Driving without insurance in Utah is a class C misdemeanor carrying a minimum $400 fine and suspension of your registration. You also lose your own Personal Injury Protection coverage, so your medical treatment comes out of pocket. You can still pursue the at-fault driver for your injuries, but your own liability for their damages is personal and unprotected.
Two different situations get lumped together under “car accident without insurance.” One is where you have no insurance. The other is where the driver who hit you has none. They play out very differently, so this guide covers both.
If you were uninsured and got hit
The penalty for driving uninsured
Utah requires every registered vehicle to carry liability coverage of at least $30,000 per person and $65,000 per accident for bodily injury, and $25,000 for property damage, under Utah Code 31A-22-304. Driving without it is a class C misdemeanor. First offense carries a fine of at least $400, and the state suspends your registration until you file proof of insurance and pay a reinstatement fee.
Your own medical bills
Utah is a no-fault state, and the first $3,000 of medical bills after a crash normally comes from your own PIP coverage. With no policy, there is no PIP. Your bills go to your health insurance if you have it, or to you directly if you do not.
Can you still claim against the at-fault driver?
Yes. Being uninsured does not forfeit your right to recover from someone who injured you. Utah has no “no pay, no play” law that bars uninsured drivers from recovering damages. If the other driver was at fault, you can bring a claim against their liability policy for your medical expenses, lost wages and pain and suffering, subject to the same rules as anyone else.
What you cannot do is recover for your own vehicle damage from your own policy, because there is none. If the other driver was at fault, their property damage coverage should pay for your car.
If the crash was your fault
This is where it gets serious. Without liability coverage, the other driver’s injuries and vehicle damage are your personal responsibility. Their insurer will pay them under their own uninsured motorist coverage, then come after you for reimbursement. A judgment against you can be enforced through wage garnishment and liens for years.
If the other driver had no insurance
Your uninsured motorist coverage steps in
Utah insurers must offer uninsured motorist coverage on every policy, and you have to reject it in writing to not have it. Most people have it without realizing. Check your declarations page for “UM” or “uninsured motorist bodily injury.” If it is there, your own insurer pays what the at-fault driver’s policy would have paid, up to your UM limit.
Your own PIP still pays the first $3,000 of medical bills regardless of the other driver’s status.
Filing a UM claim
A UM claim goes to your own insurer, but it is not a friendly conversation. Your insurer is now in the position the other driver’s insurer would have been in, and it will evaluate fault, injuries and damages the same way. Treat it as an adversarial claim, document everything, and do not give a recorded statement without thinking it through.
Hit and run
A hit and run is treated as an uninsured motorist claim. You need to report it to police promptly, and most policies require that. Gather any witness information and camera footage from nearby businesses as fast as you can, because it disappears quickly.
Suing the uninsured driver
You can sue an uninsured driver personally. Whether it is worth doing depends on whether they have assets. Most people who drive without insurance do not, and a judgment you cannot collect is just paper. Your attorney can run an asset check before deciding.
Underinsured drivers
A related problem: the other driver has insurance, but only Utah’s $30,000 minimum, and your damages are $150,000. Underinsured motorist coverage, usually bundled with UM, pays the gap up to your policy limit. This is the coverage that matters most in serious injury cases, and it is worth buying more of than the minimum.
How fault affects any of this
Utah uses modified comparative negligence under Utah Code 78B-5-818. Your recovery is reduced by your share of fault, and you recover nothing if you are 50 percent or more at fault. That applies to UM claims too. Your own insurer will assess your fault the same way the other side would.
Common questions about uninsured car accidents
What if the other driver has no insurance?
Your own uninsured motorist coverage steps in and pays what the at-fault driver’s policy would have. Utah insurers must offer UM coverage and you must reject it in writing, so check your declarations page before assuming you have none. Your PIP also pays the first $3,000 of medical bills regardless of fault.
Can I get in trouble for not having insurance if the accident was not my fault?
Yes, for the uninsured driving itself. The citation and registration suspension apply regardless of who caused the crash. You can still recover damages from the at-fault driver, but you will also be dealing with the misdemeanor.
Do I have uninsured motorist coverage?
Probably. Utah requires insurers to offer it, and it is included unless you rejected it in writing. Look for “UM” or “UMBI” on your declarations page, or call your agent and ask.
Will my rates go up if I file a UM claim?
Utah law prohibits insurers from raising rates or canceling a policy solely because you made a claim for an accident you did not cause. If your insurer does, that is worth raising with the Utah Insurance Department.
Can an uninsured driver be sued for a car accident in Utah?
Yes. Lack of insurance does not protect a driver from liability. Whether a lawsuit is worth filing depends on whether the driver has income or assets to collect from.
Related guides
- What to do after a car accident in Utah
- How car accident claims work in Utah
- What is the average car accident settlement in Utah?
- Insurance disputes and policy stacking
- All Utah car accident questions, answered
Talk to a Utah car accident lawyer
Uninsured and underinsured claims are where people leave the most money on the table, because they do not know what coverage they have. Moxie Law Group will read your policy and tell you. Learn more about our Utah car accident attorneys or contact us for a free consultation. There is no fee unless we recover for you.
Reviewed by Kara H. North, Managing Partner, Moxie Law Group. This article is general information about Utah law and is not legal advice for your specific situation.