What If You’re Hit by an Uninsured Driver in Utah?

Robert M. HenriksenAuto Accident Attorney

car accident injury attorney

In Utah, where drivers are legally required to carry insurance, it’s easy to assume everyone on the road is covered. Unfortunately, that’s not always true.

Thousands of drivers in Utah don’t have insurance. Some let their policies lapse. Others never got coverage in the first place. And if one of them crashes into you, you could be stuck with a long list of problems, all while trying to recover from the shock of the accident itself.

Utah’s insurance system is a bit different from other states, which makes situations like this even more confusing. However, once you understand the basics, you’ll have a better sense of what to do next, how to protect yourself, and when to call a lawyer for help.

Here’s what you need to know about crashes with an uninsured driver.

Utah’s Insurance Rules in Plain English  

Utah follows a “no-fault” insurance system, meaning after more accidents, you deal with your own insurance company first, no matter who caused the crash.

Every driver in Utah is required to carry minimum coverage, including:

  • $25,000 for injuries to one person
  • $65,000 total for injuries per accident
  • $15,000 for property damage
  • $3,000 in personal injury protection (PIP) to help cover medical costs right away

The $3,000 in PIP is meant to get minor accidents sorted out quickly, without waiting on the other driver’s insurance.

But if the other driver doesn’t have coverage, and you’re dealing with more than just a few scrapes, the no-fault system does not go very far. $3,000 doesn’t even begin to cover a hospital stay, surgery, or weeks of physical therapy.

That’s when you’ll need to look at other parts of your policy or consider your next legal steps.

Step One: Start with Your Own Insurance  

After any accident with an uninsured driver, your own car insurance is the first place to turn. Depending on your policy, here’s what might be available to you:

1) Personal Injury Protection (PIP)  

Your PIP coverage pays for immediate medical bills, like the ambulance ride, the ER visit, or urgent care. But as mentioned, it stops at $3,000: barely a fraction of what a serious injury can cost.

2) Uninsured Motorist (UM) Coverage  

While this is optional in Utah, most drivers add it to their policy. If you’re hit by an uninsured driver, UM coverage can help pay for:

  • Medical expenses beyond PIP
  • Lost wages
  • Pain and suffering

In case you don’t have UM coverage, you’re left in a tougher spot, which we’ll cover later.

3) Collision Coverage  

Collision coverage can help pay to fix your car, regardless of who was at fault. You’ll still have a deductible, but at least you’re not stuck covering the full repair bill yourself.

Step Two: When You Can Go Beyond No-Fault  

Utah’s no-fault system is mostly meant for smaller accidents. But if your injuries are serious, you can step outside that system and go after the other driver for more compensation.

You’re allowed to do this if:

  • Your medical costs go over $3,000
  • You have a permanent disability, disfigurement, or loss of body function

But here’s the problem: suing an uninsured driver doesn’t always get you far. Most people who don’t have insurance also don’t have the money or assets to cover a judgment. You might “win” the case, but collecting what you’re owed can be next to impossible.

What If You Don’t Have Uninsured Motorist Coverage?  

According to the Insurance Research Council, around 15.4% of drivers are uninsured. It sounds low on paper, but with hundreds of thousands of cars on the road, your chances of getting hit by one aren’t as small as you may hope.

If you don’t have uninsured motorist (UM) coverage, things get a lot trickier. Your options are more limited, and the financial burden can fall squarely on you.

You’ll still have a few protections in place:

  • PIP coverage will pay for the first $3,000 of your medical expenses
  • Collision coverage, if you have it, can help cover repairs to your vehicle (after your deductible)

Still, without uninsured driver coverage, you may end up paying out of pocket for expenses that should have been covered by the at-fault driver’s insurance.

What You Should Do Right After the Crash  

If you’ve just been hit by someone without insurance, here’s a step-by-step breakdown of what to do (even if you’re not hurt badly):

1. Call 911  

Always report the accident. A police report is essential when you’re dealing with uninsured drivers. It gives your insurance company proof that the other driver didn’t have coverage and documents the basic facts of the crash.

2. Get Medical Attention  

Even if you feel “okay,” let a paramedic check you out, or go to urgent care. Injuries like whiplash, concussions, or soft tissue damage can show up hours or days later.

3. Document Everything  

Take photos of both vehicles, the scene, skid marks, any road signs or traffic lights, and your injuries. If there are witnesses, get their contact information.

4. Notify Your Insurance Company  

Tell them you were hit by an uninsured driver. If you have UM coverage, this is when it kicks in. Be honest but careful with your statement: stick to the facts, and don’t speculate about fault or injuries until you’ve seen a doctor.

Will the Uninsured Driver Get in Trouble?  

Yes. Driving without insurance is illegal in Utah. If the police catch someone doing it, they could face:

  • They can be fined up to $400 (first offense)
  • Their license can be suspended
  • They might have to provide proof of insurance (SR-22) for three years
  • In some cases, their vehicle could be impounded

That doesn’t directly help you, but it does show why reporting the accident is important. It helps get unsafe drivers off the road and protects others down the line.

How a Lawyer Can Help in Uninsured Driver Cases  

Dealing with a car accident involving an uninsured driver can get complicated fast. You’re juggling medical bills, car damage, insurance paperwork, and more. The last thing you need is confusion or delays.

A local uninsured driver lawyer can help you with:

  • Reviewing your insurance policy
  • Helping you file a UM or UMPD claim
  • Negotiating with your insurer
  • Filing a lawsuit against the at-fault driver
  • Connecting you with medical providers who can treat you now and wait for payment later
  • Making sure you get fair compensation for pain, suffering, and lost income

Most auto accident attorneys in Utah work on a contingency basis. So, if your injuries go beyond the basics, it’s worth making that call.

Final Thoughts  

Getting hit by someone without insurance is a mess. It’s unfair, it’s frustrating, and it puts the burden on you when you’ve done everything right.

But you’re not out of options.

If you have UM or collision coverage, use it. If you’re hurt or overwhelmed, talk to a lawyer who knows Utah’s laws and can guide you through the process. And if you’re reading this before an accident happens, check your policy now and consider adding UM coverage.

At Henriksen & Henriksen, we’ve been helping Utah families for decades. We’ll deal with the insurance companies and fight to protect your rights, so you can focus on healing. Call us today for a consultation. 

Robert M. Henriksen

Robert M. Henriksen is a third-generation trial attorney and personal injury lawyer at Henriksen & Henriksen in Salt Lake City, Utah. He has been practicing law since 2006 and focuses on serious injury and wrongful death cases. Rob is a member of the Utah State Bar and has represented clients in complex litigation involving auto accidents, trucking collisions, and insurance disputes.

With a reputation for personal service and courtroom readiness, Rob brings over 15 years of hands-on legal experience to every case. He earned his J.D. from the University of Utah S.J. Quinney College of Law and is committed to helping Utah families recover the compensation they deserve after life-changing injuries.

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