Utah's No-Fault Tort Threshold: When You Can Claim Pain and Suffering
General information, not legal advice. Read the full disclaimer.
Short answer: Utah is a no-fault auto insurance state, and its no-fault law limits who can bring a claim for general damages (pain and suffering, emotional distress, loss of enjoyment) after a car accident. Under Utah Code § 31A-22-309, a person who has — or is required to have — personal injury protection (PIP) coverage can sue for general damages only if the accident caused one or more of the following: death, dismemberment, permanent disability or permanent impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. Meeting any one is enough.
Who this guide is for
Utah drivers, passengers, and cyclists injured in an auto accident who want to know whether they can seek compensation beyond medical bills and lost wages — and why a "minor" injury may not support a pain-and-suffering claim.
What the threshold actually covers
The threshold limits claims for general damages — the non-economic harm of an injury. It doesn't stop you from using your own PIP benefits, and it doesn't prevent a claim for economic losses beyond what PIP pays. The statute says it doesn't apply to a person making an uninsured motorist claim.
The six ways to meet the threshold
| Trigger | What to know |
|---|---|
| Death | Wrongful death claims have their own rules; see Utah Wrongful Death Claims |
| Dismemberment | Loss of a limb or body part |
| Permanent disability or impairment | Must be based on objective findings — such as imaging, exam results, or testing — not just reported pain |
| Permanent disfigurement | Scarring or lasting changes in appearance |
| A bone fracture | A single broken bone is enough; it doesn't have to be permanent |
| Medical expenses over $3,000 | Medical expenses incurred for the injured person, exceeding $3,000 |
Because a bone fracture alone is enough, many significant injuries clear the threshold without anyone having to prove permanence. Some summaries of Utah's no-fault law leave the fracture trigger out, so check the statute's list rather than relying on a shortened version.
How PIP benefits fit in
PIP pays regardless of who was at fault. Under § 31A-22-307, PIP coverage includes:
- Medical and related services up to the policy's PIP limit (the minimum required is not less than $3,000 per person): medical, surgical, X-ray, dental, rehabilitation (including prosthetics), ambulance, hospital, and nursing services.
- Lost income: the lesser of $250 per week or 85% of lost gross income and earning capacity, for up to 52 consecutive weeks, with no payment for the first three days unless the disability lasts more than two consecutive weeks.
- Household services: up to $20 per day for up to 365 days for services you'd normally have performed for your household.
- Funeral, burial, or cremation: up to $1,500 per person.
- Death benefit: $3,000 payable to heirs.
Your PIP benefits are reduced by workers' compensation benefits you receive or are entitled to, and by certain federal benefits for active-duty military service (§ 31A-22-309(3)). The statute says primary PIP coverage comes from the policy insuring the vehicle in use during the accident.
When PIP should pay
PIP benefits are paid monthly as expenses are incurred. A benefit is overdue if the insurer doesn't pay within 30 days after receiving reasonable proof of the expense and its amount. Overdue benefits bear interest at 1½% per month, and if you have to sue to collect overdue PIP benefits, the insurer must also pay a reasonable attorney's fee.
Why the $3,000 medical-expense trigger matters less than it seems
An ER visit with imaging can approach $3,000 quickly, but a claim built only on medical bills should be documented carefully: which expenses count, whether they were reasonable, and whether they were actually incurred. See Utah PIP Coverage: What No-Fault Insurance Actually Covers.
How this fits with a fault-based claim
Meeting the threshold lets you pursue the at-fault driver for general damages. Utah's comparative fault rules still apply: a person seeking recovery whose fault is 50% or more can't recover. See Utah's Comparative Fault Rule and How Does a Personal Injury Claim Actually Work in Utah?.
Frequently asked questions
Do I need a broken bone to claim pain and suffering in Utah?
No. A fracture is one of six ways to meet the threshold; permanent impairment based on objective findings, permanent disfigurement, dismemberment, death, or more than $3,000 in medical expenses also qualify.
Does the threshold apply to a claim against my own uninsured motorist coverage?
The statute says the threshold doesn't apply to a person making an uninsured motorist claim.
Is the $3,000 PIP minimum the same number as the $3,000 medical-expense trigger?
They're separate. The PIP minimum is the least medical coverage a policy must include; the $3,000 trigger is one way to qualify for general damages.
Does PIP pay if I caused the accident?
Yes. PIP is no-fault and pays regardless of fault.
What if my insurer is slow to pay PIP?
Benefits are overdue 30 days after reasonable proof, with 1½% monthly interest and attorney fees if you have to sue.