Utah · Comparative fault · Updated Oct 2026

Comparative fault in Utah: who pays when both drivers share the blame

How modified comparative fault with a 50% bar works in Utah, the law behind it and how insurers apply it.

Short answer

In Utah, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Rule
Modified (50% bar)
You recover nothing at
50% of the fault or more
Law
Utah Code § 78B-5-818(2) (you recover only from defendants whose combined fault exceeds yours; at 50% you recover nothing)
Insurance system
No-fault

Insurance and small claims in Utah

No-fault for injuries: every policy must include personal injury protection (PIP) of at least $3,000 per person for medical costs, plus partial lost income. You can sue for general damages (like pain and suffering) only for death, dismemberment, permanent disability or impairment, permanent disfigurement, a bone fracture, or medical expenses over $3,000.

Small claims limit for car damage in Utah: $20,000 (since Jan. 1, 2025; set to rise to $25,000 on Jan. 1, 2030). Utah small claims guide on Small Claims Map

How fast an insurer must handle a claim in Utah

  • PIP: benefits are paid monthly as expenses are incurred and are overdue if not paid within 30 days after the insurer receives reasonable proof; overdue amounts bear interest of 1.5% per month (Utah Code § 31A-22-309(5)).
  • Utah Code § 31A-26-303 lists unfair claim settlement practices (for example, misrepresenting policy terms, or failing to acknowledge and act promptly on claim communications as a general practice).

More facts for Utah

  • If you were 50% or more at fault, you recover nothing from the other driver (Utah Code § 78B-5-818).

If the insurer says you were partly at fault

  1. Get the police report. Ask the agency that handled the crash (city police, county sheriff or Utah Highway Patrol). Reporting a crash in Utah and getting the police report
  2. Ask the insurer in writing what share of the fault it gave you and why, and send your photos, witness names and estimates.
  3. If the insurer blames you without a good reason, complain to Utah Insurance Department, Consumer Services.
  4. Sue before the deadline: 4 years for both property damage and injury. Deadlines to sue in Utah, with the calculator

Who pays in Utah: fault and payout explainer

Modified comparative fault (50% bar)In Utah, your damages are reduced by your share of the fault, and you can't recover at all if you were 50% or more at fault (as much as or more than the other side).

Free help in Utah

Questions about comparative fault in Utah

Is Utah a comparative negligence state?

Yes, modified comparative negligence with a 50% bar. Utah Code § 78B-5-818(2) (you recover only from defendants whose combined fault exceeds yours; at 50% you recover nothing)

Does fault still matter in Utah's no-fault system?

Utah is a no-fault state for injuries: your own personal injury protection (PIP) pays your first medical bills and lost income, whoever caused the crash. You can sue the other driver for injuries only in some cases, described below. No-fault for injuries: every policy must include personal injury protection (PIP) of at least $3,000 per person for medical costs, plus partial lost income. You can sue for general damages (like pain and suffering) only for death, dismemberment, permanent disability or impairment, permanent disfigurement, a bone fracture, or medical expenses over $3,000.

Where can I complain if an insurer blames me unfairly in Utah?

Utah Insurance Department, Consumer Services: https://insurance.utah.gov/consumer/complaints · 1-800-439-3805

How fast must an insurer handle a car insurance claim in Utah?

PIP: benefits are paid monthly as expenses are incurred and are overdue if not paid within 30 days after the insurer receives reasonable proof; overdue amounts bear interest of 1.5% per month (Utah Code § 31A-22-309(5)). Utah Code § 31A-26-303 lists unfair claim settlement practices (for example, misrepresenting policy terms, or failing to acknowledge and act promptly on claim communications as a general practice).

How do I get the police report in Utah?

Ask the agency that handled the crash (city police, county sheriff or Utah Highway Patrol). For Utah Highway Patrol crashes, the Department of Public Safety takes accident report and records requests through its online portal: https://publicsafetyutah.govqa.us/WEBAPP/_rs/supporthome.aspx.

More for Utah drivers

Nearby states

Sources

Last checked: Oct 24, 2026.