Hurt as a Passenger in a Utah Crash

Short answer: A passenger can usually claim personal injury protection (PIP) benefits from the policy on the car they were riding in, and then make an injury claim against whichever driver caused the crash, or against both drivers if both share the blame. That is true even when the driver is a friend, a spouse or a parent.

Passengers are in an unusual spot after a crash. They were not driving, so they rarely share the blame, yet they often feel stuck: the driver may be someone they love, and two insurers may each point at the other. Here is how Utah law sorts it out.

Step One: PIP From the Car You Were In

Utah requires personal injury protection on vehicle policies, and passengers are covered. Utah Code 31A-22-308(3)(a) extends PIP benefits to any person injured while occupying the vehicle described in the policy with the owner’s express or implied consent (Utah Code 31A-22-308). When an injured person is also covered by another policy, such as their own, the policy insuring the vehicle in use during the accident is primary (Utah Code 31A-22-309(4)).

PIP pays regardless of fault. The minimum benefits include at least $3,000 in medical expenses and lost income of 85% of gross income up to $250 a week, for up to 52 weeks (Utah Code 31A-22-307). For a full walk-through of how PIP works, see Is Utah a no-fault state?

Step Two: The Injury Claim Against the At-Fault Driver

PIP is limited. To recover the rest, including pain and suffering, you generally need to meet Utah’s threshold: more than $3,000 in medical expenses, or a bone fracture, permanent disability or impairment based on objective findings, permanent disfigurement, dismemberment or death (Utah Code 31A-22-309(1)). Once you do, the claim goes against the liability insurance of the driver who caused the crash.

When Both Drivers Share the Blame

Many crashes are not one driver’s fault alone. One driver ran a yellow, the other was speeding. As a passenger, you do not have to pick one. You can make a claim against each driver whose fault contributed.

That matters because Utah does not make one defendant pay for another’s share. Under Utah Code 78B-5-818(3), no defendant is liable for more than the proportion of fault assigned to that defendant (Utah Code 78B-5-818). If the other driver is 60% at fault and your own driver is 40% at fault, a claim against only the other driver may leave 40% of your damages on the table. Naming everyone who contributed is how a passenger gets to the full amount.

Comparative fault rarely cuts into a passenger’s own recovery, since a passenger usually had no part in how either car was driven. For the rules when fault is shared by the injured person, see recovering when you were partly at fault.

Not Wearing a Seat Belt Does Not Reduce Your Claim

Insurers sometimes ask a passenger whether they were buckled. Under Utah law, failing to wear a safety belt or use a child restraint does not count as contributory or comparative negligence, and it may not be introduced as evidence in a civil case on negligence, injuries or mitigation of damages (Utah Code 41-6a-1806). That is a firm rule, and it applies to passengers in the front seat and the back.

When the Driver Is a Friend or Family Member

This is the part that keeps people from making a claim at all. The key point is that a claim against a driver you know is, in practice, a claim against that driver’s insurance. Liability insurance exists for exactly this situation, and the driver is usually not paying out of pocket.

Utah law addresses family claims directly:

• A liability policy must insure household relatives of the named insured to the same extent as the named insured, subject to named-driver exclusions (Utah Code 31A-22-303(1)(a)(iii)).
• When the named insured or a household relative brings the claim, the available coverage may not be reduced or “stepped down” because the named insured or a household relative was the at-fault driver (Utah Code 31A-22-303(1)(a)(iv)).
• When the claim is exclusively between the named insured and household relatives, the injured person may choose binding arbitration or a lawsuit, and an arbitration award is limited to the available liability limits (Utah Code 31A-22-303(8)).

A policy can specifically exclude a named household driver if the conditions in Utah Code 31A-22-302.5 are met, including written consent and separate proof of insurance for the excluded driver. If the driver was excluded, coverage may come from a different policy. That is worth checking early.

When the Driver’s Insurance Is Not Enough

Many Utah drivers carry the minimum liability limits, which for policies issued or renewed on or after January 1, 2025 are $30,000 per person (Utah Code 31A-22-304). If an at-fault driver has no insurance, uninsured motorist coverage can apply, and “covered persons” include anyone occupying a vehicle referred to in the policy as well as the named insured’s household relatives (Utah Code 31A-22-305(1)). So a passenger may have access to the car’s uninsured motorist coverage and, sometimes, to their own household’s. Underinsured coverage can work the same way; see underinsured motorist claims in Utah.

Deadlines

Most Utah injury claims must be filed within four years. If a government vehicle, such as a city truck or UTA bus, was involved, a written notice of claim is due within one year (Utah Code 63G-7-402). See Utah’s personal injury statute of limitations for the details.

What a Passenger Should Do

1. Get medical care, and tell the provider you were in a crash.
2. Get the insurance information for every driver involved, not just yours.
3. Ask for the police report number, or request the crash report yourself.
4. Open a PIP claim with the insurer of the car you were riding in.
5. Check your own policy and your household’s for uninsured and underinsured coverage.
6. Be careful with recorded statements to either driver’s insurer.

Talk to a Utah Injury Attorney

A passenger claim often involves two or three insurers at once, and sometimes a driver you care about. We can sort out which policies apply and handle the insurers so the relationship stays out of it.

Hurt in Utah? Call (801) 921-5134 or send us your case for a free consultation. No attorney fees unless we win. Hablamos Español.