WHAT IS UNINSURED MOTORIST COVERAGE (“UM”) IN UTAH?
You should have really high uninsured policy limits because plenty of people are driving around without insurance. Uninsured motorist coverage kicks in when the person who hit you didn’t have insurance, or it is a hit-and-run situation.
Utah’s uninsured minimum coverage is $25,000 per person, up to $65,000 per occurrence. On your insurance declarations its reads “$25,000/$65,000, or 25/65.”
Two Variations of Hit & Run Utah Car Accident Cases. Three Types of Uninsured Cases.
- Hit & Run No Impact. Insurance companies are very suspect of car insurance claims in general. But especially car accidents where the injured driver claims the other driver left the scene after the accident occurred and there is no impact between your car and phantom car. Many no impact hit & runs car accidents are initially denied for payment by Utah insurance companies.0
Evidence Standard Higher in No Impact Cases. Claims involving no impact hit & runs require the damaged party to prove their case by clear and convincing evidence rather than the lower and normal standard of preponderance of the evidence. The clear and convincing evidence must be more than just the sole testimony of the damaged party. This is required by Utah Code 31A-22-305.
Example. Hit & Run No Impact. You are driving on University Parkway, in Orem, UT. You see an erratic driver about to hit you. You swerve out of the way, hitting a telephone pole causing you a concussion. You would need to prove your case by clear and convincing evidence. You would testify to the other erratic car that just about hit you. But you would need additional testimony beyond you own testimony to prove your case. Your daughter who was a passenger would also testify to the erratic driver satisfying your burden.
- Hit & Run Impact. The classic rear-ender or t-bone intersection collision and the at-fault party runs from the scene. There is clear property damage between the two cars. The leftover paint from the at-fault car is on your car. The at-fault car’s bumper is lying in the middle of the road.
- No Insurance. A rear-end car collision on University Avenue in Provo, UT. The at-fault driver simply doesn’t have insurance. He didn’t leave the scene and was cited by the Provo Police for No Insurance.
CAN YOU WAIVE OR NOT PURCHASE UNINSURED COVERAGE? YES—BAD IDEA. REALLY BAD. 
You can waive and not purchase uninsured motorist coverages. This is a bad idea up there with not having homeowner’s insurance. A really bad idea.
To effectively waive your Utah uninsured coverage it must be in writing and comply with the statutory and case law requirements. Every time an alleged waiver of uninsured benefits occurs, the attorney should be pulling the uninsured waivers from the respective insurance company.
There are a few cases where injured parties have challenged successfully uninsured waivers in Utah. Often these successful challenges dealt with out-of-state, smaller insurance carriers, or Spanish language waivers.
What Happens if My Uninsured Waiver Challenge is Granted? If you didn’t effectively waive your uninsured coverages, the coverage will revert at-least back to the state minimum of $25,000 per person, $65,000 per person.
UTAH LAWS GOVERNING UNINSURED MOTORIST COVERAGES.
The starting place for all inquires regarding uninsured coverages is Utah Code 31A-22-305. Then you have to read the Utah appellate case law interpreting Utah Code 31A-22-305 for the fullest picture. Lastly you need to read the actual policy language in the policy in question. Policy language generally can’t trump statutory prohibitions.
UNINSURED COVERAGE IS DIFFERENT FROM UNDERINSURED COVERAGE. “UM” v. “UIM”
Uninsured coverages are for hit & run circumstances or when people don’t have insurance. Underinsured (“UIM”) motorist coverages happen when the at-fault driver who hit you didn’t have adequate insurance coverages to make your whole.
Example. Underinsured Coverage. You are rear-ended on Center Street, in Orem, UT 84057. You receive a severe head concussion and break your ribs. The medical bills alone for these injuries clearly exceed the at-fault driver’s $25,000 policy limit. The liability carrier for the at-fault driver tenders its 25K policy limit. You can now access and make a claim against your own underinsured motorist carrier to make up and make you whole.
HOW DO I MAKE A CLAIM AGAINST MY UNDERINSURED COVERAGE?
Insurance Claim v. Lawsuit. People are always worried about suing people. An initial uninsured claim is just that—an insurance claim. It has nothing to do with suing anyone. Court appearances are not involved, etc. An uninsured adjuster will be assigned and the claims adjusting process will start. Which can takes months or years depending on the medical progress of the injured party.
See this article on Start-To-Finish Claims Timelines:
Filing a lawsuit is different than just making an insurance claim for underinsured motorist benefits. Lawsuit take a lot more time, involve going to court (although not as much as people think) at some point and are more expensive. Sometimes you have to file a lawsuit to obtain the proper compensation for your injuries. If your lawyer refuses to file a lawsuit, doesn’t know how to file a lawsuit, or is afraid of a jury trial–Time to Get a New Lawyer.
See this article on finding the best personal injury lawyer:
IT IS BREACH OF CONTRACT FOR LAWSUITS AGAINST YOUR UNINSURED INSURANCE CARRIER.
When you file a lawsuit against your own insurance company, it is for breach of contract for failure to pay uninsured motorist benefits. There can be other causes of action, like bad faith, or failure to pay PIP benefits to name a few.
WHAT IS THE STATUTE OF LIMITATIONS FOR UNINSURED CLAIMS?
The statute of limitations to bring personal injury uninsured motorist breach of contract claims is 4 years. It used to be 3 years, but the Utah Legislature changed it to four years in May 2020.
You can read the 4 year statute of limitations at Utah Code 31A-22-305(11)(a).
“Notwithstanding Section 31A-21-313, an action on a written policy or contract for uninsured motorist coverage shall be commenced within four years after the inception of loss.”
If you are dealing with a car accident statute of limitation issue—call a Utah personal injury attorney. Not an area to mess around with.
WHAT IS TRIGGERING EVENT THAT STARTS THE CLOCK ROLLING ON UNINSURED CLAIMS FOR STATUTE OF LIMITATIONS PURPOSES?
Tricky for sure. Always call a qualified Utah personal injury attorney to see what your exact statute of limitations are. There are several cases in Utah where attorneys missed, or almost missed the uninsured statute of limitations. Determining statute of limitations is not for the “do-it-yourself” types.
WHAT IF THE OTHER DRIVER IS UNINSURED, BUT IS DRIVING AN INSURED CAR?
Generally insurance runs with the car. This isn’t always true and there can be coverage disputes concerning commercial or criminal activity voiding insurance coverages. Further the “permissive driver” doctrine must be satisfied.
Example. Letting Your Neighbor Borrow Your Car. Accident on State Street, Provo, UT.
On every day, common situations where you allow your neighbor, friend or sister to driver your car that day. Your owner’s insurance coverage will run with the car. You might have problems if the person you lent the car to was delivering pizzas for Dominos, or using the car otherwise for commercial activities.
THRESHOLD ISSUES IN UNINSURED UTAH CAR ACCIDENTS.
Most Utah car accidents require the injured party to pass the “Threshold” in order to bring a claim for general damages, e.i., pain and suffering. Not for uninsured motorist claims. See Utah Code 31A-22-309. “Subsection (1)(a) does not apply to a person making an uninsured motorist claim.”
Exceeding the Utah Threshold is complicated, but generally happens with a permeant objective injury, or medical bills exceeding $3,000. This is one reason PIP medical pay minimums are set at $3,000.
See this deeper articles on PIP and Threshold:
(2). https://www.gunterinjurylaw.com/pip-threshold-utah/
(3). https://www.gunterinjurylaw.com/overview-of-pip/
DO INSURANCE COMPANIES GO AFTER UNINSURED DRIVERS? YES. “Subrogation”
Yes. The person who hit you and didn’t have insurance is often sued by your insurance company for having to pay your uninsured benefits. Your own insurance company steps into your shoes and takes your cause of action against the uninsured driver. This is called “Subrogation.” This happens in background and you don’t see it unless you are combing the court dockets for lawsuits.
The insured driver in Utah who causes damages and doesn’t pay for them can have their license suspended until they pay by the Utah Drivers’ License Division.
EXAMPLES OF UNINSURED MOTORIST COVERAGE SITUATIONS.
Example. Rear-Ender. No Insurance. The classic rear-ender on I-15, Utah County. The at-fault driver didn’t have insurance at all. You can make an uninsured claim to your own car insurance carrier for compensation under your uninsured motorist coverage benefits.
Example. Rear-Ender. Left The Scene. Don’t know if they had insurance or not because they left the scene. You can make an uninsured motorist benefits claim.
Example. Swerving to Avoid Contact. No Impact. You are driving defensively on State Street in Provo, UT 84606. Suddenly an erratic driver is coming the wrong way and you swerve out of the way hitting another parked car. You never impacted the erratic driver, but his negligent wrong way driving skills caused you injuries. You would need to prove you case by clear and convincing evidence with more than your sole testimony.
CALL/TXT UTAH CAR ACCIDENT ATTORNEY JAKE GUNTER (801) 373-6345. UNINSURED SITUATIONS CAN BE TRICKY TO DEAL WITH. LET HIS NEARLY 20 YEARS’ EXPERIENCE WORK FOR YOU