A Utah car accident claim runs on two tracks. Your own Personal Injury Protection coverage pays the first $3,000 of medical bills no matter who caused the crash. To recover beyond that from the at-fault driver, you must cross Utah’s no-fault threshold under Utah Code 31A-22-309: $3,000 in medical expenses, or permanent disability, disfigurement, dismemberment or death.
Most people have never made an injury claim before and do not know what the process looks like from the inside. This is the whole thing, start to finish, in the order it actually happens.
Track one: your PIP claim
Utah is one of a handful of no-fault states. Every auto policy sold here includes Personal Injury Protection, with a minimum of $3,000 in medical coverage under Utah Code 31A-22-307. PIP also pays a portion of lost wages, up to $250 a week for 52 weeks, and certain household services.
You file the PIP claim with your own insurer, usually within days of the crash. It pays your early bills directly, regardless of fault. That is the point of the system: nobody waits on a fault determination to get their first treatment covered.
If you were a passenger, PIP comes from the vehicle you were in. If you were a pedestrian or cyclist, it comes from the vehicle that hit you, or from your own auto policy if you have one.
Track two: the liability claim
The liability claim is against the at-fault driver’s insurance, and it is where pain and suffering, future medical costs, and everything beyond PIP gets recovered. It has a gate.
The no-fault threshold
Under Utah Code 31A-22-309, you can only bring a claim against the at-fault driver for non-economic damages if your injury involves at least one of the following:
- $3,000 or more in reasonable medical expenses
- Permanent disability or permanent impairment based on objective findings
- Permanent disfigurement
- Dismemberment
- Death
The $3,000 line is where most claims cross. An emergency room visit plus imaging usually gets there on its own. Claims that never cross the threshold are limited to PIP benefits.
Steps in the liability claim
- Notice. The at-fault driver’s insurer is notified of the claim. An adjuster is assigned.
- Investigation. Police report, photos, witness statements, vehicle damage estimates. Both sides assess fault.
- Treatment. You treat until you reach maximum medical improvement. This stage sets the timeline for everything else.
- Demand. Your attorney sends a demand package: liability analysis, medical records, bills, wage loss, and a dollar figure.
- Negotiation. The insurer responds. Offers go back and forth. Most claims settle here.
- Lawsuit, if needed. If the insurer will not pay a fair amount, a complaint is filed in district court. Discovery, depositions, mediation, and rarely trial follow.
- Settlement and disbursement. Release signed, check issued, liens paid, balance disbursed with a written accounting.
Our guide on how long a settlement takes covers the timing of each stage.
How fault is decided
Utah uses modified comparative negligence under Utah Code 78B-5-818. Fault is divided among everyone involved by percentage. Your recovery is reduced by your share, and you recover nothing if you are 50 percent or more at fault.
In practice, fault is decided by the police report, physical evidence, witness statements, and sometimes a reconstruction expert. Insurers assign fault percentages during the claim. If the two sides cannot agree, a jury decides.
Who pays what
- Your PIP pays your first $3,000 in medical bills and some wage loss.
- The at-fault driver’s liability coverage pays your damages above PIP, up to their policy limit. Utah’s minimum is $30,000 per person.
- Your underinsured motorist coverage pays the gap if their limit is too low.
- Your uninsured motorist coverage steps in if they had no insurance. See our guide on car accidents without insurance.
- Your health insurance may pay bills above PIP during treatment, then get reimbursed from the settlement.
Deadlines
You have four years from the date of the crash to file a personal injury lawsuit under Utah Code 78B-2-307. Wrongful death claims have two years under Utah Code 78B-2-304.
If a government vehicle or entity is involved, a city, UTA, UDOT, or a school district, you must file a written notice of claim within one year under Utah Code 63G-7-402. This is the deadline people miss most often, and missing it ends the claim.
Common questions about the claims process
How long do I have to file a car accident claim in Utah?
Four years from the date of the crash for personal injury, under Utah Code 78B-2-307. Wrongful death is two years under 78B-2-304. If a government vehicle or entity is involved, you must file a notice of claim within one year under Utah Code 63G-7-402, which is the deadline people miss most often.
Do I file with my insurance or theirs?
Both. Your PIP claim goes to your own insurer and pays your first medical bills. Your liability claim goes to the at-fault driver’s insurer for everything beyond that. If they were uninsured, your own UM coverage takes the place of their liability policy.
Does Utah being a no-fault state mean I cannot sue?
No. It means your first $3,000 in medical bills comes from your own PIP regardless of fault. Once your injuries cross the threshold in Utah Code 31A-22-309, you can pursue the at-fault driver for the rest, including pain and suffering.
What does a car accident lawyer actually do?
Handles the insurer so you do not have to, gathers and organizes the medical evidence, calculates what the claim is worth, writes the demand, negotiates, manages medical liens, and files suit if the insurer will not pay. Most work on contingency, so you pay nothing unless there is a recovery.
Do I need a lawyer for a minor car accident claim?
Not for property damage only. If you were injured at all, a free consultation costs nothing and usually changes what you know about your claim’s value. Insurers make lower offers to unrepresented claimants because they can.
Related guides
- What to do after a car accident in Utah
- How long does a car accident settlement take?
- What is the average car accident settlement in Utah?
- Should you accept the first settlement offer?
- Crashes involving government vehicles
- All Utah car accident questions, answered
Talk to a Utah car accident lawyer
If you want someone to walk you through where your claim is and what comes next, Moxie Law Group does that in a free consultation. Learn more about our Utah car accident attorneys or contact us. 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.