A car accident attorney in Salt Lake City works inside Utah’s no-fault system: your own PIP coverage pays the first $3,000 of medical bills, and you can sue the at-fault driver for pain and suffering only after crossing the injury threshold in Utah Code 31A-22-309. You have four years to file an injury lawsuit, and you recover nothing if you are 50% or more at fault.
Last updated: October 2026
Key Takeaways
- Utah is a no-fault state. Your own personal injury protection (PIP) pays at least $3,000 in medical expenses plus limited lost wages, regardless of who caused the crash, and PIP has no deductible.
- You can claim general damages (pain, suffering, loss of enjoyment) against the other driver only if you have a death, dismemberment, permanent disability or impairment, permanent disfigurement, a bone fracture, or more than $3,000 in medical expenses under 31A-22-309.
- Utah’s modified comparative fault rule bars recovery if your share of fault equals or exceeds the defendants’ combined share, so 50% fault means zero.
- Salt Lake City Police crash reports cost $15 through the department’s GRAMA process. Utah Highway Patrol reports (most I-15, I-80, and I-215 crashes) come through the Department of Public Safety’s GovQA portal.
- Policies issued or renewed on or after January 1, 2025 must carry at least $30,000 per person in liability coverage. In serious cases, your own underinsured motorist coverage often decides the outcome.
How Utah’s No-Fault System Works After a Salt Lake City Crash
In Utah, medical bills do not start with the at-fault driver’s insurer. Utah requires every auto policy to include personal injury protection, and PIP is first-party coverage: you claim it from your own insurer, and the policy on the vehicle you were riding in is primary under 31A-22-309(4). Fault does not matter for PIP.
The statutory minimum PIP benefits are set by Utah Code 31A-22-307:
| PIP benefit | Statutory minimum | Fine print |
|---|---|---|
| Medical expenses | $3,000 per person | Medical, surgical, X-ray, dental, rehab, ambulance, hospital, nursing |
| Lost income | Lesser of $250 per week or 85% of gross income | Up to 52 consecutive weeks; first three days unpaid unless disability lasts more than two weeks |
| Household services | $20 per day | Up to 365 days, for chores you can no longer do |
| Funeral, burial, cremation | $1,500 per person | Paid to cover final expenses |
| Death benefit | $3,000 | Paid to the person’s heirs |
Two rules give you leverage over your own carrier. No deductible is allowed on the required coverages. And under 31A-22-309(5), PIP benefits are overdue if the insurer does not pay within 30 days after receiving reasonable proof of the expense. Overdue benefits carry interest at 1.5% per month, and if you have to sue to collect them, the insurer also owes your reasonable attorney fee. A car accident attorney in Salt Lake City will often send that statute to an adjuster sitting on medical bills.
PIP has a ceiling problem, though. Three thousand dollars covers an emergency room visit and not much more. Once PIP runs out, remaining bills go to health insurance or wait for the injury claim. Your PIP insurer recovers its payments from the at-fault driver’s insurer through mandatory arbitration between the two companies under 31A-22-309(6).
The 31A-22-309 Tort Threshold: When You Can Sue for Pain and Suffering
This is the single most important rule in a Utah car accident claim. If you have or are required to have PIP, you may not sue for general damages arising from a car accident unless you sustain at least one of the following:
- Death
- Dismemberment
- Permanent disability or permanent impairment based on objective findings
- Permanent disfigurement
- A bone fracture
- Medical expenses in excess of $3,000
In practice, the $3,000 medical expense prong is the one most Salt Lake City clients cross, often within the first few weeks of treatment. A fracture crosses it on day one. A soft tissue injury treated with two chiropractic visits usually does not.
“Medical expenses” here means the reasonable value of the care. Under 31A-22-307(2), reasonable value is measured against a relative value study that the Utah Insurance Department conducts using charges in the state’s most populous county, Salt Lake County, at the 75th percentile. Adjusters sometimes use that study to argue a bill was too high so the total falls under $3,000. Keep every bill and explanation of benefits.
One exception matters a great deal: under 31A-22-309(1)(b), the threshold does not apply to an uninsured motorist claim. If the driver who hit you had no insurance, you can pursue general damages through your own UM coverage even if your injuries do not meet the threshold.
Comparative Fault: How Blame Is Divided in Utah
Utah uses modified comparative fault under Utah Code 78B-5-818. You can recover only if the fault of the people you are claiming against (plus immune and nonparty actors the jury allocates fault to) exceeds your own. At 50% your recovery is zero. Below that, your damages are reduced by your percentage. A $100,000 verdict with 20% fault assigned to you becomes $80,000.
- Several liability only. Under 78B-5-820, each defendant pays only its own percentage of fault. If a jury puts 60% on an insured driver and 40% on an uninsured one, the insured driver’s carrier does not cover the uninsured share.
- Nonparty fault. A defendant can ask the jury to blame someone not in the lawsuit, such as a driver who left the scene, but must give notice no later than 90 days before trial under 78B-5-821(4).
- Phantom vehicles. A defense claim that an unidentified vehicle caused the crash requires clear and convincing evidence under 78B-5-818(4)(a), although that evidence may come from a single witness.
Getting Your Crash Report in Salt Lake City
Which agency wrote the report decides where you ask for it. Crashes on surface streets inside Salt Lake City limits are usually worked by the Salt Lake City Police Department. Crashes on the interstates, including I-15, I-80, and I-215, are usually worked by the Utah Highway Patrol. The officer’s card or case number from the scene tells you which agency it was.
| Agency | How to request | Cost and timing |
|---|---|---|
| Salt Lake City Police Department | Online GRAMA request form, or in person at the Public Safety Building, 475 South 300 East, Salt Lake City, UT 84111, Monday to Friday, 12 pm to 4 pm, with photo ID. Mail: P.O. Box 145497, Salt Lake City, UT 84114. | $15 per traffic accident report up to 50 pages, $0.25 per page after. Body camera video is $34 per 5 GB. Checks or money orders payable to Salt Lake City Corporation. |
| Utah Highway Patrol | The “Get Crash or Police Report” page at uhp.utah.gov routes all requests to the Department of Public Safety’s GovQA portal. You must create an account and verify your identity, then enter the date, location, and case number if known. | You receive an email when the report is ready to download. |
Utah law treats accident reports as protected records, but it gives the people in the crash a right to them. Under Utah Code 41-6a-404(3), the investigating agency must disclose the unredacted report to a person involved in the accident (not a mere witness), a person who suffered loss or injury, and that person’s agent, which includes an attorney formally engaged on the matter and the person’s insurer. On a written request, the agency must disclose the report and its accompanying data within 10 business days. “Accompanying data” is broader than most people realize: witness identities and statements, photographs, body camera and dash camera video, diagrams, and field notes.
Three limits are worth knowing. The agency may withhold the report if release would jeopardize an ongoing criminal investigation or prosecution, which is common in DUI and fatal crashes. The agency must tell you whether each vehicle was insured and the name of the insurer, which is often the fastest way to identify the other carrier. And under 41-6a-404(4)(a), the report itself generally cannot be used as evidence at trial. Its value is in what it leads to: witnesses, video, and the officer’s observations.
What to Do in the First Days After a Salt Lake City Crash
Utah law requires a driver in an injury crash to stop (41-6a-401.3), exchange information, render reasonable aid, and notify police (41-6a-401.7). Beyond those duties, these steps protect the claim:
- Get medical care and keep going. Gaps in treatment are the first thing an adjuster points to. They are also how a claim that should cross the $3,000 threshold ends up under it.
- Open your PIP claim with your own insurer. Give the facts; do not speculate about fault or long-term injuries.
- Request the crash report and the video. Body camera and dash camera footage are part of the accompanying data you are entitled to. Businesses near the intersection often overwrite their own camera footage within days or weeks, so a preservation letter goes out early.
- Be careful with the other driver’s insurer. That adjuster represents the person who hit you. Saying “I’m fine” on a recorded call two days after a crash becomes Exhibit A when your back pain turns out to be a herniated disc.
Uninsured and Underinsured Motorist Coverage
A car accident attorney in Salt Lake City spends a surprising share of every case on the client’s own policy. Under 31A-22-304(2), a policy issued or renewed on or after January 1, 2025 must carry at least $30,000 for bodily injury to one person, $65,000 per accident, and $25,000 in property damage, or a single $90,000 combined limit. When the at-fault driver carries only the minimum, the rest usually comes from your underinsured motorist coverage.
Uninsured motorist (UM) coverage
Under 31A-22-305, an “uninsured motor vehicle” includes more than a car with no policy. It also covers an unidentified vehicle that left the scene, a vehicle whose liability insurer disputes coverage for more than 60 days, and a vehicle whose insurer is declared insolvent. For a miss-and-run crash, where the other vehicle caused the accident without ever touching you or your car, you must prove that vehicle existed by clear and convincing evidence consisting of more than your own testimony. An independent witness or a camera usually makes or breaks those claims.
UM limits default to your liability limits unless you rejected or reduced them by signing a waiver form. You also choose how to resolve a UM claim: binding arbitration or a lawsuit, under 31A-22-305(9). And as noted above, the no-fault threshold does not apply to UM claims.
Underinsured motorist (UIM) coverage
Underinsured motorist coverage under 31A-22-305.3 applies when the at-fault driver has insurance, but not enough to compensate you fully. Utah UIM is “stacked on top” of the other driver’s liability coverage rather than offset by it. If the at-fault driver has $30,000 and you have $100,000 in UIM, up to $130,000 is potentially available for damages that large. A vehicle owned by you, your spouse, or a dependent is not an underinsured vehicle under your own policy.
| Coverage | Who it comes from | What it pays | Lawsuit deadline |
|---|---|---|---|
| PIP | Your own policy (the vehicle you occupied is primary) | Medical, wage, household, funeral, death benefits regardless of fault | 4 years from inception of loss, 31A-22-307(7) |
| Liability (bodily injury) | At-fault driver’s policy | Your full damages including pain and suffering, once the threshold is met | 4 years for personal injury, 78B-2-307 |
| Uninsured motorist | Your own policy | Damages the uninsured or hit-and-run driver would owe; no threshold | 4 years from inception of loss, 31A-22-305(11) |
| Underinsured motorist | Your own policy | Damages above the at-fault driver’s limits | 4 years from the date of the settlement check for the last liability payment, 31A-22-305.3(5) |
Deadlines That End Utah Car Accident Claims
| Claim | Deadline | Authority |
|---|---|---|
| Personal injury lawsuit | 4 years | 78B-2-307(4) |
| Vehicle property damage | 4 years | 78B-2-307(3) |
| Wrongful death | 2 years | 78B-2-304(3) |
| Claim against a government entity (city vehicle, public bus, road defect) | Written notice of claim within 1 year; suit within 2 years and not before 60 days after notice | 63G-7-402 and 63G-7-403 |
| PIP or UM suit against your own insurer | 4 years from inception of loss | 31A-22-307(7), 31A-22-305(11) |
The government claim deadline is the one that catches people. A crash involving a Salt Lake City vehicle or another public entity’s vehicle requires a formal written notice of claim within one year, long before the four year statute would otherwise run.
Insurer Tactics a Car Accident Attorney in Salt Lake City Sees Repeatedly
- The early offer. A check arrives before you know whether you need surgery. Once you sign the release, the claim is over, even if an MRI later shows a torn disc.
- The recorded statement. The other driver’s carrier asks for a recorded interview, then mines it for comments that shift fault toward you or minimize your injuries.
- The broad medical authorization. A signed release for “all records” opens your entire medical history, letting the insurer argue that your neck pain is old.
- Threshold disputes. If your medical bills are near $3,000, expect an argument that some treatment was unreasonable or unrelated, pushing the total below the line.
- Comparative fault inflation. You were speeding, on your phone, should have seen the left-turning car. Every point of fault moved onto you reduces the payout, and 50% eliminates it.
- Delay on your own UIM claim. Your own insurer becomes your adversary on a UIM claim.
Damages that are tracked carefully also carry interest. Under 78B-5-824, prejudgment interest on special damages such as past medical bills and lost wages runs at prime plus two percent, with a floor of 5% and a ceiling of 10%, subject to the statute’s demand requirements.
When You Need a Car Accident Attorney in Salt Lake City, and When You Do Not
Many fender benders do not need a lawyer at all.
| Your situation | Probably handle it yourself | Talk to a lawyer |
|---|---|---|
| Vehicle damage only, no injuries | Yes. Claim through the other driver’s insurer or your collision coverage. Utah small claims court hears disputes up to $20,000. | Only if fault is disputed and the damage is substantial |
| Minor soft tissue injury, medical bills well under $3,000, fully healed | Yes. PIP should cover the bills and lost wages. | If PIP stops paying or refuses a bill |
| Medical bills over $3,000, a fracture, or lasting symptoms | No | Yes. You cross the threshold and the claim’s value depends on documentation |
| Other driver uninsured or fled the scene | No | Yes. UM rules on proof, arbitration, and deadlines are technical |
| Serious injury exceeding the at-fault driver’s limits | No | Yes. UIM claims put you against your own insurer |
| Fatal crash, government vehicle, or commercial truck | No | Yes, immediately. Shorter deadlines and evidence that disappears quickly |
If a commercial vehicle was involved, the case runs under a different body of federal safety rules, driver logs, and carrier insurance minimums. That is covered on the truck accident lawyer Salt Lake City page.
Where a Salt Lake City Car Accident Lawsuit Is Filed
Most claims resolve by settlement or, for UM and UIM claims, by arbitration. When a lawsuit over a Salt Lake City crash is necessary, it is ordinarily filed in the Third Judicial District Court, which covers Salt Lake County. The main courthouse is the Scott M. Matheson Courthouse, 450 South State Street, Salt Lake City. Wrongful death claims follow 78B-3-106, which lets the heirs or a personal representative for the heirs bring the action.
For an overview of how a claim moves from demand to resolution, see the stages of a personal injury claim and how long to wait before calling a lawyer after a car accident. Clients in the southwest valley can also read the car accident attorney Herriman and truck accident lawyer Herriman pages, or browse the full personal injury library.
How Working With This Office Works
The first consultation is free. Car accident cases are handled on a contingency fee, which means the attorney fee is a percentage of the recovery and is owed only if the case settles or wins. Case costs are advanced and recovered from the settlement or judgment. The West Jordan office is at 8833 South Redwood Road, Suite A; meetings can also take place in Lindon or by phone.
Bring the crash report or case number, your insurance declarations page (it shows your PIP, UM, and UIM limits), any letters or emails from adjusters, and a list of every medical provider you have seen since the crash.
Frequently Asked Questions
Do I need a car accident attorney in Salt Lake City for a minor crash?
Often no. If no one was hurt, or your medical bills stay well under $3,000 and you recover fully, PIP and a property damage claim usually resolve it. A lawyer adds value once injuries cross the 31A-22-309 threshold or coverage is disputed.
Can I sue for pain and suffering after a car accident in Utah?
Only if you meet the threshold in 31A-22-309: death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. The threshold does not apply to uninsured motorist claims.
How do I get a Salt Lake City police accident report?
Submit a GRAMA request to the Salt Lake City Police Department online or at the Public Safety Building, 475 South 300 East. A traffic accident report is $15 for up to 50 pages. Highway Patrol reports come through the Department of Public Safety’s GovQA portal.
How long do I have to file a car accident lawsuit in Utah?
Four years for personal injury under 78B-2-307(4), and two years for wrongful death under 78B-2-304(3). A claim against a government entity requires a written notice of claim within one year under 63G-7-402.
What if I was partly at fault for the accident?
You can still recover if your fault is less than the combined fault of those you claim against. Your award is reduced by your percentage. At 50% or more, Utah’s comparative fault statute, 78B-5-818, bars recovery entirely.
What if the driver who hit me had no insurance or drove away?
You claim against your own uninsured motorist coverage. A hit-and-run vehicle counts as uninsured. If the other vehicle never made contact, you need clear and convincing evidence beyond your own testimony that it existed.
How much does a car accident attorney in Salt Lake City cost?
Nothing up front at this office. Car accident cases are handled on a contingency fee, so the fee is a percentage of the recovery and is paid only if the case settles or wins. The initial consultation is free.
Hurt in a crash in Salt Lake City and not sure whether your injuries cross the threshold or whose insurance should pay? One conversation usually sorts that out.
Request a free case evaluation or call or text (801) 613-1472. Offices in West Jordan and Lindon, serving Salt Lake City and the Wasatch Front.
This article is general information about Utah law as of the date above, not legal advice. Insurance minimums, fees, and agency procedures change. Reading it does not create an attorney-client relationship.