September 23, 2024

Uninsured Motorist Coverage in Utah: Protecting Yourself After an Accident

Uninsured motorist coverage (UM) is essential for drivers in Utah, especially given the number of uninsured motorists and the risks of hit-and-run accidents. This coverage provides financial protection when the at-fault driver lacks insurance or cannot be identified, ensuring you aren’t left covering the costs of an accident that wasn’t your fault.

For expert assistance with your UM claim, contact Utah car accident attorney Jake Gunter at (801) 373-6345 for a free consultation.

What is Uninsured Motorist Coverage (UM) in Utah?

Uninsured motorist coverage applies when:

  • The at-fault driver has no insurance.
  • The at-fault driver flees the scene in a hit-and-run.
  • Compare that to Underinsured coverage (“UIM”).

Utah Minimum UM Coverage:

  • $25,000 per person
  • $65,000 per accident
    This coverage limit is often displayed as 25/65 on insurance declarations.

The main statute governing UM coverage in Utah is Utah Code 31A-22-305.

3 Types of Utah Uninsured Motorist Claims

  1. Hit & Run Without Impact (Phantom Driver)
    • In these cases, the other driver causes you to crash (e.g., swerving to avoid them) but doesn’t physically hit your car.
    • You must prove the claim with clear and convincing evidence (e.g., witness testimony), as your testimony alone is insufficient under Utah law.

    Example:
    While driving on University Parkway in Orem, UT, an erratic driver forces you to swerve into a pole. A passenger’s testimony could support your claim.

  2. Hit & Run With Impact
    • These cases are more straightforward since physical evidence (e.g., property damage or paint transfer) corroborates your claim.
  3. Accidents Involving Uninsured Drivers
    • When the at-fault driver stays at the scene but lacks insurance, your UM coverage compensates you for damages.
      Example: You’re rear-ended on University Avenue in Provo by a driver cited for no insurance.

Should You Waive Uninsured Motorist Coverage in Utah?

While it’s legally permissible to waive UM coverage, it’s a bad idea. Doing so leaves you financially vulnerable in accidents involving uninsured drivers or hit-and-run scenarios.

Waiving UM Coverage:

  • Must be done in writing.
  • Must comply with statutory requirements.

Challenging a UM Waiver:
In some cases, injured parties successfully challenge waivers, especially those:

  • Provided by out-of-state insurers.
  • Written in another language (e.g., Spanish).

If a waiver is invalid, coverage defaults to Utah’s minimum of 25/65.

Uninsured (UM) vs. Underinsured Motorist Coverage (UIM)

Uninsured Motorist Coverage (UM):
Protects you when the at-fault driver has no insurance or in hit-and-run accidents.

Underinsured Motorist Coverage (UIM):
Applies when the at-fault driver’s insurance is insufficient to cover your damages.

Example:
You’re rear-ended in Orem, UT, and suffer severe injuries. The at-fault driver’s insurance pays the $25,000 limit, but your medical bills exceed $50,000. Your UIM coverage bridges the gap.

Filing a Claim vs. Filing a Lawsuit for UM Benefits

Filing a Claim:

  • A UM claim is filed with your own insurance company.
  • The process involves an adjuster assessing your damages.
  • See this article on basic claims timelines.

Filing a Lawsuit:

  • Necessary if your claim is denied or undervalued.
  • Common claims include breach of contract or bad faith against your insurer.

Statute of Limitations for UM Claims in Utah

The statute of limitations for UM claims in Utah is four years, as outlined in Utah Code 31A-22-305(11)(a). Missing this deadline can jeopardize your claim, so consulting a personal injury attorney promptly is crucial.

What if the Other Driver is Uninsured but Driving an Insured Vehicle?

In most cases, insurance follows the car, meaning the car owner’s insurance will cover the accident even if the driver is uninsured. However, exceptions may arise, such as:

  • The car being used for commercial purposes.
  • The driver lacking permission to use the vehicle.

Example:
Your neighbor borrows your car and gets into an accident in Provo, UT. Your insurance should cover the damages unless the car was being used for business purposes.

Important Notes About UM Claims in Utah

Unlike standard personal injury claims, uninsured motorist claims are exempt from the $3,000 medical bill threshold required for general damages (e.g., pain and suffering) under Utah Code 31A-22-309.

Key Resources for Understanding Utah UM Laws

  • Utah Code 31A-22-305: Governs uninsured motorist coverage.
  • Utah Code 31A-22-309: Explains personal injury protection (PIP) requirements and exceptions.

For additional details, see:

Need Help With Your UM Claim? Contact Jake Gunter Today

If you’re navigating a complex uninsured motorist claim or dealing with a hit-and-run accident, Jake Gunter is here to help. With extensive experience handling UM and UIM cases, Jake ensures you get the compensation you deserve.

📞 Call or Text: (801) 373-6345
📍 Location: Provo, Utah

Don’t let insurance companies take advantage of you. Contact attorney Jake Gunter for a free consultation and expert guidance on your uninsured motorist claim.