UNINSURED MOTORIST CLAIMS IN UTAH
Clarifying Utah’s General Damages Threshold in Car Accident Cases
Question Recap: Does Utah’s general damages threshold apply in car accidents where the other driver was uninsured or fled the scene?
Answer: No, Utah’s general damages threshold does not apply in situations where the other driver did not have insurance or ran from the scene (hit-and-run).
Explanation
In car accidents where the at-fault driver is insured, Utah law requires claimants to meet certain criteria before pursuing general damages (such as pain and suffering). This is outlined in Utah Code § 31A-22-309, which states that to maintain a claim for general damages, one must demonstrate:
- Death
- Dismemberment
- Permanent disability or impairment based on objective findings
- Permanent disfigurement
- Bone fracture
- Medical expenses exceeding $3,000
These conditions are known as the “threshold” requirements and must be met for the claimant to assert general damages.
Exception for Uninsured and Hit-and-Run Cases
Subsection (1)(b) of Utah Code § 31A-22-309 clarifies that these limitations do not apply to uninsured motorist claims. This means if you are making a claim under your own uninsured motorist coverage—whether the other driver did not have insurance or fled the scene—the general damages threshold does not need to be met. This provision allows individuals involved in accidents with uninsured or hit-and-run drivers to pursue compensation for pain and suffering without having to meet the specific conditions listed under Subsection (1)(a).
Key Takeaway
In Utah, while the threshold for asserting general damages applies when dealing with insured drivers, it is waived for cases involving uninsured motorist claims or hit-and-run incidents. This exception ensures that victims of accidents involving uninsured drivers or those who flee the scene are not restricted from pursuing rightful compensation for non-economic damages.