Hit by an Uninsured Driver in Utah? Here's What Happens to Your Claim
If the driver who hit you in Utah has no insurance, you can't recover from a policy that doesn't exist — but you're not out of options. Utah insurers must offer uninsured motorist (UM) coverage on every auto policy unless you rejected it in writing, and it steps in to pay the same categories of damages the at-fault driver's insurance would have covered, up to your own policy limits.
Getting hit by an uninsured driver is one of the most frustrating positions an injured person can be in. You didn't do anything wrong, you're dealing with real injuries and bills, and the person responsible has no insurance to pay for any of it. The good news is that Utah law anticipated this exact scenario — you just have to know where to look.
Your Own Policy Is the Backup Plan
When the at-fault driver has no liability insurance, the claim doesn't disappear — it shifts to a different source: your own uninsured motorist (UM) coverage. Utah requires insurance companies to offer UM coverage on every auto policy. You can decline it, but only by signing a written rejection. If you never specifically rejected it, there's a good chance you already have this coverage without realizing it.
UM coverage functions like a stand-in for the at-fault driver's missing liability policy. It pays for the same types of damages — medical expenses, lost wages, pain and suffering — up to whatever limits you carry on your own policy.
Uninsured vs. Underinsured: Two Related, Different Situations
These two terms get used almost interchangeably, but they apply to different scenarios:
Uninsured Motorist (UM)
The at-fault driver has no insurance at all. Your UM coverage becomes your primary — and only — source of recovery from an insurance policy, up to your UM limits.
Underinsured Motorist (UIM)
The at-fault driver has insurance, but their policy limits are too low to cover your full damages. You collect their policy limit first, then turn to your own UIM coverage to fill the gap, up to your UIM limits.
How a Gap Actually Gets Filled
Here's how an underinsured motorist scenario plays out in practice:
Worked Example
You're injured in a crash and your total damages come to $150,000. The at-fault driver carries only Utah's minimum liability coverage — $25,000 per person. You collect that $25,000 from their insurer.
If you carry $100,000 in UIM coverage on your own policy, you can pursue that policy for up to $100,000 toward the remaining gap — leaving you $25,000 short of your full damages. This is exactly why carrying UIM limits higher than Utah's state minimum is one of the most overlooked ways to protect yourself before an accident ever happens.
You're Still Negotiating With an Insurance Company
It's easy to assume a UM/UIM claim will go smoothly since you're "on the same side" as your own insurer. In practice, a UM or UIM claim is a contract claim against your own insurance company — and that company still has a financial incentive to pay out as little as possible, the same as it would with any other claim.
Insurers don't always extend the same cooperation to UM/UIM claims that policyholders expect from the company they've paid premiums to for years. This is one of the more common reasons people bring in an attorney specifically for a UM/UIM dispute, even when the rest of the claim seemed straightforward.
Policy Deadlines Can Be Shorter Than You Think
UM/UIM claims are governed by your insurance contract, and many policies impose their own notice deadlines that can be significantly shorter than Utah's four-year personal injury statute of limitations under Utah Code § 78B-2-307. Don't assume you have four years to act — check your policy or talk to an attorney promptly.
Uninsured Driver Claims Across Different Situations
UM/UIM coverage isn't limited to standard car accidents — it applies broadly, with some situation-specific details worth knowing:
Car Accidents
UM/UIM is required to be offered on every Utah auto policy at the same liability minimums.
Learn more →Motorcycle Accidents
Riders can carry UM/UIM on their own policies just like drivers of passenger vehicles.
Learn more →Rideshare Accidents
Uber and Lyft carry up to $1 million in UM/UIM coverage during a prearranged ride.
Learn more →The rideshare scenario is worth calling out specifically: if you're an Uber or Lyft passenger and the driver who hits your vehicle has no insurance or insufficient insurance, the rideshare company's own UM/UIM coverage — typically up to $1 million during a prearranged ride — can apply. That's a substantially larger safety net than what most personal auto policies carry.
What to Do If You Think the At-Fault Driver Is Uninsured
- Get the driver's information anyway — name, license number, and vehicle info, even if they claim to have no insurance
- Call 911 and get a police report — it will document whether the other driver could produce proof of insurance
- Check your own policy for UM/UIM coverage — call your insurer or look for your declarations page
- Report the claim to your own insurer promptly — don't wait, since policy notice deadlines can be short
- Avoid giving a recorded statement to any insurer, including your own, before speaking with an attorney
- Get a claim evaluation from an attorney — especially if your damages may exceed the at-fault driver's limits or your own UM/UIM limits
For a broader look at how fault and compensation work in Utah injury claims generally, see our post on Utah's modified comparative fault rule, or visit our Personal Injury practice area page for a full overview.
Frequently Asked Questions
What happens if the driver who hit me in Utah has no insurance?
If the at-fault driver is uninsured, you cannot recover from their liability policy because none exists. Instead, you turn to your own uninsured motorist (UM) coverage, which Utah law requires insurers to offer on every auto policy unless you specifically reject it in writing. UM coverage steps in to pay the same categories of damages you could have recovered from the at-fault driver, up to your policy limits.
Is uninsured motorist coverage required in Utah?
Insurers must offer uninsured motorist (UM) and underinsured motorist (UIM) coverage on every Utah auto policy. Drivers can decline this coverage, but only by rejecting it in writing. If you never signed a written rejection, you likely have UM/UIM coverage on your policy even if you don't remember purchasing it.
What is the difference between uninsured and underinsured motorist coverage?
Uninsured motorist (UM) coverage applies when the at-fault driver has no insurance at all. Underinsured motorist (UIM) coverage applies when the at-fault driver has insurance, but their policy limits are too low to cover the full extent of your damages. In a UIM claim, you typically first collect the at-fault driver's full policy limit, then pursue your own UIM coverage for the remaining gap.
Can I sue my own insurance company for an uninsured motorist claim?
A UM or UIM claim is a contract claim against your own insurer, not a lawsuit against the at-fault driver. In practice, this means you're negotiating with your own insurance company, which is still incentivized to minimize the payout. Insurers do not always treat UM/UIM claims with the same cooperation customers expect, which is one reason many people bring in an attorney for these claims specifically.
Does uninsured motorist coverage apply to motorcycle and rideshare accidents in Utah?
Yes, with some nuance. Motorcyclists can carry UM/UIM coverage on their own policies just like drivers of passenger vehicles. For rideshare passengers, Uber and Lyft are required to carry substantial UM/UIM coverage — typically up to $1 million — during a prearranged ride.
How long do I have to file a UM/UIM claim in Utah?
UM/UIM claims are governed by your insurance contract, and many policies impose their own notice deadlines that can be shorter than Utah's four-year personal injury statute of limitations under Utah Code § 78B-2-307. Because contractual deadlines vary by insurer and policy, it's important to review your policy or consult an attorney promptly rather than assuming you have the full four years to act.
Dealing With an Uninsured Driver Claim?
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