If you only remember one point about being sued after a car accident in Utah, remember this: Utah applies modified comparative fault with a 50% bar. A plaintiff 50% or more at fault recovers nothing; lesser fault reduces damages proportionally. Procedure, examples, and the opinions below hang off Utah Code § 78B-5-818. The personal-injury deadline is Four years for personal injury actions under Utah Code § 78B-2-307(3).. Utah requires auto liability coverage; no-fault PIP applies to economic losses but fault governs bodily injury tort claims.
Insurance: at-fault, PIP, and no-fault thresholds
Utah requires auto liability coverage; no-fault PIP applies to economic losses but fault governs bodily injury tort claims.
First-party benefits (PIP / MedPay) do not always eliminate a tort suit. Where Utah uses a no-fault threshold, confirm whether your injuries meet the statutory trigger before assuming a lawsuit is barred or available.
Walking through Utah facts
Use this walkthrough to see which Utah authority does the work at each step.
Two drivers collide in Utah. Each claims the other was negligent, and one was partly at fault.
- Identify the fault system: In Utah, if you are 50% or more at fault, you recover nothing. Below 50%, damages are reduced by your share of fault..
- Apply what fault does to the claim: Utah applies modified comparative fault with a 50% bar. A plaintiff 50% or more at fault recovers nothing; lesser fault reduces damages proportionally.
- Calendar the lawsuit deadline: Four years for personal injury actions under Utah Code § 78B-2-307(3)..
- Separate insurance coverage from whether a tort claim exists: Utah requires auto liability coverage; no-fault PIP applies to economic losses but fault governs bodily injury tort claims.
In Utah the accident lawsuit turns on Utah Code § 78B-5-818 and the modified 50 rule, not on a national no-fault script.
Deadline to sue (statute of limitations)
Four years for personal injury actions under Utah Code § 78B-2-307(3).
Missing the deadline usually ends the claim permanently. Tolling (minority, discovery rules, bankruptcy stays) can apply in narrow situations — do not assume extra time without counsel.
What to do after a crash in Utah
- Get medical care and document injuries.
- Preserve photos, dash-cam, witness names, and the police report.
- Notify your insurer promptly; avoid recorded statements to the other driver’s insurer without advice.
- Calendar the SOL: Four years for personal injury actions under Utah Code § 78B-2-307(3)..
- Use LawDiver’s LawDiver rail (scoped to Utah) to research comparative/contributory negligence opinions before negotiating.
Case law: fault and auto accidents in Utah
Rachel GRAVES and Dustin Russell, a Married Couple, Individually and as Conservators for and on Behalf of A.R., a
…entitled to apportion liability to their employee under the comparative fault provisions of Utah Code section 78B- 5-818. The district court denied defendants‘ motions, and we granted their petition for interlocutory appeal. ¶2 We affirm in part and reverse in part. First, we affirm the decision holding that defendants owed a duty to A.R. to exercise reasonable care in the hiri…
Practitioners open Rachel GRAVES and Dustin Russell, a Married Couple, Individually and as Conservators for and on Behalf of A.R., a when Utah car-accident / fault turns on the distinction in this sentence: "Utah Code section 78B- 5-818. The district court denied defendants‘ motions, and we granted their petition for interlocutory appeal. ¶2 We affirm in part and reverse in part. First, we affirm the decision holding that defendants owed a duty to A.R." Do not lift it out of the facts the court was deciding.
Kenneth Ray SULLIVAN, Plaintiff, v. SCOULAR GRAIN COMPANY OF UTAH; Union Pacific Railroad Company — Stewart, J
…e from liability. In 1973, the Utah Legislature adopted the Comparative Negligence Act, which abolished contributory negligence as an absolute bar to an action but left intact the doctrine of joint and several liability. 1973 Utah Laws ch. 209. The Liability Reform Act, adopted in 1986, carried forward several provisions from the Comparative Negligence Act but dispensed with jo…
On car-accident / fault, Kenneth Ray SULLIVAN, Plaintiff, v. SCOULAR GRAIN COMPANY OF UTAH; Union Pacific Railroad Company — Stewart, J speaks to the Utah dispute in this passage: "In 1973, the Utah Legislature adopted the Comparative Negligence Act, which abolished contributory negligence as an absolute bar to an action but left intact the doctrine of joint and several liability. 1973 Utah Laws ch. 209." The surrounding opinion shows how the court applied that language to the record.
Shirley J. JENSEN and Paul B. Jensen, Plaintiffs and Appellants, v. INTERMOUNTAIN HEALTH CARE, INC., Defendant and
…his case is one of first impression. It is whether the Utah Comparative Negligence Act requires the negligence of each defendant in a multi-defendant case to be compared individually against the negligence of the plaintiff or whether the total negligence of all the defendants should be compared to that of the plaintiff to determine whether a particular defendant is liable. Unde…
Shirley J. JENSEN and Paul B. Jensen, Plaintiffs and Appellants, v. INTERMOUNTAIN HEALTH CARE, INC., Defendant and is worth reading on Utah car-accident / fault because the court put the point in its own words: "his case is one of first impression. It is whether the Utah Comparative Negligence Act requires the negligence of each defendant in a multi-defendant case to be compared individually against the negligence of the plaintiff or whether the total negligence of all the defendants sho" Use that passage as the starting point, then read the facts that precede it.
Lois FIELD, Plaintiff and Appellant, v. the BOYER COMPANY, L.C., a Utah Limited Liability Company; The Boyer Company
…the Utah Code. The trial court ruled as follows: (i) Utah's comparative fault provision, section 78-27-38 of the Code, requires the comparison of negligent and intentional conduct in apportioning fault; and (ii) fault could be apportioned to the unknown assailant even though the assailant was not named as a party defendant. We affirm in part and reverse in part. We begin with a…
Practitioners open Lois FIELD, Plaintiff and Appellant, v. the BOYER COMPANY, L.C., a Utah Limited Liability Company; The Boyer Company when Utah car-accident / fault turns on the distinction in this sentence: "Utah's comparative fault provision, section 78-27-38 of the Code, requires the comparison of negligent and intentional conduct in apportioning fault; and (ii) fault could be apportioned to the unknown assailant even though the assailant was not named as a party defendant." Do not lift it out of the facts the court was deciding.
Key takeaways
- Fault system: modified comparative fault with a 50% bar (recovery barred at 50% or more fault).
- Controlling authority: Utah Code § 78B-5-818.
- In Utah, if you are 50% or more at fault, you recover nothing. Below 50%, damages are reduced by your share of fault.
- Personal-injury filing deadline: Four years for personal injury actions under Utah Code § 78B-2-307(3)..
- Insurance: Utah requires auto liability coverage; no-fault PIP applies to economic losses but fault governs bodily injury tort claims.
Can you be sued after a car accident in Utah?
Yes. A driver, passenger, pedestrian, or property owner injured in a crash can file a negligence (or related) claim against an allegedly at-fault driver — and against owners or employers in some agency/vicarious-liability settings. Being “mostly not at fault” does not stop a lawsuit from being filed; it shapes whether the plaintiff can win and how much they recover.
You can also be sued even when you believe the other driver is primarily responsible. Fault is usually a contested jury (or settlement) issue under Utah Code § 78B-5-818.
Comparative fault and negligence in Utah
Utah applies modified comparative fault with a 50% bar. A plaintiff 50% or more at fault recovers nothing; lesser fault reduces damages proportionally.
In Utah, if you are 50% or more at fault, you recover nothing. Below 50%, damages are reduced by your share of fault.
Practical consequences:
- Settlement leverage tracks predicted fault shares.
- Insurers often reserve rights or deny coverage based on comparative-fault findings.
- Multiple defendants (other drivers, employers, vehicle owners) can split fault among themselves under Utah allocation rules.
Frequently asked questions
Can I get sued if the accident was not my fault?
Anyone can file a suit. Winning — and collecting — depends on proving negligence and overcoming Utah’s modified 50 rules under Utah Code § 78B-5-818.
What if I was partly at fault?
In Utah, if you are 50% or more at fault, you recover nothing. Below 50%, damages are reduced by your share of fault.
How long do I have to sue after a car accident in Utah?
Four years for personal injury actions under Utah Code § 78B-2-307(3).
Does insurance prevent a lawsuit?
Utah requires auto liability coverage; no-fault PIP applies to economic losses but fault governs bodily injury tort claims. Coverage disputes are separate from whether a tort claim exists.