Yes. If you get in a car accident in Utah, your own insurance covers the first $3,000 of medical care. If you don’t have more than $3,000, you have no claim against another driver regardless of fault. Let’s dig into all of the specifics of how no-fault car insurance works in Utah:
Please understand that every state’s laws are different and the state in which the accident occurred generally governs any claims or lawsuit. This means that for Utah vehicle accidents, Utah law will apply. Utah is a “no-fault” state. This means that a driver or person who suffers bodily injury in an accident that occurs in Utah must first file a claim against his or her own auto insurance policy to recover fair compensation.
The “no-fault” portion of your claim is limited to the first $3,000 of medical expenses. This is called the “personal injury protection” (or “PIP”) coverage. Hence, if the accident is minor and your medical expenses do not exceed $3,000, your claim typically ends with payment to you by your own insurance. If your medical expenses exceed $3,000, however, you will want to pursue a claim against the at-fault driver. Note, however, that this restriction only applies to ‘bodily injury’ claims and does not apply to property damage claims. Utah drivers who sustain property damage can pursue property damage liability claims against at-fault drivers without restriction.
Utah’s no-fault law makes it imperative that you have your own auto insurance since the first $3,000 comes from your own policy and not the at-fault driver’s policy. If your claim never gets above this threshold amount, you have no claim. The reason for this system is that it encourages Utah drivers to have their own auto insurance, it discourages frivolous claims, and it ensures that minor injuries do not improperly lead to large awards.
If your injuries have caused more than $3,000 in medical expenses, I highly recommend that you retain a Utah lawyer to represent you in the process to ensure that you obtain the fair recovery that you are due.
Call Me. The above discussion is important for your well-being. You likely have more questions than this post or the other information on this website can provide. Every situation is unique. If you have been injured or are the heir of someone killed in an accident, feel free to reach out to me to discuss your circumstances. You cannot make a good decision if you do not get competent advice from a qualified, experienced attorney. You need to protect yourself and your loved-ones from the often devastating effects of permanent injury or death. You do this by pursuing what you are entitled to. Call me, message me, or contact me.
Ken