Utah No-Fault Threshold: The $3,000 Test and Six Injuries

By the FigureMyTax Editorial Team · How we calculate

In Utah, a person with PIP coverage may not sue for general damages from an automobile accident unless the person sustained death, dismemberment, a permanent disability or permanent impairment based on objective findings, a permanent disfigurement, a bone fracture, or medical expenses in excess of $3,000.

The rule

Utah Code 31A-22-309(1)(a) says a person who has or is required to have direct benefit coverage under a policy that includes PIP may not maintain a cause of action for general damages arising out of personal injuries alleged to have been caused by an automobile accident, except where the person has sustained (i) death; (ii) dismemberment; (iii) permanent disability or permanent impairment based upon objective findings; (iv) permanent disfigurement; (v) a bone fracture; or (vi) medical expenses in excess of $3,000.

Uninsured motorist claims

Subsection (1)(b) says the limit does not apply to a person making an uninsured motorist claim.

What is limited

The statute limits general damages only. Economic loss PIP does not pay is not within the bar as the statute is worded; we did not read the Utah decisions on how those claims are handled.

Fault and deadlines

A person's fault may not alone bar recovery, but the person may recover only from defendants whose fault, combined with immune persons and nonparties allocated fault, exceeds the person's own fault (Utah Code 78B-5-818). An action for relief not otherwise provided for by law may be brought within four years (78B-2-307). See Utah comparative negligence and Utah statute of limitations.

Using the calculator

The Utah no-fault calculator tests the $3,000 line and each injury and combines PIP with your claim. For how non-economic damages are valued, see Utah pain and suffering and economic vs. non-economic damages.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Utah's rules apply to your specific case with a licensed Utah attorney.