What Happens If the Other Driver Was Uninsured? A Salt Lake City Car Accident Attorney Explains

Michael Porrazzo
Last updated on May 27, 2026

How Common Is Uninsured Driving in Utah?

Utah law requires all drivers to carry minimum liability insurance, but legal requirements do not guarantee compliance. A meaningful portion of drivers on Utah roads at any given moment are either uninsured or underinsured.

According to the Insurance Research Council, approximately one in eight drivers nationwide is uninsured. In some states and regions, that number is higher. The same study found that uninsured motorist claims have increased steadily over the years, reflecting a persistent gap between what the law requires and what drivers actually carry.

When an uninsured driver causes an accident, the injured party is left to pursue compensation through other channels — and knowing which channels exist, and how to use them, is where legal guidance makes a real difference.

Your Own Insurance Policy May Be Your First Line of Defense

Many drivers do not fully know what their own auto insurance policy covers until they need it. Two types of coverage are particularly relevant after a collision with an uninsured driver:

Uninsured Motorist Coverage (UM)

This coverage, which Utah insurers are required to offer, pays for your injuries and damages when the at-fault driver has no insurance. If you accepted this coverage when you purchased your policy, you can file a claim directly with your own insurer.

Underinsured Motorist Coverage (UIM)

This applies when the other driver has insurance, but their policy limits are too low to cover your full losses. If the at-fault driver carries only the state minimum and your injuries are severe, UIM coverage can bridge the gap.

Medical Payments Coverage (MedPay)

This optional coverage pays for your medical expenses regardless of who was at fault, making it a useful safety net in any accident scenario.

Reviewing your policy carefully — ideally with the help of a car accident lawyer Salt Lake City residents trust — can reveal coverage options you did not know you had.

What to Expect When Filing an Uninsured Motorist Claim

Filing a claim with your own insurance company might seem straightforward, but it carries its own complications. Your insurer, despite being your own provider, has a financial interest in minimizing what it pays out. That means even UM and UIM claims can be disputed, delayed, or undervalued.

What to expect during this process includes:

  • A claims adjuster assigned to evaluate your losses
  • Requests for medical records, wage documentation, and other evidence
  • A settlement offer that may not reflect the full value of your claim
  • Potential disputes over the extent of your injuries or the cost of future care

Insurance companies are experienced at this process. Most injury victims are not. Having an auto accident attorney Salt Lake City residents rely on means having someone who knows how insurers evaluate claims — and how to push back when an offer falls short.

Can You Sue an Uninsured Driver Directly?

Yes — but the practical outcome depends heavily on the other driver’s financial situation.

Filing a lawsuit against an uninsured driver is legally possible. If you win a judgment, you are entitled to collect that amount from the defendant. The challenge is that many uninsured drivers lack the financial resources to satisfy a judgment. Collecting on a court judgment from someone with no assets, no savings, and no steady income can be an extended and often fruitless process.

That does not mean pursuing a lawsuit is never worth it. In some cases, an uninsured driver may have assets worth pursuing — a home, a business, wages that can be garnished. A Salt Lake City accident lawyer can evaluate whether a direct lawsuit is a practical path in your specific situation, or whether your energy and resources are better focused on your own insurance coverage.

The Role of Utah’s Fault-Based Insurance System

Utah operates as a no-fault state for minor injuries, meaning drivers with personal injury protection (PIP) coverage turn to their own insurance first, regardless of who caused the accident. PIP covers medical expenses and lost wages up to the policy limit.

When injuries meet a certain threshold of severity — permanent disability, disfigurement, or medical costs exceeding a set amount — Utah law allows injured parties to step outside the no-fault system and pursue a claim or lawsuit against the at-fault driver directly.

This distinction matters in uninsured driver cases. If your injuries are significant, you may have the right to pursue the at-fault driver directly, file against your own UM coverage, or pursue both paths simultaneously. The right approach depends on the facts of your case, the coverage available, and the extent of your losses.

What Compensation Can You Recover?

Whether you recover compensation through your own insurer or through a direct lawsuit, the categories of damages available are generally the same:

  • Medical expenses — emergency care, hospitalization, surgery, rehabilitation, and ongoing treatment
  • Lost income — wages lost during recovery and reduced earning capacity if injuries affect your ability to work long-term
  • Property damage — repair or replacement of your vehicle and any personal property damaged in the crash
  • Pain and suffering — the physical pain and emotional distress caused by the accident and recovery process
  • Future medical costs — projected expenses for treatment you will need beyond the current date

The amount you recover depends on the documentation supporting your claim, the coverage limits available, and how effectively your legal team presents your losses.

Why Legal Representation Matters in Uninsured Motorist Cases

Handling an uninsured motorist claim without legal representation puts you at a significant disadvantage. Insurance adjusters are trained to evaluate and negotiate claims — and they do this every day. Most accident victims do not.

A skilled auto accident lawyer brings several advantages to this process:

  • Accurate claim valuation. Many victims underestimate the full value of their claim, particularly when it comes to future medical costs and non-economic damages like pain and suffering. An attorney calculates the full picture.
  • Negotiation leverage. Insurers know when a claimant has legal representation and when they do not. An attorney’s involvement typically changes how seriously a claim is handled.
  • Knowledge of policy language. Insurance policies are written in dense, technical language. An attorney can identify coverage that applies to your situation and spot provisions the insurer may be using to limit your recovery.
  • Litigation readiness. If negotiations break down and your claim needs to proceed to court — whether against the uninsured driver or your own insurer — having a legal team already familiar with your case is a significant advantage.

According to a study published by the Insurance Research Council, injury victims who hired an attorney received settlements on average 3.5 times higher than those who handled their claims without representation. That gap reflects the value of having someone in your corner who knows how the process works.

Choosing Porrazzo Rawlings Accident & Injury Law

An uninsured driver accident presents a layered set of legal and financial challenges. The path to fair compensation is not always obvious, and the window to act is limited. Utah’s statute of limitations sets a deadline for filing a personal injury claim, and evidence — dashcam footage, witness information, accident scene details — fades with time.

An auto accident attorney that accident victims turn to should bring honesty, preparation, and a genuine commitment to each client’s outcome. That is the standard Porrazzo Rawlings Accident & Injury Law holds itself to.

From the initial case review through negotiation or litigation, Porrazzo Rawlings Accident & Injury Law works to identify every available source of compensation, build a well-documented claim, and pursue the full value of what you have lost. No upfront fees. No costs unless compensation is recovered. Just a legal team that takes your case seriously from the first conversation.

If you were hit by an uninsured driver and are unsure where to turn, a Salt Lake City car accident attorney at Porrazzo Rawlings Accident & Injury Law is ready to help you understand your options and move forward with confidence.

Reach Out to Porrazzo Rawlings Accident & Injury Law Today

You should not be left covering the costs of an accident you did not cause. Let Porrazzo Rawlings Accident & Injury Law review your case and help you understand what your claim may be worth.

Call (801) 553-0505 to speak with a team member directly — no automated systems, no runaround. Chat with us online for quick answers from a real person without picking up the phone. Fill out our contact form, and we will follow up to schedule your free case review at a time that works for you.

No obligation. No fees unless we recover for you. Reach out today.