Hit by an Uninsured Driver in Utah? Here Are Your Options

Being hit by an uninsured or underinsured driver is one of the most frustrating situations an accident victim can face. Utah law requires all drivers to carry liability insurance, but an estimated one in eight drivers nationwide is uninsured. When the at-fault driver has no insurance, your own uninsured motorist (UM) coverage becomes your primary source of compensation.

Uninsured Motorist Coverage in Utah

Utah requires insurance companies to offer uninsured motorist (UM) and underinsured motorist (UIM) coverage to every policyholder. You may have declined this coverage when you purchased your policy, but if you accepted it, UM/UIM steps in when the at-fault driver has no insurance or not enough insurance to cover your damages.

UM coverage pays for:

• Medical expenses
• Lost wages
• Pain and suffering
• Property damage (in some policies)

Underinsured Motorist (UIM) Claims

If the at-fault driver has insurance but their policy limits are lower than your total damages, your UIM coverage covers the gap. For example, if you have $100,000 in damages and the at-fault driver carries only $25,000 in liability coverage, your UIM policy can cover the remaining $75,000 up to your policy's UIM limit.

Filing a UM/UIM Claim Against Your Own Insurer

Filing a UM or UIM claim means filing against your own insurance company. Insurers treat these claims like any other liability claim and will investigate, dispute damages, and attempt to minimize the payout. Having an attorney handle the claim prevents the insurer from taking advantage of the situation.

Hit-and-Run Accidents

If the driver who hit you fled the scene and cannot be identified, Utah law treats the unidentified driver as an uninsured motorist. You can file a UM claim with your own insurance company. Utah generally requires that there be physical contact between vehicles for a UM hit-and-run claim, though exceptions exist.

Other Options When the Driver Is Uninsured

In addition to UM coverage, you may have other options:

• Personal injury lawsuit: You can sue the uninsured driver personally, though collecting a judgment against someone with no assets can be difficult.
• MedPay: Medical payments coverage on your own policy pays regardless of fault or whether the other driver had insurance.
• Health insurance: Your health insurance can cover medical costs while your UM claim is being processed.

Talk to a Utah Personal Injury Lawyer

BAM Injury Law handles uninsured and underinsured motorist claims throughout Utah. Attorney Kigan Martineau is experienced in negotiating UM and UIM claims with insurers who undervalue damages. The firm works on a contingency fee basis. Call (801) 839-5652 or visit our Utah car accident lawyer page for a free case evaluation.