Utah Car Accident Laws: No-Fault, PIP, Tort Threshold, and Your Claim

Utah is a no-fault (PIP) state under Utah Code 31A-22-302, meaning your own Personal Injury Protection pays your medical bills and lost wages first after a crash regardless of who caused it. To sue the at-fault driver for pain and suffering, your injuries must cross the statutory tort threshold in Utah Code 31A-22-309. Fault is then apportioned under Utah's modified comparative negligence rule (50% bar), so you recover only if you are less than 50% at fault.

Is Utah a no-fault or at-fault state?

Utah is one of the 12 traditional no-fault states and has operated a mandatory PIP system under Title 31A, Chapter 22 of the Utah Code since the 1970s. Every motor-vehicle liability policy covering a passenger vehicle (with limited exceptions for motorcycles, off-highway or street-legal ATVs, trailers, and semitrailers) must include Personal Injury Protection coverage. After any covered crash, the injured person's own PIP insurer pays first for medical bills, lost wages, household services, and related costs without any inquiry into who caused the accident.

Utah is a true mandatory no-fault state, not a choice or add-on state. The only states that permit drivers to elect whether to stay in the no-fault system or opt into traditional tort liability are New Jersey, Pennsylvania, and Kentucky. In Utah, the PIP obligation is automatic and cannot be waived on a required policy. Because PIP is mandatory and a statutory tort threshold in Utah Code 31A-22-309 bars suits for general (pain and suffering) damages below the threshold, the no-fault framework governs how virtually every Utah crash is initially handled.

The no-fault system does not eliminate your right to sue, but it restricts it. Under 31A-22-309(1)(a), a person covered by PIP may not bring a tort claim for general (non-economic) damages unless the injury rises to one of the threshold categories or medical expenses exceed $3,000. Economic losses such as medical bills above the PIP cap may be recovered in a lawsuit without meeting the threshold. The threshold gates only pain, suffering, and other non-economic damages. Notably, the threshold does not apply to uninsured-motorist claims under 31A-22-309(1)(b), so general damages remain available against uninsured drivers even for minor injuries.

Utah's tort threshold: verbal categories and the $3,000 monetary trigger

Utah Code 31A-22-309 creates a dual threshold that combines a verbal serious-injury list with a monetary medical-bill trigger. Meeting either path is enough to step outside the no-fault system and bring a third-party tort claim for pain and suffering. The two paths work as follows.

The verbal/injury path is met if the injured person sustained one or more of these categories: (i) death; (ii) dismemberment; (iii) permanent disability or permanent impairment based on objective findings; (iv) permanent disfigurement; or (v) a bone fracture. These categories do not require any minimum dollar amount of treatment. A broken bone from a low-speed fender-bender still satisfies the verbal threshold even if medical bills are modest.

The monetary path is met if the injured person incurred more than $3,000 in reasonable medical expenses. Because Utah's mandatory minimum PIP benefit covers the first $3,000 of medical costs, a claimant who exhausts the PIP medical minimum has by definition also crossed the monetary threshold and may proceed with a pain-and-suffering claim against the at-fault driver. This linkage between the PIP floor and the monetary threshold is deliberate: it means most seriously injured claimants who exhaust basic PIP are automatically positioned to sue for general damages.

How fault is shared: Utah's negligence rule

Utah follows modified comparative negligence with a 50% bar under Utah Code 78B-5-818. Under this rule, a plaintiff who is partly at fault for a crash can still recover damages, but only if their share of fault is less than 50%. Once you reach 50% or more at fault, you are completely barred from any recovery. If you are less than 50% at fault, your total damages are reduced proportionally by your share.

For example, if a jury finds you 30% at fault and the other driver 70% at fault, and your total damages are $100,000, you recover $70,000. If the jury finds you exactly 50% at fault, you recover nothing. Utah's 50% bar is more restrictive than the 51% bar used in states like Illinois, where a plaintiff is barred only when their fault is more than 50% of the proximate cause, so a plaintiff found exactly 50% at fault there still recovers half of their damages (735 ILCS 5/2-1116). Utah is more restrictive still than pure comparative negligence states such as California or New York, which never bar recovery regardless of fault level. Fault is determined by the jury based on the evidence, including police reports, witness testimony, traffic camera footage, and accident reconstruction.

Minimum car insurance in Utah

Utah requires every motor vehicle registered in the state to carry minimum liability coverage before it can be lawfully operated on public roads. Under Utah Code 31A-22-304, for policies issued or renewed on or after January 1, 2025, the minimum limits are $30,000 bodily injury per person, $65,000 bodily injury per accident, and $25,000 property damage (30/65/25). A combined single limit of $90,000 is an alternative to the split limits. Note that the per-accident bodily injury figure of $65,000 is not the more typical double of the per-person amount; it is a specific legislative figure set when the limits were updated.

Mandatory PIP coverage is also required on every covered policy. The minimum PIP benefit under Utah Code 31A-22-307 includes at least $3,000 per person for medical, surgical, X-ray, dental, rehabilitation, ambulance, hospital, and nursing expenses; lost income at the lesser of $250 per week or 85% of gross weekly income for up to 52 weeks (with a 3-day waiting period); a household-services allowance of up to $20 per day for up to 365 days; a funeral, burial, or cremation benefit of up to $1,500; and a $3,000 death benefit to heirs. Deductibles are not permitted on required PIP coverages.

Uninsured/underinsured motorist coverage (UM/UIM) is not mandatory in Utah but must be offered at your liability limits. Under Utah Code 31A-22-305(5)(a), you may reject UM coverage only by signing an insurer-provided written form that explains the coverage's purpose; the rejection remains effective until you request coverage in writing. Default UM limits equal your policy's liability limits unless you sign an acknowledgment form electing lower limits. UM may not be sold below the 31A-22-304 minimum bodily-injury limits. UIM coverage under 31A-22-305.3 (most recently amended effective May 7, 2025) is similarly offer-and-reject-in-writing. Stacking of UM coverage across multiple vehicles is generally prohibited.

How long you have to file: the statute of limitations

The personal-injury statute of limitations for auto tort claims in Utah is 4 years under Utah Code 78B-2-307(4). The clock generally starts on the date of the accident. Four years is a longer window than the 2- or 3-year deadlines found in many other states, giving injured Utahns more time to evaluate their injuries, complete treatment, and decide whether to pursue litigation.

Wrongful-death claims carry a shorter deadline: 2 years from the date of death under Utah Code 78B-2-304. The wrongful-death clock may start on a different date than the accident date if the injured person survived for a period after the crash. First-party PIP and UM/UIM contract claims also carry a 4-year limitations period measured from the inception of loss, per Utah Code 31A-22-307(7) and 31A-22-305(11).

Even with a 4-year window, waiting to act creates real problems. Witnesses' memories fade, vehicles are repaired or sold, and electronic data from event data recorders may be overwritten. If your injuries meet the tort threshold and you are considering a lawsuit, consulting an attorney well before the deadline allows time for investigation and pre-litigation demand negotiations. Claims against Utah government entities (the state, counties, municipalities) are subject to a separate 1-year notice requirement under the Governmental Immunity Act, Utah Code 63G-7-402, and missing that notice period can permanently bar claims against public defendants regardless of the civil-court deadline.

For more on Utah's civil limitation rules, see our Utah statute of limitations page.

What a Utah car accident claim is worth

The value of a Utah car accident claim depends first on whether your injuries cross the tort threshold in Utah Code 31A-22-309. If they do not, your practical recovery is limited to economic losses above the PIP cap (the portion of medical bills, lost wages, and related costs that exceed what mandatory PIP already paid), which matters mainly in cases involving very high medical costs or prolonged lost income. If your injuries do clear the threshold (either because of a bone fracture, permanent impairment, or more than $3,000 in medical expenses), non-economic damages including pain and suffering, emotional distress, and loss of enjoyment of life become available, and those can be substantial in serious cases.

Economic damages recoverable in a tort claim include medical expenses beyond PIP, future medical care, lost earnings above PIP's 52-week / $250-per-week cap, future loss of earning capacity, and other out-of-pocket losses. Once total damages are calculated, Utah's modified comparative negligence rule reduces your recovery by your percentage of fault if you are below the 50% bar. Available insurance sets a further practical ceiling: a defendant with only 30/65/25 minimum limits may not be able to fully compensate a seriously injured plaintiff, making your own UIM coverage a critical safety net when the at-fault driver's policy is insufficient. Punitive damages are available in egregious cases such as drunk driving or intentional misconduct, but require a high evidentiary standard and are relatively rare.

Use our Utah car accident settlement calculator to model how PIP, the tort threshold, comparative fault, and insurance limits interact for your specific situation.

What to do after a car accident in Utah

Taking the right steps after a Utah crash protects both your health and your rights under the no-fault and tort systems.

Stop and secure the scene. If anyone was injured or killed, Utah Code 41-6a-401.3(2) requires you to stop immediately at the scene, or as close to it as possible without obstructing traffic, and to remain there until you have met the duties in Utah Code 41-6a-401.7: give your name, address, and vehicle registration number, give your insurer's name and the agent's or provider's phone number, show your driver license on request, and render reasonable assistance to anyone injured. In a crash that damaged only vehicles or other property, the parallel stop-and-exchange duties are in Utah Code 41-6a-401. Leaving the scene of an injury crash is a class A misdemeanor under Utah Code 41-6a-401.3(4)(a). It rises to a third degree felony if the crash caused serious bodily injury or the driver has qualifying prior convictions (41-6a-401.3(4)(b)), and to a second degree felony if someone died or the driver has aggravated priors (41-6a-401.3(4)(c)). If anyone is injured, call 911 immediately and do not move injured persons unless there is an immediate danger from fire or traffic.

Report the crash when required. After a crash involving injury or death, Utah Code 41-6a-401.7(2) requires the driver to notify the nearest law enforcement agency immediately by the quickest means of communication available. In a property-damage-only crash, that notice duty applies when the apparent damage is $2,500 or more (Utah Code 41-6a-401(4)). Separately, under Utah Code 41-6a-402(1) the Department of Public Safety may require a driver involved in a crash causing injury, death, or apparent property damage of $2,500 or more to file a written accident report within 10 days of the request. A police report filed at the scene generally satisfies the on-scene notification requirement. Keep your copy of the crash report number; it is essential for both your PIP claim and any later tort claim.

Seek medical care promptly. For PIP purposes, documenting your injuries early is critical. Delayed treatment creates a gap in your medical records that insurers and defense attorneys use to argue your injuries were not caused by the crash. Prompt evaluation also creates contemporaneous evidence if your injuries later prove to meet the tort threshold.

Document everything at the scene. Photograph all vehicles, your injuries, road conditions, traffic signals, and skid marks. Collect the names, contact information, and insurance details of all drivers and witnesses. If your vehicle has a dashcam or if there are nearby traffic or business cameras, act quickly to preserve that footage before it is overwritten.

File your PIP claim with your own insurer. Report the crash to your own insurer as soon as reasonably possible and initiate your PIP claim for medical bills and lost wages. PIP pays without regard to fault, so you are entitled to those benefits regardless of whether the accident was your fault, the other driver's fault, or shared.

Do not give a recorded statement to the at-fault driver's insurer without consulting an attorney. The opposing insurer's adjuster is not on your side. In Utah's no-fault system, the interaction between PIP, the tort threshold, comparative negligence, and UM/UIM coverage is complex. An offhand comment can be used to minimize your injuries below the threshold or to inflate your share of fault above the 50% bar. If your injury may meet the threshold, have a Utah personal injury lawyer look at any settlement offer in a free claim review before you accept it (attorney advertising).

This article is general legal information, not legal advice. Car accident law varies by state and changes, and settlement values depend on the specific facts. For advice about a specific crash, consult a licensed attorney in Utah.

Related pages:

• Utah Car Accident Settlement Calculator
• Utah Hit-and-Run Laws
• Car Accident Laws by State: Hub
• Utah Statute of Limitations

More Utah Laws

• Utah Dashcam Laws
• Utah Hit and Run Laws
• Utah Slip and Fall Laws
• Utah Statute of Limitations
• Utah Workers Compensation Laws

Frequently Asked Questions

Is Utah a no-fault state?

Yes. Utah is a true no-fault (PIP) state under Utah Code 31A-22-302. After a crash, your own Personal Injury Protection coverage pays your medical bills and a portion of your lost wages first, regardless of who caused the accident. PIP is mandatory on covered motor-vehicle policies. You can still sue the at-fault driver for economic losses above the PIP cap and, if your injuries meet the tort threshold in 31A-22-309 (a bone fracture, permanent impairment, or more than $3,000 in medical expenses), for pain and suffering as well.

Is Utah an at-fault state?

No. Utah is a no-fault state, not an at-fault (tort) state. Unlike at-fault states where you first claim against the at-fault driver's insurer, Utah requires your own PIP to pay first. The at-fault driver can still be sued for economic losses above the PIP cap and for pain and suffering if Utah's tort threshold under 31A-22-309 is met. Fault still matters for comparative-fault reduction of damages once you are in the tort system.

What is the tort threshold to sue for pain and suffering in Utah?

Under Utah Code 31A-22-309(1)(a), you may sue the at-fault driver for general (pain and suffering) damages only if your injuries meet one of two paths: the verbal/injury path (death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, or a bone fracture) or the monetary path (more than $3,000 in medical expenses). Meeting either path is sufficient. The threshold does not apply to uninsured-motorist claims under 31A-22-309(1)(b).

What is the statute of limitations for a car accident in Utah?

Utah gives you 4 years from the date of the accident to file a personal-injury lawsuit under Utah Code 78B-2-307(4). Wrongful-death claims have a shorter 2-year window under 78B-2-304. First-party PIP and UM/UIM contract claims also carry a 4-year limit from inception of loss. Claims against Utah government entities require a 1-year notice of claim under the Governmental Immunity Act (Utah Code 63G-7-402), which runs independently and can expire well before the civil-court deadline.

Can I still recover if I was partly at fault in Utah?

Yes, if your share of fault is less than 50%. Utah follows modified comparative negligence with a 50% bar under Utah Code 78B-5-818. Your total damages are reduced by your percentage of fault. However, if you are found 50% or more at fault, you are completely barred from recovering any damages. Being exactly 49% at fault allows recovery of 51% of your damages; being exactly 50% at fault results in zero recovery.

What are the minimum car insurance requirements in Utah?

For policies issued or renewed on or after January 1, 2025, Utah requires minimum liability of 30/65/25 ($30,000 bodily injury per person / $65,000 per accident / $25,000 property damage) under Utah Code 31A-22-304. Mandatory PIP with a $3,000 medical minimum is also required. UM/UIM coverage must be offered at your liability limits but can be rejected or reduced in writing under Utah Code 31A-22-305 and 31A-22-305.3.

How much is my Utah car accident claim worth?

If your injuries do not meet the tort threshold, practical recovery is limited to economic losses above the PIP cap. If your injuries do meet the threshold (bone fracture, permanent impairment, or over $3,000 in medical bills), pain and suffering damages become available and can be significant in permanent-injury cases. Your total damages are then reduced by your share of comparative fault if you are below 50%. Available insurance limits, including UM/UIM coverage, further affect practical recovery. Use our Utah car accident settlement calculator to model your situation.