Utah Code Section 31A-22-305 requires all auto insurance policies in Utah to include uninsured motorist coverage at limits equal to the policy’s liability limits. UM coverage applies when you are injured by a driver who has no insurance, in a hit-and-run accident, or by an uninsured motorist whose identity is unknown.
Last updated: July 2026
Key Takeaways
- Utah Code Section 31A-22-305 requires UM coverage in every Utah auto insurance policy at limits equal to the liability coverage limits.
- UM coverage applies when the at-fault driver has no insurance, in a hit-and-run accident, or when the driver is unidentified.
- Utah allows UM coverage stacking on multi-vehicle policies, meaning you may be able to combine coverage limits from multiple vehicles.
- You must exhaust the at-fault driver’s liability coverage before making a UM claim in most circumstances.
- UM coverage protects you, your household members, and passengers in your vehicle at the time of the accident.
Uninsured motorist coverage is one of the most important protections available to Utah drivers, yet it is also one of the least understood. When you are hit by a driver who has no insurance, your own UM coverage steps in to pay for your injuries as if the uninsured driver had carried the minimum required insurance. Without this coverage, you could be left with no compensation at all.
The prevalence of uninsured drivers in Utah makes UM coverage essential. When an uninsured or underinsured driver causes an accident, the injured party cannot rely on the at-fault driver’s insurance to cover their losses. UM coverage functions as a safety net, ensuring that you have a source of compensation even when the other driver has failed to comply with Utah’s insurance requirements.
What does Utah Code Section 31A-22-305 say about uninsured motorist coverage?
Utah Code Section 31A-22-305 requires that every motor vehicle liability insurance policy delivered or issued for delivery in Utah include uninsured motorist coverage. The coverage must be in limits equal to the liability coverage limits in the policy, unless the insured specifically rejects higher limits in writing. This means that if you carry $100,000 in liability coverage, your UM coverage must also be $100,000 unless you sign a waiver opting for lower limits.
The statute defines an uninsured motor vehicle broadly to include vehicles with no liability insurance, vehicles whose insurer denies coverage or becomes insolvent, hit-and-run vehicles whose driver cannot be identified, and vehicles whose insurance coverage is less than the minimum required by Utah law. This broad definition ensures that UM coverage applies in a wide range of situations where the at-fault driver cannot provide compensation.
Section 31A-22-305 also establishes the conditions under which UM coverage must be paid. The insured must be legally entitled to recover damages from the owner or operator of the uninsured motor vehicle. This means the insured must still prove that the uninsured driver was at fault and that the damages resulted from that fault. UM coverage does not create liability where none exists; it merely provides a source of payment when the at-fault party has no insurance.
When does uninsured motorist coverage apply in Utah?
UM coverage in Utah applies in three primary situations. First, when you are injured by a driver who has no auto insurance at all. Despite Utah’s mandatory insurance law under Section 31A-22-302, a significant number of drivers on Utah roads are uninsured. If one of these drivers causes an accident that injures you, your UM coverage pays for your damages as if the uninsured driver had the minimum required coverage.
Second, UM coverage applies in hit-and-run accidents where the at-fault driver cannot be identified. If a driver strikes your vehicle and flees the scene, your UM coverage can provide compensation for your injuries. However, the policy typically requires that the accident be reported to law enforcement within a specified time period and that there be physical contact between the vehicles or that the hit-and-run accident be corroborated by independent evidence.
Third, UM coverage may apply when the at-fault driver’s insurance company denies coverage or becomes insolvent. If the other driver had insurance at the time of the accident but the insurer later denies coverage based on a policy exclusion or becomes bankrupt, your UM coverage can step in to provide compensation. This protects you from the risk of insurance company failure.
Can I stack uninsured motorist coverage in Utah?
Utah law permits stacking of uninsured motorist coverage under certain circumstances. Stacking allows you to combine the UM coverage limits from multiple vehicles on the same insurance policy to increase the total amount of UM coverage available for a single accident. For example, if you have two vehicles on your policy, each with $100,000 in UM coverage, stacking could provide up to $200,000 in total UM protection.
The stacking rules in Utah depend on the language of your insurance policy. Some policies include anti-stacking clauses that limit UM coverage to the highest limit on any one vehicle, regardless of the number of vehicles on the policy. Utah courts have addressed anti-stacking clauses in various contexts, and the enforceability of these clauses depends on the specific policy language and the facts of the case.
To determine whether stacking applies to your UM coverage, you should review your policy language and consult with an attorney. If your policy does not contain a valid anti-stacking clause, you may be entitled to combine UM limits across multiple vehicles. An experienced Utah attorney can evaluate your policy and advise you on the stacking options available under your specific coverage.
How do I make a Utah uninsured motorist claim?
Making a UM claim in Utah begins with notifying your own insurance company that you intend to pursue UM coverage. You should do this even if you are also pursuing a claim against the at-fault driver’s insurance. The timeline for notifying your insurer of a UM claim may be specified in your policy, so prompt notification is important to preserve your rights.
Before your UM coverage becomes available, you generally must establish that the at-fault driver was uninsured. This typically requires obtaining a written statement from the other driver’s insurance company confirming that there was no coverage in effect at the time of the accident. For hit-and-run claims, you must provide evidence of the accident and the hit-and-run, such as a police report and physical evidence of contact.
Your insurance company will investigate the UM claim similarly to how it would investigate a claim against another driver. The insurer will evaluate liability, review your medical records and bills, and make a settlement offer. If you cannot reach a fair settlement with your own insurance company on the UM claim, you may have the right to file a lawsuit against your own insurer. This type of case is governed by the same four-year statute of limitations under Section 78B-2-308.
Utah Code Section 31A-22-305 requires UM coverage limits to be equal to the liability coverage limits in the policy, providing essential protection when the at-fault driver carries no insurance.
Who is covered by my Utah uninsured motorist policy?
Utah UM coverage extends to the named insured on the policy, family members living in the named insured’s household, and any other person occupying the insured vehicle with permission at the time of the accident. This broad coverage ensures that passengers in your vehicle are also protected if the at-fault driver is uninsured.
The coverage also extends to the named insured and family members when they are pedestrians struck by an uninsured motor vehicle. If you or a family member is hit by an uninsured driver while walking, your UM coverage can provide compensation for your injuries. This pedestrian coverage is an important but often overlooked feature of Utah UM policies.
UM coverage does not extend to everyone in all circumstances. If you are driving someone else’s vehicle and that vehicle has its own UM coverage, that coverage may apply before your own. If you are injured as a passenger in a vehicle that has UM coverage, that coverage may apply before your own personal UM policy. Coordination of UM benefits among multiple policies can be complex and may require attorney guidance.
| Situation | UM Coverage Applies? | Notes |
|---|---|---|
| Hit by uninsured driver | Yes | Must prove at-fault driver had no insurance |
| Hit-and-run accident | Yes | Must report to police; physical contact or corroboration needed |
| Insurer denies coverage | Yes | Must obtain written denial from other insurer |
| Insurer is insolvent | Yes | Must show insurer is unable to pay claims |
| Underinsured driver | Treated as UIM | Underinsured motorist coverage may apply |
| Pedestrian struck by uninsured driver | Yes | Coverage applies to named insured and household members |
How does Utah’s UM coverage interact with other insurance?
Utah UM coverage is designed to be excess over other available insurance. This means that if the at-fault driver has some liability insurance, that coverage must be exhausted before UM coverage applies. If you have health insurance, your health insurer may pay for medical treatment first, but your health insurer typically has a right to be reimbursed from any UM settlement you receive.
The coordination of UM coverage with other insurance can be complex. If you have UM coverage on multiple vehicles or on multiple policies, determining which policy pays first and how much is available requires careful analysis of policy language and Utah law. An experienced attorney can help navigate these coordination issues to maximize your recovery.
Utah also requires that UM coverage be offered with stacked limits, though policyholders can reject stacking in writing. Understanding your policy’s stacking provisions is essential for knowing how much UM coverage is actually available for your claim. If your policy limits are insufficient to cover your damages, you may need to explore other potential sources of compensation.
Frequently Asked Questions
Is uninsured motorist coverage required in Utah?
Yes. Utah Code Section 31A-22-305 requires all auto insurance policies in Utah to include uninsured motorist coverage at limits equal to the liability coverage limits.
Can I reject uninsured motorist coverage in Utah?
You can reject UM coverage in writing, but it must be an explicit waiver. Utah requires UM coverage to be offered at limits equal to liability coverage, and you must specifically sign a rejection of higher limits if you want lower coverage.
Does UM coverage apply if I am a passenger in a Utah car accident?
Yes. UM coverage extends to passengers occupying the insured vehicle with permission. The passenger may also have UM coverage available through their own policy.
How does stacking work for Utah UM coverage?
Stacking allows you to combine UM coverage limits from multiple vehicles on the same policy, up to the total of all UM limits. Anti-stacking clauses in some policies may limit this right.
What is the deadline to file a UM claim in Utah?
The statute of limitations for a UM claim is generally four years under Utah Code Section 78B-2-308, but your policy may require prompt notification. Check your policy for specific deadlines.
Can I sue my own insurance company for UM benefits in Utah?
Yes. If your insurance company refuses to pay UM benefits or offers an unfair settlement, you can file a lawsuit against your own insurer. The same four-year statute of limitations applies.
Does UM coverage apply to hit-and-run accidents in Utah?
Yes, but you must report the accident to law enforcement and provide evidence of physical contact or independent corroboration of the hit-and-run. The specific requirements are in your policy.
Will my UM coverage pay for my passenger’s injuries?
Yes. UM coverage extends to passengers in your vehicle. Your passenger may also have their own UM coverage, and coordination rules determine which policy pays first.
How can a Utah attorney help with an uninsured motorist claim?
An experienced Utah personal injury attorney can help you navigate the UM claims process, including determining whether UM coverage applies to your specific situation, calculating the full value of your UM claim, negotiating with your own insurance company for a fair settlement, and filing a lawsuit against your insurer if necessary. Because UM claims involve a dispute with your own insurance company, having an attorney represent you can level the playing field and ensure your rights are protected.
Injured in an accident in Utah? Jeremy D. Eveland, MBA, JD, can help you understand your legal rights and pursue the compensation you deserve.
Call (801) 613-1472 or visit jeremyeveland.com to schedule a consultation today.
This article is for informational purposes only and does not constitute legal advice. Consult with a qualified Utah personal injury attorney for advice specific to your situation.
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