What You Need to Know About Uninsured & Underinsured Motorist Coverage in Utah?

What You Need to Know About Uninsured & Underinsured Motorist Coverage in Utah?

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The other driver admits fault at the scene. You ask for their insurance information, and they shrug. Or the card they hand over is expired. Or they drive off before you catch the plate number.

The bills still show up. The ER visit, physical therapy, and the shifts you can’t work. Your own auto policy may be the only place left to turn. 

In Utah, uninsured and underinsured motorist coverage comes with your policy unless you reject it in writing, and many drivers signed that rejection without a second thought.  

What you choose at sign-up shapes everything that comes next. Below, we covered what UM and UIM coverage mean in Utah, what the statutes say, what a claim can pay for, and how to protect it.

Question

Short answer

What is UM?

Coverage for injuries when the at-fault driver has no insurance.

What is UIM?

Coverage when the at-fault driver’s insurance isn’t enough.

Is it included in Utah policies?

Yes, by default, unless you reject it in writing.

What does it cover?

Medical bills, lost wages, and pain and suffering, up to your policy limit.

Where do I find my limits?

Your declarations page.

Can I use it after a hit-and-run?

Yes, if you meet Utah’s UM requirements.

Does PIP matter?

Yes, PIP pays first, then UM/UIM covers the rest.

 

What Is Uninsured Motorist (UM) Coverage in Utah?

 

Uninsured motorist coverage is part of your own car insurance. It pays for your injuries when nobody knows who the driver is, like in a hit-and-run.

So you are not chasing someone who has no policy and probably no money. You file the claim with your own insurance company instead. 

You still have to prove the other driver caused the crash and that your injuries are real. Your insurer can push back on both, and it often does.

What Is Underinsured Motorist (UIM) Coverage in Utah?

 

Underinsured motorist coverage kicks in when the other driver has insurance but not enough of it. Serious injuries can blow past a minimum policy fast. One surgery might do it.

What Is the Difference Between UM and UIM?

It comes down to the other driver’s insurance. UM is for when there isn’t any. UIM is for when there is some, but it falls short.

 

UM (Uninsured Motorist)

UIM (Underinsured Motorist)

Other driver’s insurance

None, or the driver can’t be found.

Yes, but the limit is too low.

Who pays first?

Your own insurer.

The at-fault driver’s insurer.

What your insurer covers

Covered damages, up to your UM limit.

The gap beyond the at-fault limit, up to your UIM limit.

Typical case

The driver has no policy or drives off.

The driver has a low limit; your injuries are serious.

Example

An uninsured driver rear-ends you, and you need surgery.

A driver with a $25,000 limit causes injuries worth far more.

Utah UM/UIM Statute: Utah Code §31A-22-305 and §31A-22-305.3

Two sections of the Utah insurance code (Title 31A of the Utah Code) control this. Section 31A-22-305 covers uninsured motorist coverage. Section 31A-22-305.3 covers underinsured motorist coverage. 

Statute

What it defines

§31A-22-305

Uninsured motorist coverage, and the situations it applies to, such as no insurance, a hit-and-run, or a liability insurer that disputes coverage for more than 60 days

§31A-22-305.3

Underinsured motorist coverage, and how it works once the at-fault driver’s liability limit is paid

The statute sets the definitions of whether you actually have this coverage and what the limit comes down to in your policy and what you signed. 

Does Utah Require UM or UIM Coverage?

 

Not exactly, but it comes built in. A Utah auto policy includes UM or UIM coverage unless you turn it down in writing. So if you never signed a rejection, you most likely have it. 

Liability insurance is the part Utah forces you to carry. UM or UIM are the parts you can opt out of, and the insurer has to give you its own form to do it. Signing that form once carries over for years, even after you have forgotten it. 

Not sure what you picked? Look at the declarations page for UM and UIM limits; if they are missing, ask your agent for a copy of any form you signed.

 

How PIP, UM, and UIM Work Together in Utah

 

Utah is a no-fault state, which means your own personal injury protection PIP coverage pays your medical bills and some lost income first, no matter who caused the crash.

UM and UIM come in after that and only for what PIP doesn’t cover or doesn’t fully pay. So the order usually looks like this: PIP pays up to its limits, then the uninsured and underinsured pay the rest, up to your policy limits.

If your injuries are minor and PIP covers everything, you may never need to use your UM or UIM coverage.

Coverage

Primary purpose

Who provides it?

When does it apply?

PIP

Initial medical and lost income benefits

Your own insurer

After any covered auto accident, regardless of fault.

UM

Covers injuries when the at-fault driver has no insurance

Your own insurer

The at-fault driver is uninsured or unidentified.

UIM

Covers injuries when the at-fault driver’s insurance isn’t enough

Your own insurer

At-fault driver’s limits are exhausted, but damages remain.

 

When Can UM Coverage Apply?

 

UM coverage applies in a specific set of situations laid out in Utah Code §31A-22-305, not just when the other driver had no insurance.

Uninsured Driver

The at-fault driver has no liability at all, or their coverage is lower than Utah’s required minimum, in which case UM fills the gap between their limit and the minimum.

Hit & Run

The at-fault vehicle can’t be identified because the driver left the scene. You’ll want a police report here and ideally a witness or some physical evidence tying that vehicle to the crash, since your insurer will look for something beyond your own account.

Disputed Coverage

If the at-fault driver’s liability insurer disputes whether coverage applies and that dispute lasts for more than 60 days, the vehicle can be treated as uninsured for UM purposes.

When Can UIM Coverage Apply?

 

UIM coverage applies when the at-fault driver has insurance, but their coverage is not enough to cover what you actually lost. This comes up more than people expect, since Utah’s minimum liability limits are on the low side and a single hospital stay can pass them fast.

Before you can collect your own UIM coverage, you generally have to exhaust the at-fault driver’s limit first, meaning you collect what their policy pays out, then turn to your own insurer for the difference.

Your UIM payout is capped at your own policy limit, minus whatever you already collected from the at-fault driver. 

Under Utah Code §31A-22-305.3, once you bring a UIM claim, you and your insurer resolve it through binding arbitration or litigation. 

That’s worth knowing going in, since it shapes how the claim gets decided if you and your insurer don’t agree on the amount.

How Much UM/UIM Coverage Do You Need in Utah?

 

There is no single right answer in Utah, but the state minimum is rarely enough. Utah requires drivers to carry liability limits, and if you only carry UM/UIM that matches the minimum, one serious injury can burn through it before your medical bills are even finalized. 

A common approach is to match your UM/UIM limits to your bodily injury liability limits. Under §31A-22-305, that is actually the default for new policies unless you sign a form choosing less, so if you never signed anything, you may already have this. 

A few things worth weighing before you decide on a limit.

  • Your medical history and how serious your injury would affect your household financially.
  • How many people typically ride in your car.
  • Whether you drive in areas with more uninsured drivers, since that changes your odds of needing this coverage.
  • The cost difference between state-minimum and higher UM/UIM limits, which is often smaller than people assume. 

Add this in the box layout: Utah takeaway: Check your declarations page to see your current UM/UIM limits. Utah law establishes default coverage rules, but the limits and any rejection or reduction should be verified against the policy and applicable statutory requirements. 

What Can UM/UIM Coverage Pay For?

 

Damage type

Covered?

Notes

Medical expenses

Yes

Beyond what PIP already paid

Lost wages

Yes

Income lost due to your injuries

Pain and suffering

Yes

Non-economic damages tied to the injury

Other damages

Sometimes

Depends on policy wording, may include loss of consortium

Vehicle damage works differently; UM/UIM covers injuries, not your car. Repairs to your vehicle are covered by collision coverage or by the at-fault driver’s property damage liability, if they have any. 

This applies to UM/UIM claims too, since your insurer will assess fault the same way a liability insurer would. 

How Fault Affects a UM/UIM Claim in Utah?

Utah follows a modified comparative fault rule with a 50% bar under Utah Code § 78B-5-818. If you are found 50% or more at fault, you recover nothing. 

Below that, your payout is reduced by your percentage at fault. At 49% fault, you get 51% of damages. At 50%, you get zero.

Your insurer applies this same rule when assessing a claim. Because your percentage of fault can affect the amount you recover, disputes over fault can affect the value of a UM/UIM claim. 

What Should You Do After an Accident With an Uninsured Driver?

  • Call 911 and get medical care.
  • Get a police report.
  • Collect the other driver’s information anyway.
  • Take photos and get witness contacts.
  • Notify your own insurer promptly.
  • Be careful with recorded statements.
  • Keep every record.
  • Talk to an attorney before you settle anything. 

 

How Do You Know If You Have UM/UIM Coverage?

 

Pull out your declaration page. That’s the page that lists every coverage on your policy with the dollar limits next to it, and UM/UIM will be right there if you have it. 

Can’t find it? Call your agent or the insurance company and ask them to email you a copy plus any UM/UIM rejection form you might have signed.

No rejection form you might have signed. No rejection on file usually means you have the coverage, since Utah adds it by default. 

How Long Do You Have to Make a UM/UIM Claim in Utah?

 

This one’s trickier than people expect, because there is not just one clock running. A UM/UIM claim goes against your own insurer and is treated as a contract claim, not a personal injury claim against the other driver.  

That means it can have a different deadline than the injury claim. On top of that, your policy may set a shorter window, sometimes just months, to report the accident or file.

Don’t guess on this one. Pull your policy and call an attorney early, because missing either deadline can shut the door on a claim that would have otherwise been solid.

Can You Settle With the At-Fault Driver Before Making a UIM Claim?

 

Be careful here. If you accept a settlement from the at-fault driver’s insurer without telling your own insurer first, you can end up waiving your UIM claim entirely, even if you still have a big gap in your damages. 

Most policies require you to notify your insurer before you settle, so it gets a chance to either consent or step in and pay you the settlement amount itself to preserve its own right to go after the at-fault driver later. This is called subrogation. 

Skip that step, and your insurer may argue you gave your UIM rights the moment you signed the release. So before you cash any check from the other side, call your insurer and ask what its consent-to-settle process requires.

It’s a quick call that can save a claim worth far more than the settlement you’re being offered. 

Wrapping Up

 

If the driver who hit you has no insurance, or not enough, you are likely still covered. Utah adds UM and UIM coverage by default unless you signed a written rejection.

PIP and UM/UIM coverage serve different purposes. Utah PIP provides at least $3,000 per person for specified medical expenses, along with certain income-loss and other benefits. 

The $3,000 figure also appears in Utah’s rules concerning when an injured person may pursue general damages, but that limitation does not apply to an uninsured motorist claim. 

UM or UIM coverage is governed separately by the applicable statute and your insurance policy. Pull your declaration page, keep your records, and talk to someone before you sign anything. 

FAQ - Frequently Asked Questions

How long do I have to file a UM or UIM claim in Utah?

Utah generally allows four years to bring a UM claim. UIM claims are also subject to a four-year deadline, but the time period may begin when the final liability settlement payment is made. Missing a deadline can affect your right to recover compensation.

Yes, Utah policies include UM and UIM unless you reject them in writing. Ask your agent for your signed forms if you are not sure you ever waived them.

At least $3,000 per person in medical benefits, with other statutory benefits also outlined in the law. PIP pays first, regardless of fault, to get you treated.

No. The threshold rule does not apply to uninsured motorist claims. You can pursue non-economic damages under UM without meeting the threshold.

Utah restricts interpolicy stacking. The coverage on the car you were in is primary. You may reach one other policy in limited cases, but broad stacking is barred.

Yes. Utah law lets claimants elect binding arbitration or go to court. Arbitration has set rules for discovery, fees, and timing, and filing it preserves your deadline.

Utah insurers must offer uninsured motorist coverage, but the drivers might reject it in writing. If you have never signed a waiver, your policy most likely includes the UM coverage.

Yes, definitely! Utah uninsured motorist coverage may be applied to hit-and-run accidents. However, the claimants mostly need independent evidence to prove the phantom vehicle existed, especially when there wasn’t any physical contact.

Yes, most of the time. Say you weren’t even driving, just riding along when an uninsured driver hit the car. You can still usually file a claim under that car’s UM coverage or your own policy if you have got one. Pedestrians get covered too. Walking across the street, the uninsured driver clips you, and you can typically go through your own auto policy or theirs if you don’t have a car in the picture at all. Utah Code §31A-22-305 lays out who actually counts as covered, so it’s still worth checking your policy’s actual wording instead of assuming.

Not supposed to, technically, since it wasn’t your fault. But plenty of people say their rates crept up anyway after a claim like this, depending on the insurer. The best move is just to call and ask before you file, so nothing catches you off guard at renewal.

Sometimes, yeah, it’s called stacking, and Utah lets you do it. A few things decide whether it works for you.

  • How many cars do you have to insure?
  • Whether your policy allows stacking or specifically blocks it.
  • Whether you’re stacking across cars on one policy or across separate policies entirely.

Your declarations page won’t always spell this out clearly, so honestly, just call your agent and ask straight up. 

Nope, different things entirely, and you can carry both at once. Gap insurance covers what’s left on your car loan if the car gets totaled and the payout doesn’t cover the balance. UM/UIM is about you, your medical bills, and your lost income if the other driver can’t pay for what they did. One’s about the car. The other’s about you.

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