People hit while walking or riding a bike are often surprised by the first question they have to ask: whose insurance pays, when I was not even in a car?
The answer in Utah is usually more coverage than people think, and it works in layers.
Layer one: personal injury protection
Utah is a no-fault state for the first $3,000 of medical expenses per person under Utah Code § 31A-22-307. The question is whose PIP applies to you.
Under § 31A-22-308:
- If you have your own auto policy, your PIP generally covers you as the named insured when you are injured in an accident involving a motor vehicle, even if you were on foot or on a bike. Family members who live with you can be covered the same way.
- If you are a pedestrian and do not have a policy of your own, the PIP on the car that hit you covers a pedestrian injured in an accident in Utah involving that car.
PIP pays regardless of fault. It is also only the beginning.
Layer two: the driver's liability insurance
Everything past PIP, including pain and suffering, comes from the at-fault driver's liability coverage. Utah's threshold in § 31A-22-309 still applies: to claim general damages you need a qualifying injury such as a bone fracture, a permanent impairment, or more than $3,000 in medical expenses. Pedestrians and cyclists hit by cars often cross that line.
Layer three: your own UM and UIM
Utah's minimum liability limit does not go far with a serious injury, and hit-and-runs happen when the victim is on foot or on a bike. Uninsured motorist coverage on your own policy can pay when the driver had no insurance or cannot be identified, and underinsured coverage when their limits run out. Check every policy in your household.
The three-foot rule
Utah treats pedestrians, cyclists, e-bike riders, scooter riders and people in wheelchairs as vulnerable users of a highway under § 41-6a-706.5. A driver may not knowingly, intentionally or recklessly:
- operate within three feet of a vulnerable user
- try to distract one to cause injury
- try to force one off the road
A violation that causes bodily injury is a class C misdemeanor. It is also strong evidence in the civil claim.
Fault still matters
Utah's comparative fault rule, § 78B-5-818, applies to pedestrians and cyclists too. The insurer will look for anything: a crosswalk you were near but not in, dark clothing, no light on the bike, earbuds. Think of fault like a pizza. Every slice they put on your plate comes off the claim. So the evidence has to be gathered before the story hardens.
What to do
- Get medical care. It is not the time to be brave. Adrenaline hides injuries, especially head injuries. Tell the provider everything, including any headache, dizziness or confusion.
- Call the police, even if the driver wants to exchange numbers and leave.
- Photograph everything: the car and its plate, where you ended up, the crosswalk or bike lane, the signals, the lighting, your bike and your clothes.
- Get witness names and numbers yourself.
- Ask nearby businesses and homes to save their video in writing, today.
- Keep the bike, the helmet and your clothing as they are. They are evidence and they are part of the property damage.
- Do not give the driver's insurer a recorded statement. Tell them no.
The deadlines
- Personal injury — four years. Utah Code § 78B-2-307.
- Wrongful death — two years. § 78B-2-304.
- Property damage, including your bike — three years. § 78B-2-305.
- A city vehicle, UTA bus or road defect: written notice of claim within one year. § 63G-7-402.
LawyerUp handles the damage to your bike and gear alongside the injury claim.
Call (801) 685-1000. The consultation is free.