What to Do if You’re Hit by an Uninsured Driver in Utah

A car accident is a stressful and disruptive event, but the situation becomes significantly more complicated when the at-fault driver does not have auto insurance. In Utah, where a percentage of drivers are uninsured, knowing what steps to take is crucial to protecting your rights and securing the compensation you need to recover. This guide explains the process and how an experienced personal injury attorney can help.

The Problem of Uninsured Drivers in Utah

While Utah requires all drivers to carry liability insurance, a notable number of motorists on the road are uninsured. According to data from the Insurance Research Council, a significant portion of drivers nationwide are uninsured, and Utah is no exception 1

. If one of these drivers causes an accident, you cannot simply file a claim against their insurance to cover your medical bills and vehicle damage. This is where your own insurance policy becomes critical.

Your First Line of Defense: Uninsured Motorist (UM) Coverage

Uninsured Motorist (UM) coverage is an optional but highly recommended part of your own auto insurance policy in Utah. It is designed specifically for this scenario, stepping in to cover your damages when the at-fault driver has no insurance.

Under Utah Code § 31A-22-305, if you have UM coverage, you can file a claim with your own insurance company to cover your losses, including:

• Medical Expenses: Emergency room visits, hospital stays, surgeries, and ongoing physical therapy.
• Lost Wages: Income you lose from being unable to work while you recover.
• Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.

It is important to note that while UM coverage is not mandatory in Utah, it provides essential protection. If you are unsure whether you have this coverage, you should review your insurance policy or contact your agent immediately.

Steps to Take Immediately After an Accident with an Uninsured Driver

Your actions in the moments following the accident are vital for building a strong claim.

1. Call the Police: Always report the accident to the police. A police report is a critical piece of evidence that documents the details of the crash and establishes that the other driver was uninsured.
2. Gather Information: Collect the other driver’s name, contact information, and vehicle details. If there are witnesses, get their names and phone numbers as well.
3. Document the Scene: Use your smartphone to take pictures of the accident scene, including the damage to both vehicles, any visible injuries, and the surrounding area.
4. Seek Medical Attention: Even if you feel fine, it is essential to get a medical evaluation. Some serious injuries, like whiplash or internal injuries, may not have immediate symptoms.
5. Notify Your Insurance Company: Report the accident to your own insurance provider as soon as possible and inform them that the other driver is uninsured.

What if I Don’t Have Uninsured Motorist Coverage?

If you do not have UM coverage, your options for recovering compensation become more limited, but not impossible. You may have to file a personal injury lawsuit directly against the at-fault driver.

However, there are challenges with this approach. An individual who does not pay for car insurance may not have the personal assets to cover a significant judgment. While you may win the lawsuit, collecting the money you are owed can be a difficult and lengthy process. An attorney can help you explore options for asset discovery and wage garnishment, but it is important to have realistic expectations.

How a Personal Injury Attorney Can Help

Navigating the aftermath of an accident with an uninsured driver can be complex. An experienced personal injury attorney at Fontenot Law can provide invaluable assistance by:

• Reviewing Your Insurance Policy: We will analyze your policy to determine the full extent of your coverage, including any Uninsured Motorist (UM) or Underinsured Motorist (UIM) benefits you may have.
• Handling Your Insurance Company: Even when you file a claim with your own insurer, they may try to minimize your payout. We will handle all communications and negotiations to ensure you receive the fair compensation you are entitled to under your policy.
• Investigating the Accident: Our team will conduct a thorough investigation to gather all necessary evidence to prove the other driver’s fault.
• Exploring All Avenues for Recovery: If you do not have UM coverage, we will assess the feasibility of a lawsuit against the at-fault driver and advise you on the best course of action.

Contact Fontenot Law Today

If you have been hit by an uninsured driver in Utah, you do not have to face the legal and financial challenges alone. The attorneys at Fontenot Law are here to protect your rights and fight for the compensation you deserve. Contact us today for a free, no-obligation consultation to discuss your case.