Uninsured vs. Underinsured Motorist Coverage in Utah

By the FigureMyTax Editorial Team · How we calculate

Utah UM covers uninsured drivers, including one with lower limits than required, to the extent of the deficiency. UIM covers an underinsured driver and is added to that driver's coverage. A no-fault threshold limits general damages in some claims, and most injury actions have four years.

Uninsured

Utah Code 31A-22-305(2) counts as uninsured a vehicle not covered by liability insurance, one with lower limits than required (uninsured to the extent of the deficiency), an unidentified vehicle that left the scene, one whose liability coverage is disputed for more than 60 days, and one whose insurer is declared insolvent, to the extent a guaranty fund does not pay. UM benefits may be reduced by health insurance subrogation only after you are made whole.

Underinsured

Section 31A-22-305.3 covers a vehicle whose liability coverage cannot compensate you fully for all special and general damages. Your UIM is secondary, may not be set off, and is added to the other driver's coverage.

No-fault threshold

Section 31A-22-309(1) says a person with direct benefit coverage under a policy including personal injury protection may not maintain an action for general damages unless the injury involves death, dismemberment, permanent disability or impairment based on objective findings, permanent disfigurement, a bone fracture, or medical expenses over $3,000. It does not apply to a person making an uninsured motorist claim. We did not read how it applies to an underinsured claim.

Fault and deadlines

Your fault alone does not bar recovery, but you may recover only from a defendant whose fault exceeds yours (Utah Code 78B-5-818). Most injury actions must be brought within four years (78B-2-307(4)).

Next steps

Stacking is a separate question; see our statute post and the explainer, then use the Utah UM/UIM stacking calculator.

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.