Understanding UIM/UM/PIP Benefits in Utah Car Accidents: What You Need to Know
When you’re in a car accident in Utah, one of the first things you’ll hear from insurance companies is whether you have underinsured motorist (UIM), uninsured motorist (UM), or personal injury protection (PIP) benefits. These benefits are critical in ensuring you’re compensated for injuries and damages, especially when the at-fault driver lacks adequate coverage. Attorney Jake Gunter in Provo, UT, specializes in helping clients navigate these complex situations.
What Are UIM/UM/PIP Benefits?
1. Underinsured Motorist Coverage (UIM)
UIM benefits apply when the at-fault driver’s insurance isn’t enough to cover all your injuries and damages.
- Requirement: You must exhaust the at-fault driver’s insurance limits before accessing your UIM benefits.
- Example:
- You’re hit head-on in Provo Canyon, and your spouse tragically dies.
- The at-fault driver has only $25,000 in liability coverage (Utah’s state minimum).
- Once you receive the $25,000, you can turn to your UIM coverage for additional compensation.
2. Uninsured Motorist Coverage (UM)
UM benefits kick in when the at-fault driver has no insurance or flees the scene (hit-and-run).
- Example: A driver runs a red light in Provo and hits your car. They flee, leaving you without any way to identify their insurance.
3. Personal Injury Protection (PIP)
PIP benefits are mandatory in Utah and cover specific expenses, regardless of who caused the accident:
- Medical Payments (MedPay): A minimum of $3,000 for medical bills.
- Wage Loss: Up to $250 per week or 85% of lost income for 52 weeks.
- Household Allowance: $20/day for household services up to 365 days.
- Funeral Benefits: Up to $1,500.
- Death Benefits: $3,000 to the deceased’s heirs.
Waivers of UIM/UM/PIP Benefits
Can UIM/UM Benefits Be Waived?
Yes, but only in writing and under strict conditions as outlined in Utah Code 31A-22-307(4).
- Example of a Problematic Waiver:
- A family in Provo loses a child in a car accident.
- Their policy had $250,000 in UIM coverage, but it was waived in writing.
- If the waiver doesn’t comply with the law, the court may reinstate the UIM benefits.
Can PIP Benefits Be Waived?
Generally, no. The sole exception is wage-loss benefits, which can be waived.
What Happens If Waivers Are Ineffective?
If a waiver is deemed invalid, the court reinstates the Utah state minimum coverage for UIM or UM benefits. The case may hinge on whether the insured was provided sufficient information to make an informed decision about waiving coverage.
Key Utah Case:
- Lopez v. United Automobile Insurance Company (2012 UT 10)
- This case established that insurers must provide enough information for the insured to make an informed decision about waiving coverage.
Who Decides If a Waiver Is Invalid?
The court ultimately determines whether a waiver is void. Your attorney must thoroughly review the waiver’s compliance with Utah law to ensure your rights are protected.
Examples of UIM/UM Waiver Issues in Provo, UT
- Provo Canyon Head-On Collision
- UIM coverage reinstated after finding the waiver invalid.
- Center Street Pedestrian Death
- A child is killed, and the family’s UIM waiver is reviewed for compliance. If the waiver fails, additional compensation becomes available.
Why It’s Critical to Work with an Experienced Attorney
Insurance policies and waivers are often written in complex legal language. An experienced car accident attorney like Jake Gunter will:
- Analyze Policy Language: Ensure waivers comply with Utah law.
- Challenge Invalid Waivers: Fight for reinstatement of UIM/UM benefits when waivers fail to meet statutory requirements.
- Maximize Your Compensation: Leverage nearly 20 years of trial experience to secure the best outcome for your case.
Take Action Today
If you’ve been in a car accident and need help understanding your UIM, UM, or PIP benefits, call or text Attorney Jake Gunter at (801) 373-6345. He can often tell you over the phone if you have a case.
Don’t navigate this process alone—hire an attorney who practices regularly in car accident cases for the best results.
📞 Call/Text Jake Gunter Now at (801) 373-6345
Let his 20 years of legal expertise work for you.