Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When an at-fault driver in Utah lacks active auto insurance on the date of loss, you still have several pathways to pursue compensation. Below are the primary options under Utah law:
1. File an Uninsured Motorist (UM) or Underinsured Motorist (UIM) Claim
If your own auto policy includes UM/UIM coverage, you may submit a claim to your insurer. Utah law requires insurers to offer UM/UIM as part of any auto policy. This coverage pays for bodily injury and property damage when the at-fault motorist has no insurance or insufficient limits. See Utah Code §Â 31A-22-305 for minimum UM/UIM requirements: Utah Code §Â 31A-22-305.
2. File a Lawsuit Against the At-Fault Driver
You can sue the uninsured driver directly. Utah’s statute of limitations for personal injury is four years from the date of the accident. See Utah Code §Â 78B-2-307: Utah Code §Â 78B-2-307.
In small claims court (claims up to $11,000), you can pursue faster resolution without an attorney. Refer to Utah Code §Â 78A-8-102: Utah Code §Â 78A-8-102.
3. Pursue Post-Judgment Collection
After securing a judgment, you can use Utah’s post-judgment collection tools to collect from the driver’s assets:
- Wage garnishment under Utah Rule of Civil Procedure 64.
- Bank account levies.
- Execution against personal property.
4. Seek Criminal Restitution or Victim Compensation
If the uninsured driver faces criminal charges (e.g., reckless driving causing injury), request restitution in criminal court. You can also explore the Utah Office for Victims of Crime’s reparations fund for out-of-pocket losses related to crime victims: ovc.utah.gov.
5. Negotiate a Payment Plan or Settlement
If the driver has limited assets, consider negotiating a structured payment plan or a reduced lump-sum settlement. Ensure any agreement is in writing and enforceable as a judgment.
Helpful Hints
- Review your own UM/UIM coverages and deductibles before filing a claim.
- Gather all evidence: police reports, medical bills, witness statements.
- Calculate economic (medical bills, lost wages) and non-economic (pain and suffering) damages separately.
- Consult an attorney early if damages exceed small claims limits or if the at-fault driver lacks identifiable assets.
- File within the four-year statute of limitations to avoid losing your right to sue.
- Keep detailed records of all correspondence and payment attempts.