Utah's Third-Party Auto Injury Arbitration Election: Caps, Deadlines, and the Trial De Novo Penalty
General information, not legal advice. Read the full disclaimer.
Short answer: Utah Code § 31A-22-321 lets a person injured in a motor vehicle accident elect to submit third-party bodily injury claims to binding arbitration after filing a lawsuit: the plaintiff must file a notice of election within 14 days after the complaint has been answered, while the case is still pending. Under the version effective May 6, 2026, the award is capped at $75,000 or the defendant's per-person bodily injury policy limit, whichever is less (in addition to PIP benefits and any property damage claim), and the plaintiff waives the right to a judgment against the defendant's personal assets, being limited to available insurance plus up to $15,000 above policy limits and costs if appealed. Either side can request a trial de novo within 20 days after the award, with cost consequences if the result isn't much better.
Who this guide is for
Utah drivers and passengers who have filed (or are considering) a lawsuit over a car accident and want to know whether the statutory arbitration election makes sense. This is a tactical decision that should be made with your lawyer; this guide explains the rules.
When the election is available
- The claim must be a third-party bodily injury claim from a motor vehicle accident — a claim against the at-fault driver, not your own insurer.
- The claimant must have previously and timely filed a complaint including that claim.
- The claimant must file a notice to submit the claim to arbitration within 14 days after the complaint has been answered, while the action is still pending.
The 2026 version refers to filing in "a court with jurisdiction under Title 78A" rather than only in district court. We only reviewed the current text and the pre-2024 version; whether the 2026 changes apply to your case depends on the accident and filing dates, so confirm with your attorney.
What you give up and get (current text)
| Feature | Rule |
|---|---|
| Award cap | $75,000 or the defendant's per-person bodily injury limit, whichever is less, in addition to PIP benefits and any property damage |
| Collection | The plaintiff waives a judgment against the defendant's personal assets; recovery is limited to available insurance, plus a maximum of $15,000 in excess of policy limits, and available costs if appealed |
| Underinsured motorist claim | Not prevented, and not limited by the $75,000 cap; no subrogation by the UIM carrier for a claim submitted to arbitration |
| Punitive damages | Can't be claimed in the arbitration or any later proceeding, even on trial de novo |
| Property damage | Not part of the arbitration unless the parties agree in writing |
| PIP reimbursement | Resolved between insurers |
| Arbitrator | A single arbitrator unless the parties can't agree within 90 days of the answer, in which case a three-arbitrator panel; costs are shared |
| Rules | The Utah Uniform Arbitration Act, with the Rules of Civil Procedure and Evidence applied liberally; discovery generally completed within 150 days; dispositive motions decided by the court first |
| Rescission | You can rescind the election within 90 days after electing and at least 30 days before a scheduled hearing — once only |
An award includes costs, the arbitration costs paid by the prevailing party, prejudgment interest, and post-judgment interest. A first-party claim under your own policy can be brought later.
The trial de novo
Either party can request a trial de novo — a new trial in court — by filing a notice and serving the other side within 20 days after service of the arbitration award, and must also file a copy with the Insurance Commissioner. A party who requests a trial de novo and doesn't do significantly better pays the other side's costs:
- Plaintiff who requests it and doesn't obtain a verdict at least $5,000 and at least 30% greater than the arbitration damages awarded is responsible for the other side's costs.
- Defendant who requests it and doesn't obtain a verdict at least 30% less than the damages awarded pays the other side's costs.
Cost awards include Rule 54(d) costs, expert and deposition costs, arbitration costs, and interest as described in the statute. The court may award attorney fees if a trial de novo was requested to harass, delay, or abuse the process. On a trial de novo, a defendant-requested trial can't produce a total award of more than $15,000 above per-person policy limits, and a plaintiff-requested trial can't produce a verdict above $75,000 or the per-person policy limits, whichever is less.
Why someone might elect arbitration — and why not
Possible advantages: a faster, cheaper path to resolution in cases where damages are modest and the at-fault driver has insurance; less litigation cost; a single decision-maker.
Possible disadvantages: capped recovery; no recovery above insurance (and only a $15,000 cushion); no punitive damages; a cost penalty if you appeal an award and don't improve substantially; less formal procedure. If your damages exceed the cap, or the defendant has significant assets or higher limits, electing arbitration could cost you.
Where this fits
This is one tool among several. See How Does a Personal Injury Claim Actually Work in Utah?, How a Utah Personal Injury Lawsuit Works, and Utah's Third-Party Auto Insurance Claim Process. For the underinsured motorist side, see Utah Uninsured and Underinsured Motorist Claims.
Frequently asked questions
Is arbitration mandatory in a Utah car accident case?
No. It's an election by the injured person under § 31A-22-321, subject to the deadline.
How long do I have to elect it?
14 days after the complaint has been answered, while the action is pending.
What's the maximum award?
Under the May 6, 2026 version, $75,000 or the defendant's per-person bodily injury limit, whichever is less, plus PIP and property damage.
Can I still use my underinsured motorist coverage?
Yes; the statute says it doesn't prevent a UIM claim, which isn't limited by the cap.
Can I appeal?
By requesting a trial de novo within 20 days of service of the award, with the cost consequences described above.