Utah PIP Coverage: What No-Fault Insurance Actually Covers
General information, not legal advice. Read the full disclaimer.
Short answer: Utah's no-fault law requires auto policies to include personal injury protection (PIP), which pays certain accident-related expenses regardless of who caused the crash. Under Utah Code § 31A-22-307, PIP includes, up to the required amount (not less than $3,000 per person), the reasonable value of necessary medical, surgical, X-ray, dental, rehabilitation (including prosthetic devices), ambulance, hospital, and nursing services; lost income of the lesser of $250 per week or 85% of the loss of gross income and earning capacity for up to 52 consecutive weeks; a household-services allowance of up to $20 per day for up to 365 days; funeral, burial, or cremation benefits up to $1,500; and a $3,000 death benefit payable to heirs. PIP benefits are overdue if not paid within 30 days after the insurer receives reasonable proof of the expenses (§ 31A-22-309(5)).
Who this guide is for
Anyone in Utah trying to understand what their auto policy's PIP coverage does, who it covers, and how it fits with a claim against the at-fault driver.
What "no-fault" means
PIP pays from your own (or the vehicle's) policy regardless of fault, so initial medical bills and some lost income can be handled without waiting for a fault determination. It also affects the liability claim: a person with PIP coverage generally can't sue for general damages (like pain and suffering) unless they meet a threshold such as a bone fracture, permanent impairment based on objective findings, or more than $3,000 in medical expenses. See Utah's No-Fault Tort Threshold and Utah Whiplash and Soft-Tissue Injury Claims.
What PIP pays (statutory minimums)
| Benefit | Statutory description (§ 31A-22-307(1)) |
|---|---|
| Medical | Reasonable value of necessary medical, surgical, X-ray, dental, rehabilitation, ambulance, hospital, and nursing services, up to the coverage amount (not less than $3,000 per person) |
| Lost income | The lesser of $250 per week or 85% of loss of gross income and earning capacity from inability to work, for up to 52 consecutive weeks; generally not paid for the first three days of disability unless disability lasts more than two consecutive weeks |
| Household services | Up to $20 per day for up to 365 days for services the injured person would have performed for the household, with a similar waiting period |
| Funeral | Up to $1,500 per person |
| Death benefit | $3,000 to the person's heirs |
Policies can provide more than the minimum; the statute says nothing prohibits coverage greater than required. Medical expenses include nonmedical remedial care under a recognized religious method of healing. "Reasonable value" is set using a relative value study by the Insurance Commissioner; in disputed cases a court may designate an impartial medical panel.
Who is covered
Under § 31A-22-308, PIP benefits may go to:
- the named insured when injured in an accident involving any motor vehicle (with an exception for injuries from using the named insured's own vehicle not insured under the policy);
- resident relatives of the insured's household (by blood, marriage, adoption, or guardianship), with the same exception; and
- any other person injured while occupying a motor vehicle described in the policy with the named insured's consent, or a pedestrian injured in Utah in an accident involving the described vehicle.
Exclusions
An insurer may only exclude PIP benefits for the specific situations listed in § 31A-22-309(2), including injury while occupying another vehicle owned by or furnished for the regular use of the insured or a resident relative and not insured under the policy; injury while operating the insured vehicle without consent; injury where the person intentionally caused injury or was committing a felony; injury from use of a vehicle located for use as a residence; and war and nuclear hazards.
Coordination with other benefits
PIP benefits are reduced by workers' compensation benefits the person receives or is entitled to receive and by amounts from the U.S. military due to active duty (§ 31A-22-309(3)). Where the injured person is covered under more than one policy, primary coverage is given by the policy insuring the vehicle in use (§ 31A-22-309(4)). If the at-fault person's insurer would be liable for injuries for which another insurer paid PIP, insurers resolve reimbursement between themselves by binding arbitration (§ 31A-22-309(6)), and there is no reimbursement if the at-fault party's insurer has tendered its policy limit.
If PIP isn't paid on time
Benefits are paid monthly as expenses are incurred and are overdue if unpaid 30 days after reasonable proof. Overdue amounts bear interest at 1½% per month, and the person entitled may sue in contract; if the insurer is required to pay overdue benefits, it also pays a reasonable attorney's fee to the claimant (§ 31A-22-309(5)).
Why $3,000 often isn't enough
A single emergency visit with imaging can use up much of a $3,000 benefit. Medical expenses beyond PIP can be covered by health insurance, a claim against the at-fault driver (if the threshold is met), or out of pocket. Ask your insurer about higher PIP limits when you buy or renew. Also see Utah's Minimum Auto Insurance Requirements and Utah Uninsured and Underinsured Motorist Claims.
Frequently asked questions
Do I have to use PIP before suing the at-fault driver?
PIP is the first source for your medical bills and lost income regardless of fault; a liability claim for general damages requires meeting the statutory threshold.
Does PIP cover passengers?
It can cover persons occupying the described vehicle with the named insured's consent, and pedestrians injured in Utah in an accident involving the described vehicle, subject to the statute and policy.
Can I waive PIP?
The statute allows waiving only the loss-of-gross-income benefit, for the named insured and spouse, under narrow conditions, by written statement; confirm current rules with your insurer.
What if my insurer is slow?
PIP is overdue after 30 days from reasonable proof, with 1½% monthly interest and attorney's fees if you have to sue and win.