An auto accident is stressful enough, but discovering the at-fault driver doesn’t have enough insurance to cover your medical bills and lost wages can be a second tragedy. In Utah, many drivers carry only the state-mandated minimum liability coverage—which often falls short after a serious collision.
This is where Underinsured Motorist (UIM) coverage becomes your most important safety net.
What is Underinsured Motorist (UIM) Coverage?
In Utah, UIM coverage is a component of your own auto insurance policy. It is designed to bridge the gap when an at-fault driver has insurance, but their policy limits are too low to “make you whole” (fully compensate you for your damages).
Unlike Uninsured Motorist (UM) coverage, which applies when the other driver has no insurance at all, UIM kicks in after the at-fault driver’s insurance has paid out its maximum limit.
How UIM Works Under Utah Law
Utah Code § 31A-22-305.3 governs how these benefits are handled. Here are the key things you need to know:
- Mandatory Offer: Insurance companies in Utah are required by law to offer you UIM coverage. While you can opt-out by signing a written waiver, doing so leaves you vulnerable to most Utah drivers who are underinsured or uninsured.
- The “Stacking” Rule: Generally, Utah law limits “stacking” (combining limits from multiple policies). However, there are specific exceptions for pedestrians or individuals covered under multiple household policies.
- Secondary to PIP: Utah is a “no-fault” state, meaning your Personal Injury Protection (PIP) covers the first $3,000 (minimum) of your medical expenses regardless of who was at fault. UIM benefits typically apply once your PIP and the at-fault party’s liability limits are exhausted.
Why You Need an Attorney for a UIM Claim
You might assume that because you are dealing with your own insurance company, the process will be simple. Unfortunately, UIM claims can be highly adversarial. Your insurance company may attempt to:
- Undervalue your “pain and suffering” damages.
- Argue that your medical treatments were not necessary.
- Claim that the at-fault driver’s policy was actually sufficient.
Navigating the interplay between PIP, the at-fault driver’s liability, and your own UIM policy requires a deep understanding of the Utah Insurance Code.
Get the Compensation You Deserve
If you’ve been injured in an accident and are worried about mounting bills, don’t navigate the complex world of insurance alone. You need an advocate who understands Utah’s specific UIM statutes and knows how to hold insurance companies accountable.
Attorney David Head specializes in helping Utah residents secure the full benefits they are entitled to under their insurance policies. Whether you are dealing with a stubborn adjuster or complex policy language, David Head provides the aggressive representation you need.
Contact David Head today for a consultation:
- Phone: 801-691-7511