Utah Uninsured and Underinsured Motorist Claims Explained

General information, not legal advice. Read the full disclaimer.

Short answer: Uninsured motorist (UM) and underinsured motorist (UIM) coverage pays you when an at-fault driver has no insurance or not enough. Under Utah Code § 31A-22-305, an "uninsured" vehicle includes one with no liability policy, one with lower limits than Utah requires (uninsured to the extent of the deficiency), an unidentified hit-and-run vehicle, a vehicle whose insurer disputes coverage for more than 60 days, and a vehicle whose insurer was declared insolvent. For new policies written on or after January 1, 2001, UM and UIM limits are set equal to the lesser of your liability limits or the maximum the insurer offers unless the named insured rejects or lowers the coverage in a signed acknowledgment that discloses the premium. The no-fault tort threshold does not apply to a UM claim, and a UM or UIM claim isn't limited by the $75,000 arbitration cap that applies in some third-party suits.

Who this guide is for

Utah drivers, passengers, and pedestrians injured by an uninsured, hit-and-run, or underinsured driver — and anyone deciding whether to keep or waive this coverage.

Who is a "covered person"

Section 31A-22-305(1) says covered persons include: the named insured; for claims arising on or after May 13, 2014, the named insured's dependent minor children; relatives by blood, marriage, adoption, or guardianship who live in the named insured's household; any person occupying or using a motor vehicle referred to in the policy or owned by a self-insured; and anyone entitled to recover damages because of injury to or death of those people (such as heirs in a wrongful death).

What counts as an uninsured vehicle

If an unidentified vehicle caused the accident without touching you or your vehicle, you must show the vehicle existed by clear and convincing evidence consisting of more than your own testimony (§ 31A-22-305(6)). See Utah Hit-and-Run Accident Claims.

Underinsured: when the at-fault driver's policy isn't enough

Section 31A-22-305.3 says an underinsured motor vehicle includes one covered by a liability policy that has insufficient liability coverage to compensate fully the injured party for all special and general damages. It excludes vehicles covered under the same policy that has your UIM coverage, uninsured vehicles, and vehicles owned or leased by the named insured, the named insured's spouse, or a dependent. A covered person who is injured in a vehicle owned or furnished by the covered person, a spouse, or a resident relative may recover UIM benefits only if that vehicle is described in the policy (or is a newly acquired or replacement vehicle).

Limits you'll have — and the waiver

• Default limits. For new policies written on or after Jan. 1, 2001, UM and UIM limits equal the lesser of the named insured's liability limits or the maximum UM/UIM limits the insurer offers, unless the named insured rejects or lowers the coverage by signing an acknowledgment form that is filed with the Insurance Department, provided by the insurer, waives the higher coverage, and discloses the additional premium.
• Floors. UM coverage can't be sold with limits below the minimum bodily injury limits under § 31A-22-304; UIM can't be sold with limits below $10,000 per person and $20,000 per accident (two or more persons).
• Rejecting UM. A named insured may reject UM coverage by an express writing on an insurer form that explains its purpose.
• Continuation. A selection or rejection continues with that insurer until you ask in writing to change it.
• Commercial transport. Businesses and school districts that transport people for payment must carry UM coverage of at least $25,000 per person and $500,000 per accident on vehicles used for that purpose, secondary to other insurance.

See Utah's Minimum Auto Insurance Requirements.

How UM/UIM interacts with other benefits

• PIP. The tort threshold doesn't apply to a UM claim, so you can claim general damages without meeting it. See Utah's PIP Coverage Explained.
• Workers' compensation. UM coverage doesn't duplicate workers' comp benefits, but the statute says UM coverage isn't subrogated by or reduced by the comp carrier's benefits, and the covered person is credited an amount under § 34A-2-106(5). See Utah Workers' Comp: Third-Party Claims.
• Health insurance. UM coverage may be reduced by health insurance subrogation only after the covered person has been made whole.
• No stacking. UM limits for two or more vehicles may not be added together for one accident, with an exception for certain covered persons who get the highest limits of any one vehicle.
• Primary vs. secondary. Coverage on the vehicle you're occupying is primary; your own selected coverage is secondary.
• Arbitration election. In a third-party suit, a UIM claim isn't limited by the statutory arbitration cap. See Utah's Third-Party Auto Injury Arbitration Election.

Exclusions

UM coverage may not be collected for injury sustained while committing a violation of Utah Code § 41-1a-1314, or while committing a felony, with limited exceptions for people under 18 (medical and funeral expenses) and for law enforcement officers in the course of duty.

Working with your own insurer

A UM or UIM claim is a claim against your own insurer, which still evaluates value and liability. Document your damages as you would in any injury claim, and see Utah Insurance Bad Faith Claims if the insurer acts unreasonably. Consider talking to a lawyer before giving a recorded statement. See Should You Give a Recorded Statement to the Adjuster?.

Frequently asked questions

Do I have to buy UM/UIM coverage in Utah?

Insurers must provide it at default limits, but a named insured can reject or lower it with the required signed form.

Does UM cover hit-and-run accidents?

Yes, an unidentified vehicle that left the scene counts as uninsured, with extra proof rules if there was no contact.

Can I use UM if I was partly at fault?

You must be legally entitled to recover from the at-fault driver, so comparative fault rules apply. See Utah's Comparative Fault Rule.

What if the other driver's insurer disputes coverage?

A vehicle whose insurer disputes coverage for more than 60 days is treated as uninsured.

Is UIM different from the arbitration cap?

Yes — a UIM claim under § 31A-22-305.3 isn't limited by the third-party arbitration cap.