The moments immediately following a motor vehicle collision are often a blur of adrenaline, confusion, and stress. Whether it’s a fender bender on St. George Boulevard, a high-speed collision near the Cedar City I-15 interchanges, or an accident involving a tourist near Zion National Park, the actions you take in the first 60 minutes can dictate the next several years of your life.
In 2026, Utah’s road laws and insurance requirements remain some of the most complex in the Western United States. This guide, provided by Ruesch Reeve Werrett & Jones, PLLC, walks you through the essential steps to protect your health, your family, and your legal rights in Southern Utah.
1. Immediate Scene Safety: The “Clear the Road” Rule
Your priority is safety. In the wide-open stretches of Washington and Iron Counties, secondary collisions are a major risk because vehicles are often traveling at high speeds.
- Check for Injuries: Check yourself and your passengers. If anyone is unconscious or experiencing neck/back pain, do not move them unless there is an immediate threat of fire.
- Utah Code § 41-6a-401 (The “Move It” Law): If the vehicles are operable and there are no serious injuries, Utah law requires you to move your vehicle out of the flow of traffic to a shoulder or nearby parking lot. This is especially vital on I-15 to prevent multi-car pileups.
- Visibility: Turn on hazard lights. In the Southern Utah desert, dusk and nightfall can make you invisible to other drivers. Use flares or reflective triangles if available.
2. Reporting Requirements: When is a Call Mandatory?
In Utah, you are legally required to notify the police immediately if the accident results in injury, death, or property damage estimated at $2,500 or more.
Even if the damage appears minor, calling the police is vital for your insurance claim. Whether it’s the St. George Police, the Iron County Sheriff, or the Utah Highway Patrol (UHP), the responding officer will create an Official Traffic Accident Report.
Pro Tip: Never let the other driver talk you into “handling it privately.” Without a police report, the other driver can change their story the next day, and their insurance company will likely deny your claim due to a lack of evidence.
3. The “Information Exchange” Without the Apology
Gather the following details from every driver involved:
- Full name and contact information.
- Insurance company and policy number.
- Driver’s license number and state of issue.
- License plate number and vehicle description.
Important Legal Warning: Southern Utahns are known for their kindness, but do not apologize. In a legal setting, “I’m so sorry” can be used as an admission of fault. Stick to objective facts: “Are you okay?” and “Here is my insurance information.”
4. Become Your Own Investigator: Evidence Collection
While the police will write a report, they often miss small details that a personal injury attorney can use to win your case. Use your smartphone to document:
- The Damage: Photos of all vehicles from multiple angles (not just your own).
- The Scene: Skid marks, broken glass, traffic signals, and any road hazards like construction or sand.
- The Atmosphere: Weather conditions (e.g., sun glare, sudden monsoon rain).
- Witnesses: If a bystander stopped, get their name and phone number. Independent witness testimony is often the “silver bullet” in a disputed liability case.
5. Medical Attention: The 48-Hour Rule
This is the most common mistake Southern Utah drivers make. They feel “fine” at the scene and skip the doctor.
- Adrenaline Masks Pain: Adrenaline can hide serious injuries like internal bleeding, concussions, or whiplash for 24–72 hours.
- The “Gap in Treatment”: If you wait two weeks to see a doctor, the insurance company will argue that your injuries were caused by something else, not the accident.
- Local Resources: Visit the St. George Regional Hospital, Cedar City Hospital, or an urgent care clinic immediately to establish a medical record.
6. Understanding Utah’s No-Fault (PIP) System
Utah is one of the few “no-fault” states. This means your own insurance company is responsible for paying your initial medical bills regardless of who caused the crash.
Personal Injury Protection (PIP) Coverage
Every Utah auto policy must include at least $3,000 in PIP coverage. This covers:
- Medical expenses.
- Lost wages (85% of gross income or $250/week, whichever is less).
- Household services ($20/day if you can’t perform chores).
- A funeral benefit ($1,500) and death benefit ($3,000).
The “Serious Injury Threshold”
To sue the at-fault driver for “pain and suffering” (non-economic damages), your injuries must meet a certain threshold under Utah Code § 31A-22-309:
- Medical expenses exceeding $3,000; OR
- Permanent impairment, disability, or disfigurement.
The attorneys at Ruesch Reeve Werrett & Jones, PLLC specialize in proving these thresholds to ensure you aren’t stuck with just the $3,000 PIP minimum.
7. What to Do If the Other Driver is Uninsured
Finding out the person who hit you doesn’t have insurance adds a massive layer of stress to an already traumatic event. Unfortunately, despite Utah’s strict laws, many drivers in Southern Utah still operate vehicles without coverage.
Use Your Uninsured Motorist (UM) Coverage
In Utah, insurance companies are required to include Uninsured Motorist (UM) coverage in your policy unless you rejected it in writing. If you were hit by an uninsured driver:
- Your Policy Steps In: Your own insurance company essentially “becomes” the insurance for the at-fault driver. You file a claim against your own UM policy to cover medical bills, lost wages, and pain and suffering beyond your PIP limits.
- Hit-and-Runs: In Utah, hit-and-run accidents are treated as uninsured motorist claims. However, you often need “clear and convincing” evidence (like a witness or dashcam footage) if there was no physical contact between the vehicles.
- Property Damage: If you don’t have collision coverage, you may have Uninsured Motorist Property Damage (UMPD). In Utah, this typically covers up to $3,500 of your vehicle’s value, subject to a small deductible (often $250).
Can You Sue the Driver Personally?
Yes, you can sue an uninsured driver personally. However, most people driving without insurance do not have significant assets to pay a judgment. At Ruesch Reeve Werrett & Jones, PLLC, we perform an asset search to determine if a personal lawsuit is a viable path or if we should focus on maximizing your own insurance benefits.
8. Utah’s 50% Comparative Negligence Rule
Utah follows a “Modified Comparative Fault” system. This is an “all or nothing” rule at the 50% mark:
- 49% Fault or Less: You can recover damages, but they are reduced by your percentage of fault. (e.g., If you are awarded $100k but were 20% at fault for speeding, you receive $80k).
- 50% Fault or More: You receive zero dollars from the other party.
Insurance adjusters—even your own, during a UM claim—will try to push your fault percentage toward 50% to save money. We fight to keep your fault percentage at zero.
9. Statute of Limitations: The Clock is Ticking
While the 2026 laws give you a window of time, evidence disappears much faster:
- Personal Injury: 4 years from the date of the accident.
- Property Damage: 3 years.
- Uninsured Motorist Claims: Usually 3 to 4 years, but check your specific policy language.
10. Why Hire Ruesch Reeve Werrett & Jones, PLLC?
When dealing with an uninsured driver, you are effectively fighting your own insurance company. They become your “adversary” as they try to limit the amount they pay out on your UM claim. When you hire us, we handle the heavy lifting:
- Asset Checks: We investigate the at-fault driver to see if they have hidden assets.
- Policy Stacking: We determine if you can “stack” multiple policies to increase your total compensation.
- Communication: We handle all calls from adjusters so you don’t accidentally say something that jeopardizes your claim.
- Litigation: We are Southern Utah’s trial lawyers. If your insurance company isn’t acting in good faith, we take them to court.
Common Mistakes to Avoid
- Posting on Social Media: Do not post photos of your recovery. Adjusters will use a photo of you smiling at a family BBQ in Hurricane to argue you aren’t “really” in pain.
- Giving a Recorded Statement: You are not legally required to give the other driver’s insurance (if they had any) a recorded statement. Even with your own company, wait until you’ve consulted with us.
- Signing a Quick Release: Never sign a settlement check until you are 100% sure your medical treatment is finished. Once you sign, your case is closed forever.
Southern Utah Accident Checklist
| Step | Action | Why? |
| 1 | Call 911 | Mandatory for damage >$2,500 or any injury. |
| 2 | Identify Insurance | Determine immediately if the other driver is uninsured. |
| 3 | Take Photos | Preserves evidence before the desert wind or rain clears the scene. |
| 4 | See a Doctor | Essential for your health and PIP/UM claim. |
| 5 | Call Our Office | We specialize in Southern Utah’s unique road laws. |
Contact Ruesch Reeve Werrett & Jones, PLLC Today
If you have been injured on a Southern Utah road by an uninsured driver, don’t face the system alone. From our office in Hurricane we provide the localized, aggressive representation you need.
Call us today or visit https://rrlegal.com/ for a case evaluation.