UNINSURED MOTORIST CLAIMS IN UTAH
QUESTION: I know that in car accidents where the other person had car insurance, there is a threshold requirement before asserting a general damages claim. Does Utah’s threshold apply to car accidents where the other person didn’t have insurance or ran from the scene? 
ANSWER: Utah’s threshold does not apply to situations where the other person didn’t have car insurance or ran from the scene. In cases where the other car had insurance you can’t assert a claim for general damages (pain and suffering) unless you meet threshold. Utah’s threshold is found at Utah Code 31A-22-309 and reads:
31A-22-309. Limitations, exclusions, and conditions to personal injury protection.
(a) A person who has or is required to have direct benefit coverage under a policy which includes personal injury protection may not maintain a cause of action for general damages arising out of personal injuries alleged to have been caused by an automobile accident, except where the person has sustained one or more of the following:
(i) death;
(ii) dismemberment;
(iii) permanent disability or permanent impairment based upon objective findings;
(iv) permanent disfigurement;
(v) a bone fracture; or
(vi) medical expenses to a person in excess of $3,000.
(b) Subsection (1)(a) does not apply to a person making an uninsured motorist claim.