Utah’s Updated PIP Threshold for General Damages in Car Accident Claims
Utah’s legal landscape for car accident claims underwent a significant change on January 1, 2020, particularly concerning its PIP threshold (Personal Injury Protection). This revised threshold impacts how claimants pursue general damages, such as pain and suffering, following an accident. Below, we’ll break down what these changes mean for Utah drivers and car accident victims.
What is the “PIP Threshold” in Utah Car Accident Cases?
The PIP threshold is a legal standard that must be met before a claimant can seek general damages for non-economic losses like pain and suffering. If the threshold isn’t met, claimants are limited to recovering economic damages (e.g., medical bills, lost wages, property damage).
Previous PIP Threshold (Before 01/01/2020)
Under Utah Code Ann. 31A-22-309, prior to January 2020, the PIP threshold restricted claims for general damages unless one or more of the following conditions were met:
- Death
- Dismemberment
- Permanent disability or impairment based on objective findings
- Permanent disfigurement
- Medical expenses exceeding $3,000
This system left individuals with minor injuries, such as fractures or soft tissue injuries below $3,000 in medical expenses, unable to claim compensation for pain and suffering.
Revised PIP Threshold (Effective 01/01/2020)
The 2020 amendment introduced a critical change: bone fractures now qualify as an independent criterion for general damages. This means victims no longer need to meet the $3,000 medical expense requirement if they suffer a bone fracture.
Implications of the 2020 PIP Threshold Update
Immediate Eligibility for General Damages: Victims with bone fractures can now claim pain and suffering compensation, regardless of their total medical expenses.
Recognizing the Impact of Fractures: Bone fractures are often painful and life-altering but may not generate significant medical costs. The new law acknowledges this gap and ensures fairer treatment of accident victims.
Uninsured Motorist and Hit-and-Run Cases
The PIP threshold rules do not apply to uninsured motorist claims or hit-and-run cases. Victims in these scenarios remain eligible for general damages without meeting the conditions in Utah Code Ann. 31A-22-309.
Current PIP Threshold Requirements for General Damages (Post-01/01/2020)
As of January 1, 2020, claimants can seek general damages in Utah if they meet any of the following conditions:
- Death
- Dismemberment
- Permanent disability or impairment
- Permanent disfigurement
- Bone fracture
- Medical expenses exceeding $3,000
Practical Example of PIP Threshold Application
Scenario: You’re injured in a car accident, suffering a bone fracture with $2,500 in medical expenses.
- Outcome under Old Law: You couldn’t claim general damages because your medical expenses didn’t exceed $3,000.
- Outcome under New Law: You now qualify for general damages due to the bone fracture, regardless of your medical expenses.
Key Takeaway on Utah’s PIP Threshold
The 2020 amendment to Utah’s PIP threshold ensures broader eligibility for general damages, particularly for individuals with bone fractures. This change bridges the gap for accident victims who experience significant pain and suffering but don’t meet the previous $3,000 medical expense requirement.
Consultation and Legal Guidance
If you’ve been injured in a car accident and are unsure about your eligibility for general damages under Utah’s updated PIP threshold, consulting a qualified personal injury attorney is essential. They can provide the guidance needed to maximize your claim and ensure fair compensation.
Contact Utah car accident attorney Jake Gunter at (801) 373-6345 for a free consultation. With extensive experience in navigating personal injury claims, Attorney Gunter is ready to help you achieve a fair and reasonable settlement.
Learn More About Utah Accident Lawyer Jake Gunter 
For additional insights on Utah personal injury law and to get to know Jake Gunter better, check out these helpful videos:
- Meet Jake Gunter – Learn more about Jake Gunter’s background, experience, and dedication to helping clients throughout Utah.
- How to Choose a Utah Personal Injury Attorney – This video offers guidance on selecting the right personal injury attorney to ensure you receive effective representation.
- What Jake Gunter Does and Who He Represents – Discover the types of cases Jake Gunter handles and how he advocates for the rights of injured individuals statewide.
These resources will provide you with valuable information as you consider your legal options. For any questions or to schedule a free consultation, feel free to reach out to us directly.