Filing a car accident lawsuit in Utah

What Utah law actually says about suing after a crash: the four-year deadline, no-fault PIP and the tort threshold you must clear, comparative fault, and the current insurance minimums.

ThatCarHitMe.com Editorial
Jun 22, 2026
6 min read

If you were hurt in a crash on I-15 or a snowy canyon road, Utah's rules decide what you can recover and how long you have to act. Utah is a no-fault state, which changes your first move after a wreck and sets a bar you have to clear before you can sue the other driver at all. Here is what the law actually says, section by section.

You have four years, but the clock is already running

Utah gives you four years from the date of the crash to file a personal injury lawsuit. There is no car-accident-specific deadline in the code, so courts apply the residual four-year limit in Utah Code 78B-2-307 to negligence claims.1 Miss it and the court will almost certainly dismiss the case, no matter how badly you were hurt.

Damage to your vehicle now carries the same four-year window. A 2023 amendment added subsection (3) to 78B-2-307, setting a four-year deadline for property damage to a motor vehicle or to personal property from a crash.1 That is longer than the general three-year property-damage limit in 78B-2-305 that still governs other kinds of property.2 If your car lost resale value after the repair, that is a separate claim worth pursuing; see diminished value in Utah.

No-fault means your own insurer pays first

Utah requires Personal Injury Protection (PIP) on nearly every auto policy, and PIP is what makes the state no-fault.34 Motorcycles are exempt. After a crash, PIP pays your early medical bills, part of your lost wages, and funeral costs regardless of who caused the wreck. The minimum medical benefit is $3,000 per person, and insurers cannot apply a deductible to it.3 Once you send proof of loss, your insurer has to pay the PIP claim within 30 days.5

That $3,000 floor is low. A single emergency room visit with imaging can blow through it, which is exactly why the next rule matters so much.

When you can actually sue the at-fault driver

Because Utah is no-fault, you cannot sue for pain and suffering after a minor crash. You have to clear a tort threshold first. Under Utah Code 31A-22-309, you can pursue a general-damages claim against the other driver only if you have more than $3,000 in medical expenses, or you suffered death, dismemberment, permanent disability, permanent impairment, permanent disfigurement, or a bone fracture.5 A broken bone alone opens the door even when the bills are modest.

How Utah splits the blame

Utah follows modified comparative fault with a 50 percent bar. Under 78B-5-818, your own share of fault reduces what you recover, and you are blocked entirely once your fault is as great as the combined fault of everyone you are suing.6 So at 40 percent at fault you still collect 60 percent of your damages; at 50 percent you collect nothing. Insurers know this rule cold and will push to shift blame onto you, which is why the police report and physical evidence matter from day one. You can order the official report through the Utah crash report page.

There is no cap on what a crash claim is worth

Utah does not cap damages in an ordinary car accident case. The only noneconomic-damages cap in Utah law is $450,000, and it applies solely to medical malpractice claims under 78B-3-410, not to auto negligence.7 Your recovery is limited by your proof and the available insurance, not by a statute.

Punitive damages are harder to reach. Normally you need clear and convincing evidence of willful and malicious conduct, or reckless indifference toward others, under 78B-8-201.8 There is one large exception, below.

If a drunk or drugged driver hit you

Two things change. First, that heightened punitive-damages standard does not apply when the person who hurt you was voluntarily intoxicated, so punitive damages are easier to pursue against a drunk driver than in a typical crash.8 Second, Utah's dram shop law lets you sue the bar, restaurant, or server that over-served the driver, served a minor, or served someone they knew was already impaired, under 32B-15-201.9 You can't collect punitive damages from the establishment itself, but its liability insurance can be a real second source of recovery.

The insurance that has to be there

Every Utah driver has to carry liability coverage. For policies issued or renewed on or after January 1, 2025, the minimums are $30,000 for injury to one person, $65,000 per accident, and $25,000 for property damage, written as 30/65/25.10 Before 2025 the minimums were 25/65/15, so a policy that hasn't renewed lately may still sit at the old, lower level.

Those limits run out fast when someone is seriously hurt, which is where your own uninsured and underinsured motorist coverage comes in. Utah Code 31A-22-305 requires UM and UIM on every auto policy, matched to your liability limits, unless you signed a written form on the insurer's own paperwork lowering or rejecting it.11 Check whether you have it before you assume the at-fault driver's thin policy is your only option.

Evidence angles specific to Utah

Distracted driving is often the fault story. Utah bars holding a phone to text, dial, browse, or watch video while driving under 41-6a-1716; hands-free, voice-activated, and GPS use are still allowed.12 It is primary enforcement, so an officer can pull a driver over for this alone. A first offense is a class C misdemeanor (up to $100), rising to a class B misdemeanor (up to $1,000 and 180 days in jail) if the driver caused serious injury or had a prior conviction within the last three years.12 A citation like that is strong evidence of negligence in your civil case.

For motorcycle crashes, Utah requires a helmet only for riders under 21 under 41-6a-1505; riders 21 and older can legally ride without one.13 Utah also permits limited lane filtering (not full lane splitting): a motorcycle may pass stopped traffic on a road posted 45 mph or less with two or more lanes in the same direction, as long as it stays under 15 mph, under 41-6a-704.14 That provision is currently in effect but scheduled to sunset on July 1, 2027, so check the date of your crash.

Weather is a genuine factor here. Utah is a snow state, and the Utah Department of Transportation tells drivers they must adjust their speed for ice, snow, and reduced visibility.15 "The road was slick" is not a defense. A driver who couldn't stop for the conditions can still be at fault, and comparative fault decides how the blame gets divided.

Getting help

If your bills cross the $3,000 tort threshold or a serious injury is involved, the claim is worth having a lawyer evaluate before you start trading numbers with the insurer. You can find one through the thatcarhitme.com legal directory.

This is general information about Utah law, not legal advice. For guidance on your specific situation, talk with a licensed Utah attorney.

Sources

  1. Utah Code 78B-2-307, Within four years (personal injury and motor vehicle property damage). https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S307.html

  2. Utah Code 78B-2-305, Within three years (general property damage). https://le.utah.gov/xcode/Title78B/Chapter2/78B-2-S305.html

  3. Utah Code 31A-22-307, Personal injury protection coverages. https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S307.html

  4. Utah Code 31A-22-302, Required motor vehicle insurance coverage. https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S302.html

  5. Utah Code 31A-22-309, Benefits, reimbursement, payment schedule, and tort limitations. https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S309.html

  6. Utah Code 78B-5-818, Comparative negligence. https://le.utah.gov/xcode/Title78B/Chapter5/78B-5-S818.html

  7. Utah Code 78B-3-410, Limitation of noneconomic damages in malpractice actions. https://le.utah.gov/xcode/Title78B/Chapter3/78B-3-S410.html

  8. Utah Code 78B-8-201, Punitive damages. https://le.utah.gov/xcode/Title78B/Chapter8/78B-8-S201.html

  9. Utah Code 32B-15-201, Dram shop liability. https://le.utah.gov/xcode/Title32B/Chapter15/32B-15-S201.html

  10. Utah Code 31A-22-304, Motor vehicle liability coverage minimums. https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S304.html

  11. Utah Code 31A-22-305, Uninsured and underinsured motorist coverage. https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S305.html

  12. Utah Code 41-6a-1716, Using a handheld wireless communication device while operating a moving vehicle. https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S1716.html

  13. Utah Code 41-6a-1505, Motorcycle and motor-driven cycle protective headgear. https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S1505.html

  14. Utah Code 41-6a-704, Overtaking and passing, motorcycle lane filtering. https://le.utah.gov/xcode/Title41/Chapter6a/41-6a-S704.html

  15. Utah Department of Transportation, winter weather driving information. https://prod-ut.ibi511.com/about/wtaInfo

About This Guide

Written by: ThatCarHitMe.com Editorial

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