How to File a Third-Party Auto Insurance Claim in Utah After Someone Else Hits You
General information, not legal advice. Read the full disclaimer.
Short answer: After a Utah crash you can file a first-party claim with your own insurer (for coverages like PIP, collision, and UM) and a third-party claim with the at-fault driver's insurer. In a third-party claim you have no contract with that insurer, and its primary obligation is to its own policyholder. The Utah Insurance Department says the at-fault insurer must provide a substantive response within 15 days of a request and accept or deny the claim within 30 days (unless the investigation can't reasonably be finished in that time). You don't pay a deductible, and bodily injury claims generally aren't settled until you've finished medical treatment.
Who this guide is for
Utah drivers, passengers, cyclists, and pedestrians injured or damaged in a crash caused by someone else, who need to know how the claim process works.
Step 1: Use PIP first for medical bills
Injured passengers in your vehicle must first claim through your insurer. Personal Injury Protection (PIP) pays the first $3,000 per person of medical expenses (or higher if you bought more) before a claim goes to the responsible insurer. Beyond medical bills, PIP can pay lost income (the lesser of $250 per week or 85% for up to 52 weeks), household-service losses, and funeral benefits. See Utah's No-Fault Tort Threshold.
Step 2: Notify your own insurer
Contact your agent or insurer as soon as possible, cooperate fully, and keep notes of every conversation: dates, times, names, topics, and promises. Save receipts for towing, storage, and rental cars.
Step 3: File with the other driver's insurer
The at-fault insurer will investigate and offer a settlement if it decides its insured was legally responsible. The Utah Insurance Department says no law specifies exactly what you must provide, but the insurer needs enough to determine liability, the extent and amount of your damages, and whether they're related to the accident — and failing to cooperate "could deny your claim altogether." See Utah Insurance Adjusters and Recorded Statements.
Timelines the insurer must meet
Under Utah's claim-settlement rule (R590-190) the insurer must:
- acknowledge a notice of loss within 15 days (unless it pays within that time or reasonably explains the delay);
- give a substantive response within 15 days if you request one;
- generally decide whether to accept or deny within 30 days after it receives proof of loss, and tell you in writing if more time is needed; and
- send status letters every 45 days if an investigation stays open (that requirement doesn't apply if you have a lawyer or public adjuster).
See Utah Insurance Claim Deadlines: How Fast Must an Insurer Respond?.
How fault affects the offer
Utah follows comparative negligence: you can recover only if you're less than 50% at fault, and the settlement is reduced by your percentage. If the other driver is 80% at fault, an insurer might offer to pay about 80% of your damages. See Utah's Comparative Fault Rule.
Bodily injury claims
Insurers generally won't settle bodily injury claims until you have completed all medical treatment, which can take a long time. At settlement you'll be asked to sign a release for damages — meaning the amount offered is the only amount you'll receive from that driver and insurer. Be ready to accept the final amount before cashing the check or signing. See Utah Personal Injury Settlement Negotiation and Releases.
Property damage
The insurer may not refuse to pay an agreed property damage claim just because the bodily injury claim is still open. You don't pay a deductible when claiming against the other driver's insurer. See Utah Car Accident Property Damage Claims.
If you and the insurer disagree
There is no additional appraisal requirement. Your options include claiming under your own policy (if you have the coverages), suing the at-fault driver — in small claims court if the property damage is within the $20,000 limit — or seeking legal counsel. Only a judge or jury can decide fault or the amount owed. You can also contact the Utah Insurance Department's Property & Casualty Division about a claim-handling dispute.
Deadlines
The Department's page lists 4 years for bodily injury claims and says property damage claims have a shorter period; the statute now provides four years for motor-vehicle property damage claims too (Utah Code § 78B-2-307(3)). Claims involving a government entity have different deadlines. If you neither accept a final offer nor sue in time, you may lose your right to any settlement. See Utah Personal Injury Statute of Limitations and Utah Governmental Immunity Act Claims.
Frequently asked questions
Do I pay a deductible on a third-party claim?
No. You don't pay a deductible when claiming against the other driver's insurer.
How soon must the other insurer respond?
A substantive response within 15 days of a request, and generally a decision within 30 days.
Can I settle my property damage before my injuries?
Yes, an agreed property damage claim shouldn't be held up by an open bodily injury claim.
Do I have to use PIP first?
PIP pays medical expenses first up to its limit, including for passengers in your vehicle.