What Happens If the At-Fault Driver Has No Insurance in Utah?

Being hit by an uninsured driver is one of the most frustrating situations in a personal injury case. Your options in Utah depend on your own insurance coverage and the financial resources of the at-fault driver.

Your Options When the At-Fault Driver Is Uninsured

1. Uninsured Motorist (UM) Coverage Through Your Own Policy

UM coverage is optional in Utah, but if you carry it, it is typically your best and fastest path to recovery. Your own insurance company pays your medical bills, lost wages, and pain and suffering up to your UM policy limit. You do not have to sue the at-fault driver directly.

UM claims in Utah are still adversarial -- your insurer will attempt to minimize what it pays. An attorney can negotiate on your behalf against your own insurer just as they would against the at-fault driver's insurer.

2. Personal Injury Protection (PIP)

Utah requires a minimum of $3,000 in PIP coverage. PIP pays your medical bills first, regardless of who caused the crash. Once PIP is exhausted, UM coverage takes over if you have it.

3. Personal Lawsuit Against the Uninsured Driver

You can sue the at-fault driver personally and obtain a judgment. The practical limitation is that most uninsured drivers do not have significant assets from which to collect. A judgment is only valuable if the driver has wages to garnish, bank accounts to levy, or property to lien.

4. Medical Payments Coverage (MedPay)

If you carry MedPay on your auto policy, it pays medical expenses regardless of fault and regardless of whether the at-fault driver is insured.

What to Do Immediately After Being Hit by an Uninsured Driver

1. Call 911. Get a police report -- it is critical documentation for your UM claim.
2. Photograph everything: damage, license plates, the scene.
3. Get the driver's name and any identifying information even if they claim to have no insurance.
4. Notify your own insurance company of the crash immediately.
5. Do not give a recorded statement to your own insurer without consulting an attorney.

Utah Uninsured Driver Rate

Approximately 8% of Utah drivers are estimated to be uninsured (Insurance Research Council). On high-volume corridors like I-15 and State Street, the statistical probability of encountering an uninsured driver is real. Carrying UM coverage well above the minimum is one of the most important financial protections a Utah driver can have.

BAM Injury Law handles uninsured motorist claims throughout Utah. Call (801) 839-5652.