Utah Personal Injury Laws: Deadlines to Sue, Fault Rules and Damage Caps
Utah injury rules: deadline to sue, medical malpractice and wrongful death time limits, comparative fault, damage caps, dog bites and auto insurance minimums.
Quick answers for Utah
- Deadline to sue for an injury
- Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a… Utah Code §§ 78B-2-307(4), 78B-2-304(4), (5)
- Fault rule (comparative negligence)
- Modified comparative fault (50% bar). An injured person can recover from defendants whose combined fault (together with immune persons and nonparties to whom fault is assigned) exceeds the injured person's own fault. Utah Code § 78B-5-818
- Wrongful death deadline
- Two years for recovery of damages for a death caused by the wrongful act or neglect of another. Utah Code § 78B-2-304(3)
- Minimum car insurance
- For policies issued or renewed on or after January 1, 2025, minimum liability coverage is $30,000 for bodily injury or death of one person, $65,000 for two or more people in one accident, and $25,000 for property damage (or a $90,000 combined single limit). Utah Code §§ 31A-22-304, 31A-22-307, 31A-22-309
Last verified: 2026-10-27
Deadlines to file
| Deadline to sue for an injury | Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit. Applying the four-year catch-all to personal injury claims follows from the statute's text; |
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| Deadline to sue for property damage | Three years for taking, detaining or injuring personal property and for waste, trespass or injury to real property. Damage to a motor vehicle or other personal property from a motor vehicle accident has a four-year limit. |
| Medical malpractice deadline | Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. For a foreign object wrongfully left in the body, or when the provider fraudulently concealed the misconduct, the deadline is one year after discovery. Source: Utah Code § 78B-3-404 |
| Wrongful death deadline | Two years for recovery of damages for a death caused by the wrongful act or neglect of another. Source: Utah Code § 78B-2-304(3) |
| Suing the government | Under the Governmental Immunity Act, a written notice of claim must be filed with the government entity within one year after the claim arises (a claim does not arise until the claimant knew or reasonably should have known of the claim and the entity's identity). The claimant may not sue until 60 days after filing the notice, and must sue within two years after the claim arises. Judgments for personal injury are capped (the statute lists $583,900 per person and $233,600 for property damage per occurrence, with a $3,000,000 aggregate per occurrence), and the limits are adjusted periodically under a statutory formula. Damage limits: https://le.utah.gov/xcode/Title63G/Chapter7/63G-7-S604.html |
Fault and damages
| Fault rule (comparative negligence) | Modified comparative fault (50% bar). An injured person can recover from defendants whose combined fault (together with immune persons and nonparties to whom fault is assigned) exceeds the injured person's own fault. If the injured person is 50% or more at fault, they recover nothing. Each defendant pays only its own share of fault. Source: Utah Code § 78B-5-818 |
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| Damage caps | No general cap on damages in ordinary personal injury cases was found. Caps apply to noneconomic damages in medical malpractice cases and to judgments against government entities. |
| Medical malpractice caps | In a malpractice action against a health care provider, noneconomic damages (pain, suffering and inconvenience) are capped at $450,000 for causes of action arising on or after May 15, 2010 (lower or inflation-adjusted amounts apply to older claims). The cap does not apply to punitive damages. Source: Utah Code § 78B-3-410 |
| Punitive damages | Allowed only if compensatory or general damages are awarded and it is shown by clear and convincing evidence that the conduct was willful and malicious, intentionally fraudulent, or showed knowing and reckless indifference toward the rights of others. These limits do not apply to claims arising from driving or boating while intoxicated, or from providing illegal controlled substances that cause death. There is no fixed dollar cap, but any punitive award above $50,000 is split equally between the injured party and the state. Source: Utah Code § 78B-8-201 |
Wrongful death
| Who can sue for wrongful death | The person's heirs, or the personal representative for the benefit of the heirs, may bring the action. If an adult who died had a guardian, the personal representative or the guardian may bring it for the heirs, and only one action is allowed. Damages are those that are just under all the circumstances. Deaths covered by workers' compensation follow that law instead. Source: Utah Code § 78B-3-106 |
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| Wrongful death deadline | Two years for recovery of damages for a death caused by the wrongful act or neglect of another. Source: Utah Code § 78B-2-304(3) |
Car accidents and dog bites
| Reporting a crash to police | In a crash involving injury or death, the driver must immediately, by the quickest means available, notify (or have someone notify) the nearest law enforcement office; if the driver cannot, a capable passenger must. In a property-damage-only crash, the driver must immediately notify the nearest law enforcement office if the apparent property damage is $2,500 or more. Property-damage rule: https://le.utah.gov/xcode/Title41/Chapter6A/C41-6a-S401_2026050620260701.html (version effective July 1, 2026). |
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| Crash report to the DMV | Utah drivers do not automatically file a crash report with the state. The department may require the driver in a crash involving injury, death or total apparent property damage of $2,500 or more to file a report (and any supplemental report) within 10 days after it asks. If the driver is incapable and is not the owner, the owner must file within 15 days of learning of the crash. A driver who fails to file a required report has their license suspended until it is filed. A peace officer who investigates such a crash files an electronic report with the department within 10 days after finishing the investigation. Source: Utah Code § 41-6a-402 |
| Leaving the scene (hit and run) | A driver who has reason to believe they may have been in a crash injuring someone must stop immediately at or near the scene and stay until they have given their name, address, registration number and insurer (with phone number), shown their license if asked, and given reasonable help to anyone injured (including arranging transport for treatment); a driver who realizes only later must comply as nearly as possible right away. Leaving an injury crash is a class A misdemeanor; a third-degree felony if it causes serious bodily injury (or with certain prior convictions); a second-degree felony if someone dies (or serious injury with a prior conviction). In a property-damage crash, the driver may move out of traffic but must stay and exchange the same information, or for unattended property, find the owner or leave a written note. Failing to do so is a class B misdemeanor (higher with prior convictions). Voluntarily reporting the crash to police within six hours blocks prior-conviction enhancements. |
| Minimum car insurance | For policies issued or renewed on or after January 1, 2025, minimum liability coverage is $30,000 for bodily injury or death of one person, $65,000 for two or more people in one accident, and $25,000 for property damage (or a $90,000 combined single limit). Utah is a no-fault state: policies must include personal injury protection (PIP) of at least $3,000 per person for medical expenses, plus lost-income and household-services benefits. A person with PIP coverage may sue for general damages (such as pain and suffering) only for death, dismemberment, permanent disability or impairment, permanent disfigurement, a bone fracture, or medical expenses over $3,000. PIP and tort threshold: https://le.utah.gov/xcode/Title31A/Chapter22/31A-22-S309.html |
| Dog bites | Strict liability statute. A person who owns or keeps a dog is liable for an injury caused by the dog, whether or not the dog is vicious and whether or not the owner knew it was. Damages are determined under Utah's comparative negligence law. Exceptions include certified police dogs used properly in law enforcement, and injuries to a trespasser (in violation of the criminal trespass law) or another animal on the owner's private property while the dog is reasonably secured in a fence or enclosure. Source: Utah Code § 18-1-1 |
Slip, trip and fall injuries
| Slip and fall: property owner's duty | Utah's model civil jury instructions describe the owner's duty by the visitor's status. For an invitee (a business customer or someone on property held open to the public), the injured person must prove the owner knew or should have known of the condition or activity, knew or should have known it presented an unreasonable risk of harm, and knew or should have known the visitor would not discover it or protect themselves; the owner must use reasonable care to discover the danger and repair, replace or adequately warn. A licensee (someone present with permission) must prove the owner knew or had reason to know of the condition and its unreasonable risk, and that the licensee would not discover it. Separate instructions cover trespassers. |
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| Sidewalk falls: who is responsible | Utah waives governmental immunity for injuries caused by a defective, unsafe or dangerous condition of a highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge or other structure on them (subject to the exceptions in 63G-7-201(3)), so a city can be sued for a sidewalk defect under the Governmental Immunity Act's notice rules and damage limits. Utah's model jury instruction on persons on a public way addresses a defendant who created a condition affecting a public way (or allowed it), failed to use reasonable care to make it safe after knowing or when it should have known of it. No Utah statute shifting public-sidewalk liability to the abutting owner was identified; none is claimed. |
| Claims against a city or county | Claims against any Utah governmental entity, including cities, towns, counties, school districts and special districts, go under the Governmental Immunity Act, which covers state and local government alike. A written notice of claim must be filed within one year after the claim arises, delivered to the city or town clerk, the county clerk, the school district superintendent or business administrator, or the special district's board officer as applicable. The entity must acknowledge the notice within 60 days; the claimant may not sue until 60 days after filing the notice and must sue within two years after the claim arises. Judgments for personal injury are capped at the statutory amount ($583,900 per person, $233,600 for property damage, and $3,000,000 aggregate per occurrence as written in the statute), adjusted under a statutory formula. |
| Injuries on land used for recreation | A Utah landowner owes no duty to keep land safe for people using it for any recreational purpose and no duty to warn of dangerous conditions. An owner who invites or allows recreational use free of charge (or for no more than $1 per year) does not promise the land is safe, does not give the user invitee or licensee status, and is not liable for injuries caused by the user or others. The law does not limit liability for willful or malicious failure to guard or warn against a dangerous condition, for deliberate, willful or malicious injury, or where the owner charges a fee to enter or use the land for recreation. |
Motorcycle, pedestrian, bicycle, Uber/Lyft and truck crashes
| Motorcycle helmet law | Utah requires helmets only for riders under 21: an individual under 21 may not operate or ride a motorcycle (or an electric assisted bicycle, motor assisted scooter, high power electric device, or open autocycle) on a highway without a helmet meeting the adopted federal standards, except inside an enclosed cab. The statute says failing to wear a helmet is not contributory or comparative negligence and may not be introduced as evidence in civil litigation on negligence, injuries or reducing damages. |
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| Lane splitting | Utah bans lane splitting (riding between lanes of traffic or rows of vehicles) but allows limited lane filtering: a motorcycle may pass a vehicle that is stopped in the same lane only on a road with two or more lanes in the same direction and a speed limit of 45 mph or less (or on such an off-ramp), not on an on-ramp, at 15 mph or less, and only when safe. The Utah Code schedules the lane-filtering subsections to be repealed on July 1, 2027. |
| Pedestrian right-of-way | Drivers must yield, slowing or stopping if needed, to a pedestrian crossing within a crosswalk on the driver's half of the road or approaching closely from the other half, and must come to a complete stop at an occupied school crosswalk. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent signalized intersections pedestrians may cross only in a marked crosswalk, and a violation is an infraction. |
| Bicycle laws | A bicycle rider has all the rights and is subject to the traffic rules of other vehicle operators. Drivers may not knowingly, intentionally or recklessly operate a motor vehicle within three feet of a bicyclist or other vulnerable road user. Cyclists slower than traffic ride as near as practicable to the right edge (with exceptions) and may ride no more than two abreast. On sidewalks, cyclists must yield to pedestrians and give an audible signal before passing, and adults 18 and older may not ride where a sign or ordinance prohibits it. Utah's helmet law for riders under 21 covers electric assisted bicycles but not ordinary bicycles. |
| Uber and Lyft insurance | Utah requires the rideshare (transportation network) company or driver to keep primary insurance. During the waiting period (app on, no ride): liability of at least $50,000 per individual, $100,000 for all individuals, and $30,000 for property damage per occurrence. During a prearranged ride: at least $1,000,000 liability per occurrence. Both periods require personal injury protection as required by state law and uninsured and underinsured motorist coverage where state law requires it. Source: Utah Code § 13-51-108(1), (2) |
| Truck safety and insurance rules | Utah's Department of Transportation must make rules adopting the Federal Motor Carrier Safety Regulations by reference in whole or in part, including minimum security (insurance) requirements for motor carriers, and motor carriers may operate commercial vehicles on Utah highways only under the chapter and the department's rules. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9. The department's rule text (Utah Admin. Code R909) was not read; no separate intrastate insurance amount is stated here. |
Construction accidents
| Construction site injuries | Utah's workers' compensation law makes workers' comp the exclusive remedy against the employer and its officers, agents and employees. The statute expressly lets an injured worker sue third parties who are not the worker's employer and not 'eligible employers' under the Act, naming a subcontractor, general contractor, independent contractor, property owner, or lessee of a property owner, while still claiming workers' comp. |
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Personal Injury & Wrongful Death FAQ
What is the statute of limitations for personal injury in Utah?
Utah's statutes do not list a specific deadline for ordinary negligence personal injury claims. They fall under the four-year limit for relief "not otherwise provided for by law." Claims against the state, a political subdivision, or their employees for injury to personal rights have a two-year limit.
How long do you have to sue for property damage in Utah?
Three years for taking, detaining or injuring personal property and for waste, trespass or injury to real property. Damage to a motor vehicle or other personal property from a motor vehicle accident has a four-year limit.
What is the statute of limitations for medical malpractice in Utah?
Two years after the patient discovers, or with reasonable diligence should have discovered, the injury, but no more than four years after the act or omission. For a foreign object wrongfully left in the body, or when the provider fraudulently concealed the misconduct, the deadline is one year after discovery.
How long do you have to file a wrongful death lawsuit in Utah?
Two years for recovery of damages for a death caused by the wrongful act or neglect of another.
Who can file a wrongful death lawsuit in Utah?
The person's heirs, or the personal representative for the benefit of the heirs, may bring the action. If an adult who died had a guardian, the personal representative or the guardian may bring it for the heirs, and only one action is allowed. Damages are those that are just under all the circumstances. Deaths covered by workers' compensation follow that law instead.
Can you recover damages if you were partly at fault in Utah?
Modified comparative fault (50% bar). An injured person can recover from defendants whose combined fault (together with immune persons and nonparties to whom fault is assigned) exceeds the injured person's own fault. If the injured person is 50% or more at fault, they recover nothing. Each defendant pays only its own share of fault.
Does Utah cap damages in personal injury cases?
No general cap on damages in ordinary personal injury cases was found. Caps apply to noneconomic damages in medical malpractice cases and to judgments against government entities.
Is there a cap on medical malpractice damages in Utah?
In a malpractice action against a health care provider, noneconomic damages (pain, suffering and inconvenience) are capped at $450,000 for causes of action arising on or after May 15, 2010 (lower or inflation-adjusted amounts apply to older claims). The cap does not apply to punitive damages.
When can you get punitive damages in Utah?
Allowed only if compensatory or general damages are awarded and it is shown by clear and convincing evidence that the conduct was willful and malicious, intentionally fraudulent, or showed knowing and reckless indifference toward the rights of others. These limits do not apply to claims arising from driving or boating while intoxicated, or from providing illegal controlled substances that cause death. There is no fixed dollar cap, but any punitive award above $50,000 is split equally between the injured party and the state.
How do you file an injury claim against the government in Utah?
Under the Governmental Immunity Act, a written notice of claim must be filed with the government entity within one year after the claim arises (a claim does not arise until the claimant knew or reasonably should have known of the claim and the entity's identity). The claimant may not sue until 60 days after filing the notice, and must sue within two years after the claim arises. Judgments for personal injury are capped (the statute lists $583,900 per person and $233,600 for property damage per occurrence, with a $3,000,000 aggregate per occurrence), and the limits are adjusted periodically under a statutory formula.
Is a dog owner liable for a dog bite in Utah?
Strict liability statute. A person who owns or keeps a dog is liable for an injury caused by the dog, whether or not the dog is vicious and whether or not the owner knew it was. Damages are determined under Utah's comparative negligence law. Exceptions include certified police dogs used properly in law enforcement, and injuries to a trespasser (in violation of the criminal trespass law) or another animal on the owner's private property while the dog is reasonably secured in a fence or enclosure.
What is the minimum car insurance required in Utah?
For policies issued or renewed on or after January 1, 2025, minimum liability coverage is $30,000 for bodily injury or death of one person, $65,000 for two or more people in one accident, and $25,000 for property damage (or a $90,000 combined single limit). Utah is a no-fault state: policies must include personal injury protection (PIP) of at least $3,000 per person for medical expenses, plus lost-income and household-services benefits. A person with PIP coverage may sue for general damages (such as pain and suffering) only for death, dismemberment, permanent disability or impairment, permanent disfigurement, a bone fracture, or medical expenses over $3,000.
When do you have to report a car accident to the police in Utah?
In a crash involving injury or death, the driver must immediately, by the quickest means available, notify (or have someone notify) the nearest law enforcement office; if the driver cannot, a capable passenger must. In a property-damage-only crash, the driver must immediately notify the nearest law enforcement office if the apparent property damage is $2,500 or more.
Do you have to report a car accident to the DMV in Utah?
Utah drivers do not automatically file a crash report with the state. The department may require the driver in a crash involving injury, death or total apparent property damage of $2,500 or more to file a report (and any supplemental report) within 10 days after it asks. If the driver is incapable and is not the owner, the owner must file within 15 days of learning of the crash. A driver who fails to file a required report has their license suspended until it is filed. A peace officer who investigates such a crash files an electronic report with the department within 10 days after finishing the investigation.
What are your duties after a car accident in Utah?
A driver who has reason to believe they may have been in a crash injuring someone must stop immediately at or near the scene and stay until they have given their name, address, registration number and insurer (with phone number), shown their license if asked, and given reasonable help to anyone injured (including arranging transport for treatment); a driver who realizes only later must comply as nearly as possible right away. Leaving an injury crash is a class A misdemeanor; a third-degree felony if it causes serious bodily injury (or with certain prior convictions); a second-degree felony if someone dies (or serious injury with a prior conviction). In a property-damage crash, the driver may move out of traffic but must stay and exchange the same information, or for unattended property, find the owner or leave a written note. Failing to do so is a class B misdemeanor (higher with prior convictions). Voluntarily reporting the crash to police within six hours blocks prior-conviction enhancements.
Who is responsible if you slip and fall on someone's property in Utah?
Utah's model civil jury instructions describe the owner's duty by the visitor's status. For an invitee (a business customer or someone on property held open to the public), the injured person must prove the owner knew or should have known of the condition or activity, knew or should have known it presented an unreasonable risk of harm, and knew or should have known the visitor would not discover it or protect themselves; the owner must use reasonable care to discover the danger and repair, replace or adequately warn. A licensee (someone present with permission) must prove the owner knew or had reason to know of the condition and its unreasonable risk, and that the licensee would not discover it. Separate instructions cover trespassers.
Who is liable if you trip and fall on a sidewalk in Utah?
Utah waives governmental immunity for injuries caused by a defective, unsafe or dangerous condition of a highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge or other structure on them (subject to the exceptions in 63G-7-201(3)), so a city can be sued for a sidewalk defect under the Governmental Immunity Act's notice rules and damage limits. Utah's model jury instruction on persons on a public way addresses a defendant who created a condition affecting a public way (or allowed it), failed to use reasonable care to make it safe after knowing or when it should have known of it.
How long do you have to file a claim against a city or county in Utah?
Claims against any Utah governmental entity, including cities, towns, counties, school districts and special districts, go under the Governmental Immunity Act, which covers state and local government alike. A written notice of claim must be filed within one year after the claim arises, delivered to the city or town clerk, the county clerk, the school district superintendent or business administrator, or the special district's board officer as applicable. The entity must acknowledge the notice within 60 days; the claimant may not sue until 60 days after filing the notice and must sue within two years after the claim arises. Judgments for personal injury are capped at the statutory amount ($583,900 per person, $233,600 for property damage, and $3,000,000 aggregate per occurrence as written in the statute), adjusted under a statutory formula.
Is a landowner liable for injuries on land used for recreation in Utah?
A Utah landowner owes no duty to keep land safe for people using it for any recreational purpose and no duty to warn of dangerous conditions. An owner who invites or allows recreational use free of charge (or for no more than $1 per year) does not promise the land is safe, does not give the user invitee or licensee status, and is not liable for injuries caused by the user or others. The law does not limit liability for willful or malicious failure to guard or warn against a dangerous condition, for deliberate, willful or malicious injury, or where the owner charges a fee to enter or use the land for recreation.
Do you have to wear a motorcycle helmet in Utah?
Utah requires helmets only for riders under 21: an individual under 21 may not operate or ride a motorcycle (or an electric assisted bicycle, motor assisted scooter, high power electric device, or open autocycle) on a highway without a helmet meeting the adopted federal standards, except inside an enclosed cab. The statute says failing to wear a helmet is not contributory or comparative negligence and may not be introduced as evidence in civil litigation on negligence, injuries or reducing damages.
Is lane splitting legal in Utah?
Utah bans lane splitting (riding between lanes of traffic or rows of vehicles) but allows limited lane filtering: a motorcycle may pass a vehicle that is stopped in the same lane only on a road with two or more lanes in the same direction and a speed limit of 45 mph or less (or on such an off-ramp), not on an on-ramp, at 15 mph or less, and only when safe. The Utah Code schedules the lane-filtering subsections to be repealed on July 1, 2027.
Who has the right of way, a pedestrian or a driver, in Utah?
Drivers must yield, slowing or stopping if needed, to a pedestrian crossing within a crosswalk on the driver's half of the road or approaching closely from the other half, and must come to a complete stop at an occupied school crosswalk. Drivers may not pass a vehicle stopped at a crosswalk for a pedestrian, and pedestrians may not suddenly step into the path of a vehicle too close to stop. A pedestrian crossing outside a marked crosswalk or an unmarked crosswalk at an intersection must yield to all vehicles; between adjacent signalized intersections pedestrians may cross only in a marked crosswalk, and a violation is an infraction.
What are the bicycle laws in Utah?
A bicycle rider has all the rights and is subject to the traffic rules of other vehicle operators. Drivers may not knowingly, intentionally or recklessly operate a motor vehicle within three feet of a bicyclist or other vulnerable road user. Cyclists slower than traffic ride as near as practicable to the right edge (with exceptions) and may ride no more than two abreast. On sidewalks, cyclists must yield to pedestrians and give an audible signal before passing, and adults 18 and older may not ride where a sign or ordinance prohibits it. Utah's helmet law for riders under 21 covers electric assisted bicycles but not ordinary bicycles.
What insurance must Uber and Lyft drivers have in Utah?
Utah requires the rideshare (transportation network) company or driver to keep primary insurance. During the waiting period (app on, no ride): liability of at least $50,000 per individual, $100,000 for all individuals, and $30,000 for property damage per occurrence. During a prearranged ride: at least $1,000,000 liability per occurrence. Both periods require personal injury protection as required by state law and uninsured and underinsured motorist coverage where state law requires it.
What safety and insurance rules apply to trucks in Utah?
Utah's Department of Transportation must make rules adopting the Federal Motor Carrier Safety Regulations by reference in whole or in part, including minimum security (insurance) requirements for motor carriers, and motor carriers may operate commercial vehicles on Utah highways only under the chapter and the department's rules. For interstate trucks, federal minimum insurance is set in 49 CFR 387.9.
Can you sue for a construction accident in Utah?
Utah's workers' compensation law makes workers' comp the exclusive remedy against the employer and its officers, agents and employees. The statute expressly lets an injured worker sue third parties who are not the worker's employer and not 'eligible employers' under the Act, naming a subcontractor, general contractor, independent contractor, property owner, or lessee of a property owner, while still claiming workers' comp.
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