Utah Car Accident Laws: Complete Legal Guide 2026
Understanding Utah's unique accident laws is critical to protecting your rights. Here's everything you need to know about fault, insurance requirements, and filing deadlines.
Is Utah a No-Fault State?
Yes, partially. Utah is a "choice no-fault" or "modified no-fault" state. Here's what that means:
How Utah's No-Fault System Works:
- 1. Your PIP Pays First: Your own insurance covers your medical bills up to $3,000-$10,000, regardless of fault.
- 2. Then You Can Sue: If injuries meet "serious injury threshold," you can step outside no-fault and sue the at-fault driver.
- 3. Property Damage is Fault-Based: Vehicle damage is NOT no-fault. The at-fault driver's insurance pays.
Utah Code 31A-22-309: Governs when you can "step outside" the no-fault system to sue for pain and suffering.
Utah Comparative Negligence Law
Utah follows modified comparative negligence with a 50% bar rule (Utah Code 41-6a-102).
How It Works:
You can recover damages, reduced by your fault percentage.
Example: $100K settlement, you're 30% at fault = you get $70K
You can still recover 50% of damages.
Example: $100K settlement, you're 50% at fault = you get $50K
You recover NOTHING. Complete bar to recovery.
Why This Matters: Insurance companies will fight to prove you're 51%+ at fault to avoid paying anything. Even adding 10% fault saves them thousands.
Utah Statute of Limitations
Personal Injury: 4 Years
You have 4 years from the date of the accident to file a personal injury lawsuit (Utah Code 78B-2-307).
Miss the deadline: Case dismissed forever. No exceptions except for minors (18+ statute begins).
Property Damage: 3 Years
3 years to file lawsuit for vehicle damage (Utah Code 78B-2-305).
🚨 Government Vehicles: 1 YEAR Notice Requirement
If hit by city, county, state, or federal vehicle (police cars, postal trucks, school buses, fire trucks), you MUST file a notice of claim within 1 year (Utah Code 63G-7-401).
⚠️ CRITICAL: Miss this 1-year deadline and you lose your case permanently, even though the statute of limitations is 4 years. This is a trap that destroys many valid claims.
Wrongful Death: 2 Years
2 years from date of death to file wrongful death lawsuit (Utah Code 78B-3-106).
Utah Minimum Insurance Requirements
Every Utah driver must carry minimum liability coverage (Utah Code 31A-22-304):
Problem: If the at-fault driver only has $25K coverage and you have $50K in medical bills, you're underinsured. This is why you need Underinsured Motorist (UIM) coverage.
Serious Injury Threshold (When You Can Sue)
Utah Code 31A-22-309 allows you to "step outside" no-fault and sue for pain/suffering if:
- ✓ Medical expenses exceed $3,000 (minimum PIP exhausted)
- ✓ Permanent disability or impairment to bodily function
- ✓ Permanent disfigurement (scarring, burns, visible injuries)
- ✓ Death resulting from accident (wrongful death claim)
Once you meet the threshold, you can sue for: pain and suffering, emotional distress, loss of enjoyment of life, future medical costs.
Important Utah Traffic Laws
Distracted Driving Ban
Handheld cell phone use while driving is illegal (Utah Code 41-6a-1716). Includes texting, browsing, and calling without hands-free. $100-$200 fine.
Red Light & Stop Sign Violations
Running red lights or stop signs is automatic negligence per se. If other driver ran red light, you have strong liability case.
Speeding Laws
Exceeding speed limit by 10+ mph can establish negligence. Speed is a factor in determining fault percentage.
DUI Threshold
Utah has strictest DUI limit: 0.05% BAC (most states 0.08%). DUI driver is presumed 100% at fault in civil cases.
📚 Key Utah Code Sections
- • Utah Code 31A-22-307: PIP coverage requirements
- • Utah Code 31A-22-309: Serious injury threshold to sue
- • Utah Code 31A-22-304: Minimum liability insurance
- • Utah Code 41-6a-102: Comparative negligence in traffic accidents
- • Utah Code 78B-2-307: 4-year statute of limitations
- • Utah Code 63G-7-401: Government vehicle notice requirement
- • Utah Code 41-6a-1716: Distracted driving prohibition
Access Laws: Utah State Legislature Code
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