immediate Steps to Take at the Accident Scene

The minutes following a crash are critical for evidence preservation, insurance claims, and legal protection. Acting carefully can significantly improve the success of an uninsured motorist claim.

1. Prioritize Safety and Call Law Enforcement

Your safety is always the first priority. Move to a safe location and check for injuries. Even if damages seem minor, calling the police is essential. Utah law requires drivers involved in an accident to report it under Utah Code § 41-6a-401. A police report provides a neutral record, documenting both the crash and the other driver’s insurance status. Without this report, proving the other driver was uninsured becomes difficult.

2. Exchange Information

Collect all available information from the other driver, including:

• Full name and address
• Vehicle registration and license plate
• Any admission of no insurance

If the driver refuses to provide insurance information, document this refusal carefully. Do not rely on verbal promises, as uninsured drivers are rarely financially equipped to pay damages out of pocket.

3. Document the Accident Scene

Since there’s no insurance adjuster from the other party, you must act as your own investigator. Gather:

• Photographs: Capture all vehicle damage, skid marks, road conditions, and traffic signage
• Witnesses: Collect names and phone numbers of bystanders who saw the accident
• Vehicle Details: Record make, model, color, license plate, and any distinguishing features

Strong documentation can make or break an uninsured motorist claim.

Understanding Utah’s No-Fault Insurance System

Utah operates under a limited no-fault system, which allows your own insurance to pay initial medical expenses through Personal Injury Protection (PIP). This coverage is intended to reduce the need for litigation for small medical claims, but serious injuries or high medical costs often require additional action.

Personal Injury Protection (PIP)

All Utah auto insurance policies must include PIP, covering:

• Medical bills
• Lost wages
• Household services

The state-required minimum PIP coverage is $3,000 per person, which can be quickly exhausted in serious accidents. Once this limit is exceeded, or for cases involving serious injury or permanent disability, victims may pursue a liability claim through Uninsured Motorist (UM) coverage.

What Is Uninsured Motorist (UM) Coverage?

Uninsured Motorist coverage protects you when the at-fault driver lacks insurance. It allows your own insurance company to cover the damages the other driver is legally obligated to pay.

Is UM Coverage Required?

Insurers must offer UM coverage to policyholders under Utah Code § 31A-22-305, though drivers may reject it in writing. Many Utah drivers have UM coverage without realizing it, making it essential to review your policy after an accident.

What Does UM Cover?

UM coverage can pay for:

• Medical expenses beyond PIP limits
• Lost wages due to injury
• Pain and suffering not covered by PIP
• Property damage in the form of Uninsured Motorist Property Damage (UMPD), depending on your policy

Matching Coverage Limits

For policies issued or renewed after January 1, 2025, Utah requires:

• $30,000 per person for bodily injury
• $65,000 per accident
• $25,000 for property damage

It is recommended to match UM limits with liability limits to ensure adequate protection.

For more details on coverage limits and strategies, visit our Sandy Car Accident Lawyer page.

Filing an Uninsured Motorist Claim

Filing a UM claim is different from a standard liability claim, as you are essentially making a claim against your own insurer.

1. Notify Your Insurer Promptly

Report the accident immediately and clarify that the other driver is uninsured. Delays can jeopardize your claim due to policy deadlines.

2. Investigation by Insurance Company

Your insurer will verify:

• That the other driver was uninsured
• The extent of your damages
• Whether your claim is valid under policy terms

Insurers may also attempt to minimize payouts, disputing injury severity or arguing partial fault.

3. Proving Fault and Damages

Even in a UM claim, fault must be established. Provide:

• Medical records
• Proof of lost wages
• Repair estimates
• Police report evidence

4. Arbitration or Lawsuit

If your insurer disputes your claim, Utah allows arbitration, a neutral third party evaluates the case or, if necessary, filing a lawsuit to enforce payment.

Hit-and-Run Accidents as Uninsured Motorist Claims

Hit-and-run drivers are considered uninsured for insurance purposes. To succeed:

• Identify the vehicle if possible
• Gather witness statements or video evidence
• Provide physical proof of the vehicle causing the accident

Your testimony alone is usually insufficient; corroborating evidence is critical.

Suing an Uninsured Driver Directly

While possible, suing an uninsured driver is often impractical due to the “judgment proof” problem, the driver may lack assets or income to satisfy a judgment. A lawsuit may only make sense if:

• Damages exceed UM coverage limits
• The driver has significant assets despite no insurance
• Your insurer is acting in bad faith

An attorney can assist with lien filings or court-ordered payment plans.

Why You Need a Utah Car Accident Lawyer

Handling a UM claim involves negotiating with your own insurer, which can be adversarial. A knowledgeable attorney helps:

• Navigate bad faith tactics by insurers
• Maximize compensation through UM and other policy benefits
• Understand statutes of limitations, ensuring claims are timely filed

For more insights, explore our London Harker Blog.

Frequently Asked Questions

Will my insurance rates increase if I file a UM claim?

Generally, no. Filing a UM claim for a not-at-fault accident should not raise rates under Utah law.

What if I don’t have UM coverage?

You may rely on PIP ($3,000 minimum) and your health insurance, but vehicle repairs could be out-of-pocket unless you have collision coverage.

Difference between UM and UIM:

• UM: At-fault driver has no insurance
• UIM: At-fault driver has insufficient insurance

Conclusion

Being hit by an uninsured driver is stressful but not hopeless. Utah law offers tools like PIP and UM coverage to prevent financial ruin. With proper documentation and an experienced attorney, victims can secure fair compensation and protect their families.

Contact London Harker today via our Sandy Car Accident Lawyer page to schedule a consultation. Let us navigate the legal complexities while you focus on recovery.

Disclaimer: This blog post is for educational purposes and does not constitute legal advice. Always consult a qualified attorney regarding your situation. Utah Code references: § 31A-22-305, § 41-6a-401.