If a standard Utah auto or homeowners policy is hard to find, official law and official Insurance Department materials describe specific backup paths. For auto coverage, official 31A-22-310 authorizes an assigned-risk plan. For homeowners risks that admitted insurers decline, official Department materials point to difference-in-condition policies and surplus-lines coverage, not to a FAIR Plan.

What is Utah's official residual auto path?

Official 31A-22-310 authorizes a residual automobile insurance market, often called the assigned-risk plan. Official 31A-21-303(9) adds a consumer protection: if a risk-sharing plan exists for the kind of coverage being cancelled or nonrenewed, a required cancellation or nonrenewal notice is not effective unless it contains instructions for applying through that plan.

That means a motor vehicle cancellation or nonrenewal notice should tell you that assigned-risk coverage is available and how to apply. If a notice omits those instructions, official 31A-21-303 is the statute to raise with the insurer and, if needed, with the Utah Insurance Department.

This article does not invent a consumer phone number or application address that official Department pages reviewed for this hub did not display in the text on the page. Confirm the current assigned-risk application steps with a licensed local agent or the Department. Official consumer numbers are 801-957-9200 in the Salt Lake area and 1-800-439-3805 toll free in Utah.

Assigned-risk coverage is a last-resort auto path after you have tried the voluntary market. It is not a substitute for shopping several admitted companies first, which official consumer guidance still treats as the starting point after a cancellation or nonrenewal.

Is there a Utah FAIR Plan for homeowners insurance?

Official Insurance Department home-insurance materials reviewed for this article do not describe a Utah FAIR Plan, an official homeowners residual-market cap, or a named market-assistance program like those in some other states. Do not assume that a FAIR Plan application exists here.

Instead, official Department pages describe two tools that can fill gaps in a standard homeowners policy or replace coverage an admitted insurer will not write.

What is a difference-in-condition policy?

Official Department materials on difference-in-condition, or DIC, policies explain that these policies provide catastrophe coverages not normally included in a basic homeowners policy, such as earthquake, flood, and mudslide coverages. Official flood materials make the same point: a DIC policy may cover perils that a standard homeowners policy and, in some cases, a flood policy leave out, including a mudslide that is not a liquid mudflow.

DIC policies are offered through many licensed insurance producers. Official materials stress that coverages, definitions, and requirements vary, and that you should review a sample policy before purchase. A DIC policy is not automatically a full homeowners substitute, and it is not the same product as a National Flood Insurance Program policy.

When does surplus-lines coverage come up?

If admitted insurers decline a homeowners risk, official Department materials point consumers to excess-and-surplus lines coverage arranged through a licensed surplus-lines producer. Surplus-lines insurance is a lawful placement in the nonadmitted market, subject to official licensing and disclosure rules. It is not a Department-issued residual policy, and the terms can differ from a standard admitted homeowners form.

Ask the producer to explain, in writing, why the risk is being placed in the surplus-lines market, what the policy covers and excludes, and how a claim will be handled. Confirm that the producer is licensed. Official Department licensing and surplus-lines pages, and a license search, are the official ways to check that point.

How do these paths relate to flood and wildfire risk?

Official Department flood materials explain that a standard homeowners policy does not cover flood or post-wildfire mudflow, and that flood insurance is a separate policy, usually through the National Flood Insurance Program. A later article in this hub covers that flood rule, the official 30-day waiting period, and the official post-wildfire exception.

A DIC policy may be discussed at the same time as flood coverage, because official materials list flood, earthquake, and mudslide among the catastrophe coverages a DIC policy can address. Those products still have to be compared line by line. Talk with a licensed local agent about whether a standard admitted policy, a flood policy, a DIC policy, a surplus-lines homeowners policy, or some combination matches the property and the official gaps described by the Department.

If you cannot resolve a placement or claims dispute, use the official Department complaint process after you contact the company or agent. Official materials say that process usually takes three to four weeks.

Talk with a licensed local agent about the assigned-risk plan for auto coverage you cannot find in the voluntary market, and about DIC or surplus-lines options if an admitted homeowners policy is declined. Confirm current official steps with the Utah Insurance Department rather than relying on unofficial residual-market names from other states.

FAQ

Does Utah have an assigned-risk plan for auto insurance?

Yes. Official 31A-22-310 authorizes the plan, and official 31A-21-303 requires a motor vehicle cancellation or nonrenewal notice to include instructions for applying through an available risk-sharing plan.

Does Utah have a FAIR Plan for homeowners insurance?

Official Insurance Department home-insurance materials reviewed for this article do not describe a Utah FAIR Plan. Official materials instead discuss difference-in-condition policies and surplus-lines coverage when admitted insurers decline a risk.

What can a difference-in-condition policy cover?

Official Department materials say DIC policies can provide catastrophe coverages not normally included in a basic homeowners policy, such as earthquake, flood, and mudslide coverages. Terms vary, so review a sample policy before purchase.

Where do I confirm current residual-market steps?

Confirm current assigned-risk and surplus-lines steps with a licensed local agent or the Utah Insurance Department at 801-957-9200 or 1-800-439-3805.

Sources: 31A-21-303, Utah Insurance Department, Difference In Condition Policies, Utah Insurance Department, Frequently Asked Questions About Flood Insurance, Utah Insurance Department, Complaints.

Official 31A-21-303 sets Utah cancellation and nonrenewal notice periods for personal auto and homeowners policies. A midterm cancellation other than nonpayment is effective no sooner than 30 days after delivery or first-class mailing. A nonrenewal notice is due at least 30 days before expiration or the anniversary date.

What can a company cancel for, and how much notice is required?

Official 31A-21-303 applies to most property and casualty policies issued on forms subject to filing, and it excludes life insurance, accident and health insurance, and annuities. A policy may provide terms more favorable to insureds than the statute requires.

Except as officially provided, an insurer may not cancel a policy before the earlier of the agreed term or one year from the effective date of the policy or renewal. An insurer may still cancel for nonpayment of a premium when due, or for official "grounds": material misrepresentation; a substantial change in the risk assumed, unless the insurer should reasonably have foreseen the change; substantial breaches of contractual duties, conditions, or warranties; or, for motor vehicle insurance, revocation or suspension of the driver's license of the named insured or another person who customarily drives the vehicle.

The 30-day cancellation notice applies to those midterm cancellations other than nonpayment. The 10-day notice applies to cancellation for nonpayment of a personal lines policy. Notice of cancellation for nonpayment must include a statement of the reason. For other grounds, official 31A-21-303(7) requires the notice to tell the policyholder about the right to make a written inquiry. If the notice does not state the facts with reasonable precision, the insurer must send or deliver that information within 10 working days after receiving the written request.

A shorter official path applies to a contract that has not been previously renewed and has been in effect less than 60 days on the day the written cancellation notice is mailed or delivered. A cancellation in that early period may not be effective until at least 10 days after written notice is delivered to the insured, and it is not subject to the inquiry procedure in subsection (7).

What notice is required if the company does not renew the policy?

A policyholder has a right to renewal on the terms then being applied to similar risks, unless official exceptions apply. That right is extinguished if, at least 30 days before the policy expires or completes an anniversary, the insurer delivers or sends by first-class mail a notice of intention not to renew, sent to the policyholder's last-known address.

The right to renewal can also be extinguished if, no more than 45 and no less than 14 days before the renewal premium is due, the insurer sends a notice that clearly states the renewal premium, how and when to pay it, that failure to pay extinguishes the right to renewal, and that extinguishment for nonpayment is effective no sooner than 10 days after a written notice that the premium was not paid when due. Official law also treats acceptance of replacement coverage, a request or agreement to nonrenew, or an expressly nonrenewable policy as ending the renewal right.

If the insurer offers to renew on less favorable terms or at higher rates, official 31A-21-303(6) generally requires notice of the new terms or rates at least 30 days before the previous policy expires. If that prior notice was not given, the new terms or rates do not take effect until 30 days after the notice is delivered or mailed, and the policyholder may cancel the renewal policy during that 30-day period. A generally applicable class-wide rate increase, a classification change based on a changed risk, or a form change made to conform to Utah law is treated differently, except that those exceptions do not apply to a rate increase of 25% or more on a commercial policy.

Which claims cannot be the sole reason for a personal-lines nonrenewal?

Official 31A-21-303(5) limits certain sole-basis nonrenewals. For a motor vehicle policy, a company may not fail to renew solely because of a single not-at-fault accident claim in a 36-month period when the covered driver is 21 or older, a single speeding violation of not more than 10 miles per hour over the limit that meets official conditions and is the only such violation in 36 months, or a single claim for damage resulting solely from wind, hail, lightning, or an earthquake that was not preventable by reasonable care. For a homeowner's policy, a company may not fail to renew solely because of a single claim for damage resulting solely from wind, hail, or lightning that was not preventable by reasonable care and is the only such claim in 36 months.

What else must a notice include?

If a risk-sharing plan exists for the coverage, official 31A-21-303(9) says a cancellation or nonrenewal notice is not effective unless it contains instructions for applying through that plan. For motor vehicle coverage, that official instruction points to the assigned-risk plan authorized by 31A-22-310.

A motor vehicle cancellation or nonrenewal for nonpayment must also go to a lienholder if the insurer has been given the lienholder's name and mailing address.

Do not import another state's homeowners notice period. Official Utah law uses the 30-day and 10-day structure in 31A-21-303, not a longer special homeowners period from a different state.

If a notice looks short, late, or incomplete, contact the company first, then consider a written complaint with the Utah Insurance Department. Official consumer hours are 8:00 a.m. to 5:00 p.m. Monday through Friday, at 801-957-9200 or 1-800-439-3805. Talk with a licensed local agent about replacement coverage and about the assigned-risk plan if a voluntary auto policy is not available.

FAQ

How much notice is required for a midterm cancellation in Utah?

Official 31A-21-303 makes a cancellation other than nonpayment effective no sooner than 30 days after delivery or first-class mailing. Personal-lines cancellation for nonpayment is effective no sooner than 10 days after delivery or first-class mailing.

How much notice is required for a nonrenewal?

A notice of intention not to renew must be delivered or sent by first-class mail at least 30 days before the policy expires or completes an anniversary.

Can my homeowners policy be nonrenewed solely for one hail claim?

Official 31A-21-303(5) says an insurer may not fail to renew a homeowner's policy solely because of a single claim for damage resulting solely from wind, hail, or lightning that was not preventable by reasonable care and is the only such claim in a 36-month period.

What if I need auto coverage after a cancellation or nonrenewal?

Official 31A-21-303 requires the notice to include instructions for applying through an available risk-sharing plan. Confirm current assigned-risk steps with a licensed local agent or the Utah Insurance Department.

Sources: 31A-21-303, Utah Insurance Department, Complaints, Utah Insurance Department, Filing an Auto Claim.

Utah auto policies issued or renewed on or after January 1, 2025, must meet official liability limits of 30/65/25, or a $90,000 combined single limit. Official law also requires personal injury protection, including at least $3,000 in medical benefits per injured person, with limited exceptions.

What do the official 30/65/25 limits mean?

Official 31A-22-304, as amended for policies issued or renewed on or after January 1, 2025, requires motor vehicle liability coverage of at least $30,000 for bodily injury or death of one person in one accident, $65,000 for bodily injury or death of two or more people in one accident, and $25,000 for property damage in one accident. A combined single limit of at least $90,000 may be used instead of those split limits.

The official Utah Insurance Department page on filing an auto claim uses the same figures. Older limits of 25/65/15, or an $80,000 combined single limit, applied to policies issued or renewed on or before December 31, 2024. Do not rely on a stale glossary snippet that still shows those earlier numbers.

A narrower official exception remains for a self-insured private passenger rental company fleet, which official 31A-22-304 still describes at 25/65/15 or $80,000. That exception is not the ordinary consumer minimum. Confirm the limit that actually appears on your declarations page.

Those official figures are legal minimums, not a promise that they will pay an entire claim. Costs above the purchased limits can remain the at-fault driver's responsibility.

What personal injury protection does Utah require?

Every policy purchased to satisfy Utah's owner's or operator's security requirement must include personal injury protection under official 31A-22-302, except as provided for motorcycles, off-highway vehicles, street-legal all-terrain vehicles, trailers, and semitrailers. Those vehicles are not required to carry PIP, and people injured while operating them are not covered by PIP from those policies. First-party medical coverage may still be offered for those vehicles.

Official 31A-22-307 sets the required PIP benefits, and official law does not allow deductibles on those required coverages. The medical piece is not less than $3,000 per person for the reasonable value of necessary medical, surgical, X-ray, dental, rehabilitation (including prosthetic devices), ambulance, hospital, and nursing services. Official Insurance Department materials also state that any person in your vehicle who incurs bodily injuries must first submit the claim to the insurer covering your vehicle, and that the first $3,000 in medical expenses per injured person is covered by PIP before a claim may be filed with the responsible insurer.

PIP also includes wage-loss benefits of the lesser of $250 per week or 85% of lost gross income and earning capacity, for a maximum of 52 consecutive weeks after the loss. That wage-loss benefit need not be paid for the first three days of disability unless the disability continues for longer than two consecutive weeks after the date of injury. A household-service allowance of not more than $20 per day, for a maximum of 365 days, covers services the injured person would have performed for the household. The same three-day waiting period applies unless the inability lasts more than two consecutive weeks.

Funeral, burial, or cremation benefits may not exceed $1,500 per person. A death benefit of $3,000 is payable to the person's heirs. A named insured may waive only the wage-loss benefit for the named insured and spouse, in writing, if neither received earned income from regular employment within 31 days of applying and will not receive such income for at least 180 days and during the period of insurance.

An action on a written PIP contract must be commenced within four years after the inception of loss, under official 31A-22-307(7).

Is Utah a no-fault state like some other states?

Utah requires PIP, but official Insurance Department materials also describe a modified comparative-negligence rule: you can collect damages only if you are less than 50% at fault, and any settlement can be reduced by your percentage of fault. This article does not treat Utah as a pure no-fault system in the sense of a much larger first-party medical benefit that replaces ordinary liability claims. Talk with a licensed local agent about how PIP, liability, and fault rules work together on your policy.

What else is required on a Utah auto policy?

Official 31A-22-302 also requires uninsured motorist coverage under 31A-22-305, unless it is affirmatively waived, and underinsured motorist coverage under 31A-22-305.3, unless it is affirmatively waived. Those coverages are separate. A later article in this hub explains the written waiver and the official limits-selection form.

If you cannot find a voluntary-market auto policy after a cancellation or nonrenewal, official 31A-21-303 requires a motor-vehicle cancellation or nonrenewal notice to include instructions for applying through an available risk-sharing plan. Official 31A-22-310 authorizes Utah's assigned-risk plan. Confirm current application steps with a licensed agent or the Utah Insurance Department rather than relying on an unofficial phone number.

If a coverage or claims dispute cannot be resolved with the company, the Utah Insurance Department accepts consumer complaints. Official consumer service hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. The Salt Lake area number is 801-957-9200, and the in-state toll-free number is 1-800-439-3805. The official mailing address is 4315 S. 2700 W., Suite 2300, Taylorsville, UT 84129.

Talk with a licensed local agent about a policy that meets the official 30/65/25 or $90,000 combined-single-limit minimum, includes required PIP, and addresses uninsured and underinsured motorist coverage. Confirm current official limits on your declarations page before you rely on a quote.

FAQ

What auto liability limits does Utah require in 2026?

For policies issued or renewed on or after January 1, 2025, official 31A-22-304 requires $30,000 per person and $65,000 per accident for bodily injury, plus $25,000 for property damage, or a $90,000 combined single limit.

Does Utah require personal injury protection?

Yes. Official 31A-22-302 requires PIP except for motorcycles, off-highway vehicles, street-legal all-terrain vehicles, trailers, and semitrailers. Official 31A-22-307 sets medical benefits of at least $3,000 per person, plus wage-loss, household-service, funeral, and death benefits.

Do I have to use my PIP medical coverage first?

Official Insurance Department materials state that the first $3,000 in medical expenses per injured person is covered by the PIP on the vehicle, and that claim must be submitted to that insurer before a claim may be filed with the responsible insurer.

Can I collect damages if I am partly at fault?

Official Insurance Department materials say you can collect damages only if you are less than 50% at fault, and the recovery can be reduced by your percentage of fault.

Sources: Utah Insurance Department, Filing an Auto Claim, 31A-22-304, 31A-22-302, 31A-22-307.

A standard Utah homeowners or renters policy does not cover flood damage. Official Utah Insurance Department flood materials also state that a standard policy will not cover post-wildfire mudflow. Flood coverage is a separate policy, and most of those policies are federally backed through the National Flood Insurance Program.

Why does official guidance stress flood coverage in a desert state?

Official Department materials, updated in July 2026, note that Utah has low yearly rainfall, but that burn scars from recent wildfires significantly increase local flooding risks because charred soil cannot absorb water. That creates a high potential for flash flooding and post-fire mudflows.

The official point is not that every property sits in a mapped high-risk flood zone. The official point is that a standard policy still does not pay for a flood or a post-wildfire mudflow, wherever the property is.

How does the NFIP define a flood?

Under the NFIP, official Department materials define a flood as a general and temporary condition where normally dry land is partially or completely inundated by the overflow of inland or tidal waters, unusual and rapid runoff of surface waters, post-wildfire mudflows, or flood-related land subsidence. To qualify, the inundation must meet the "two-acre or two-property rule": the excess surface water or liquid mud must affect two or more acres of normally dry land, or two or more distinct properties, at least one of which is your insured property.

Official materials also draw a crucial distinction. An NFIP policy covers mudflow, meaning a river of liquid, flowing mud caused by flooding. It excludes landslides, slope failures, or dry soil collapses, which official materials describe as a mudslide. Coverage for a mudslide can be addressed through a difference-in-condition policy, not through a standard homeowners policy or a standard NFIP flood policy.

The water must come from an outside source. Official materials state that water damage from a burst pipe, a broken water heater, or an overflowing sink is excluded from flood coverage, though it may be covered by a standard home insurance policy. Damage from backed-up sewers or drains is covered by the NFIP only if the backup was directly caused by an active surface flood in the area.

What does an NFIP policy cover, and when does it start?

Official materials describe two main NFIP coverages. Building property coverage pays to repair or replace the physical structure of your home and its foundation, electrical and plumbing systems, central air, furnaces, and water heaters. Personal property coverage pays for contents such as clothing, furniture, electronics, and certain appliances.

Standard flood insurance policies usually have a 30-day waiting period before coverage takes effect. Official materials state that you are typically not covered the day after you buy a policy. Because post-wildfire flooding and mudflows can occur rapidly on burn scars, FEMA offers a Post-Wildfire Exception on NFIP policies only. Official materials say the 30-day waiting period may be reduced, often to a 1-day waiting period, if the insured property is privately owned, the flooding or mudflow is caused or exacerbated by post-wildfire conditions originating on federal land, and the policy is purchased on or before the fire containment date, or within 60 calendar days after that date.

Basement coverage is limited. The NFIP defines a basement as any area of a building, including a sunken room or a lower level of a split-level home, with a floor below ground level on all sides. Official materials say essential building systems and structural elements can be covered, along with certain connected appliances under personal property coverage. Finished improvements and ordinary personal belongings in a basement are not covered.

Where do you buy flood insurance in Utah?

Official Department materials say some private companies write private flood policies in Utah, but the vast majority of flood policies are federally backed and administered by FEMA through the NFIP. The agent who writes your homeowners policy may also be able to write a flood policy. If that agent does not, official materials point to a direct NFIP quote at FloodSmart and to a search for participating providers.

For help with an existing NFIP claim, official materials say to call 1-800-638-6620 for policies purchased directly from the NFIP, or to contact your agent or company for policies purchased through a private insurance agent.

A difference-in-condition policy is an official alternative discussed by the Department for catastrophe coverages, including flood, earthquake, and mudslide, that a basic homeowners policy leaves out. Terms vary. Review a sample policy before purchase, and do not treat a DIC policy as an automatic substitute for an NFIP policy.

Talk with a licensed local agent about a separate flood policy if you want coverage for flood or post-wildfire mudflow, and about whether a DIC policy is also relevant for mudslide or earthquake risk. Confirm the official waiting period, including any post-wildfire exception, before you assume a new policy is already in force.

FAQ

Does a standard Utah homeowners policy cover flood damage?

No. Official Utah Insurance Department materials state that basic homeowners and renters policies do not cover losses due to flooding or post-wildfire mudflow. Flood insurance must be purchased as a separate policy.

How long is the usual waiting period?

Official Department materials say standard flood insurance policies usually have a 30-day waiting period. A limited official Post-Wildfire Exception on NFIP policies only may reduce that period when stated conditions are met.

Does an NFIP policy cover a mudslide?

Official materials say an NFIP policy covers mudflow, meaning liquid mud propelled by water, and excludes a mudslide, meaning solid earth, rock, or dry soil collapsing down a slope. A difference-in-condition policy may address mudslide coverage.

Where can I get a flood insurance quote?

Official Department materials point to a direct NFIP quote at FloodSmart and to a search for participating providers, or to the agent who already writes your homeowners policy if that agent writes flood coverage.

Sources: Utah Insurance Department, Frequently Asked Questions About Flood Insurance, Utah Insurance Department, Difference In Condition Policies, FloodSmart.

The Utah Insurance Department accepts written consumer complaints after you contact the company or agent first. Official materials prefer the Department's Complaint Portal, which requires an account, and they say the review usually takes three to four weeks once the complaint is received.

When should you contact the Department?

Official Department complaint materials ask you to contact the insurance company or your agent first and to give the company a chance to respond. If that does not resolve the issue, you may file a written complaint with the Department.

The Department reviews insurance-related consumer complaints, including claim-handling and policy concerns that official materials place under its authority. It does not replace a court, and it does not act as your private attorney. Official claim-handling rules, including a substantive response within 15 days and a 30-day timeframe to accept or deny a claim, with more time if the investigation cannot be completed, are set out in official administrative rules such as R590-190, R590-191, and R590-192. Those timeframes are a useful benchmark when you are deciding whether a delayed answer has gone beyond official expectations.

Keep copies of the policy, claim number, letters, emails, estimates, and notes from phone calls. Official materials say a written complaint works best when it includes the facts, the company name, and the relief you are seeking.

How do you file the complaint?

The official path starts at the Department's complaints page. Official materials say you should file preferably through the official Complaint Portal, which requires creating an account. That portal is the faster official route.

A paper PDF form may still be mailed, faxed, or emailed, but official materials say that path takes longer. Use the current official form from the Department's website rather than an unofficial copy.

Official consumer service hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. The Salt Lake area number is 801-957-9200. The in-state toll-free number is 1-800-439-3805. The official mailing address is 4315 S. 2700 W., Suite 2300, Taylorsville, UT 84129. Confirm the current fax or email address on the official complaints page before you send a paper form, because those routing details can change.

What happens after you file?

Official Department materials describe a set sequence. After the Department receives the complaint, it forwards the complaint to the other party for a response, then reviews the file and reports its findings. Official materials say the process usually takes three to four weeks.

That timeline is an official estimate, not a guarantee that every file will close in 21 to 28 days. A complete complaint, with documents attached, is more likely to move on that schedule than a filing that has to be returned for missing information.

The Department's findings can help you understand whether the company followed official claim-handling rules. They may not produce a money judgment. If you still need a court order or a private settlement, talk with a licensed local agent about coverage questions and, if needed, with a qualified attorney about legal remedies.

What claim-handling rules can you cite?

Official administrative rules describe how insurers are expected to handle claims, including a substantive response within 15 days and a 30-day timeframe to accept or deny a claim, with additional time when the investigation cannot be completed. If a company has gone silent, those official timeframes are a concrete reference point to include in your complaint.

Official cancellation and nonrenewal notices also have their own rules under 31A-21-303, including a right to make a written inquiry about the reason for a cancellation or nonrenewal and, for motor vehicle coverage, instructions for applying through an available risk-sharing plan. A later article in this hub explains those notice periods. If the dispute is about a notice, attach the notice itself.

What this complaint path cannot do

The Department cannot rewrite a clear policy exclusion, invent coverage that the contract does not provide, or decide fault in a crash the way a court can. Official auto-claim materials also explain Utah's modified comparative-negligence rule and the required use of personal injury protection medical benefits first. Those substantive rules belong in the complaint only when they actually apply to the facts.

If the problem is an unlicensed seller, a surplus-lines placement, or a difference-in-conditions policy, say so clearly and include the producer's name. Official Department pages on surplus lines and difference-in-condition policies can help you describe the product accurately.

Talk with a licensed local agent if you need help assembling the policy documents or understanding a denial letter. Then use the official Complaint Portal, or the official paper form if you cannot use the portal, and keep a copy of everything you send.

FAQ

Do I have to contact the company before I complain to the Department?

Official Utah Insurance Department materials ask you to contact the company or agent first and to give the company a chance to respond before you file a written complaint.

Is the online Complaint Portal required?

Official materials say you should file preferably through the official Complaint Portal, which requires creating an account. A paper PDF form may be mailed, faxed, or emailed, but official materials say that path takes longer.

How long does a Department complaint usually take?

Official Department materials say the process usually takes three to four weeks after the complaint is received, because the Department forwards it to the other party, reviews the response, and reports its findings.

What phone numbers can I use for consumer help?

Official consumer service hours are 8:00 a.m. to 5:00 p.m. Monday through Friday. Call 801-957-9200 in the Salt Lake area or 1-800-439-3805 toll free in Utah.

Sources: Utah Insurance Department, Complaints, Utah Insurance Department, Filing an Auto Claim, 31A-21-303.

Utah treats uninsured motorist coverage and underinsured motorist coverage as separate, required parts of an auto policy unless a named insured affirmatively waives each one in writing. Official 31A-22-302 lists both coverages alongside liability and personal injury protection, and official Bulletin 96-7 describes them as distinct.

How is uninsured motorist coverage offered?

Official 31A-22-305 requires uninsured motorist coverage unless the named insured rejects it by an express writing to the liability insurer. The rejection must be on a form provided by the insurer that includes a reasonable explanation of the purpose of the coverage. That rejection continues for that issuer until the insured requests uninsured motorist coverage in writing.

For new policies written on or after January 1, 2001, official 31A-22-305(4) says the uninsured motorist limits shall equal the lesser of the named insured's motor vehicle liability limits or the maximum uninsured motorist limits the insurer makes available under the policy, unless a named insured rejects that higher coverage or buys a lesser amount by signing the insurer's acknowledgment form. That form is filed with the department, waives the higher coverage, explains that uninsured motorist coverage protects you and other covered persons for bodily injury caused by a driver with no liability insurance, and discloses the added premium for the higher limits.

Uninsured motorist coverage may not be sold with limits below the minimum bodily injury liability limits in official 31A-22-304. A selection or rejection continues for that issuer until the insured requests a change in writing.

If an additional motor vehicle is added to a personal lines policy where uninsured motorist coverage has been rejected, or where the uninsured motorist limits are lower than the liability limits, the insurer must give a named insured a notice within 30 days that explains the purpose of the coverage and encourages the insured to ask about the premium for higher limits.

What does uninsured motorist coverage pay for?

Official 31A-22-305 says the coverage pays covered persons who are legally entitled to recover damages from owners or operators of uninsured motor vehicles because of bodily injury, sickness, disease, or death. An "uninsured motor vehicle" includes a vehicle with no liability coverage at the time of the injury, a vehicle insured below the required liability limits to the extent of the deficiency, an unidentified vehicle that left the scene of an accident it caused, a vehicle whose insurer disputes coverage for more than 60 days, and, to a limited official extent, a vehicle whose insurer is later declared insolvent.

Covered persons include the named insured, the named insured's dependent minor children for claims arising on or after May 13, 2014, household relatives, people occupying or using a described motor vehicle, and people entitled to recover because of injury or death to those persons.

Can uninsured motorist limits be stacked?

Official 31A-22-305 generally prohibits adding, combining, or stacking uninsured motorist limits from two or more motor vehicles to determine the limit available to an injured person for one accident. Interpolicy stacking is also prohibited except to the limited extent the statute allows. Official exceptions include a covered person injured as a pedestrian by an uninsured motor vehicle, and, with stated limits, a covered person injured while occupying a vehicle that is not owned, leased, or furnished to that person, a spouse, or a resident parent or resident sibling. A covered person's recovery under available policies may not exceed the full amount of damages.

Do not assume that a second policy will automatically add to the first. Confirm the official stacking rules and the actual policy language with a licensed local agent before you count on more than one limit.

How is underinsured motorist coverage different?

Official 31A-22-302 requires underinsured motorist coverage under 31A-22-305.3 unless it is affirmatively waived under 31A-22-305.3(3). That is a separate statutory waiver, not the same form as the uninsured motorist rejection. Official Insurance Department Bulletin 96-7 also describes uninsured and underinsured motorist coverages as separate and distinct. This article does not invent a single combined rejection that waives both coverages at once.

Because the two coverages respond to different gaps, a written waiver of one does not, by itself, document a waiver of the other. Ask your insurer or a licensed agent to show you which forms are on file for each coverage and which limits apply.

How are uninsured motorist disputes handled?

Official 31A-22-305 allows a claimant to elect binding arbitration or litigation when a claim is asserted against the uninsured motorist carrier. After that election, official law sets a detailed demand, disclosure, and response process, including a reasonable time of not more than 60 days for the carrier to respond and tender any amount it determines is owed. An action on a written uninsured motorist policy must be commenced within four years after the inception of loss.

Those procedures are technical. If a claim is not being handled, start with the insurer, then consider a complaint with the Utah Insurance Department, and talk with a licensed local agent or a qualified attorney about the official election and deadline rules.

Talk with a licensed local agent about whether your current forms show a written waiver, a reduced-limits acknowledgment, or full uninsured and underinsured motorist coverage. Confirm the limits on your declarations page against official 31A-22-304 and 31A-22-305 before you assume you have rejected or retained the coverage.

FAQ

Are uninsured and underinsured motorist coverages the same thing in Utah?

No. Official 31A-22-302 lists them as separate required coverages, unless each is affirmatively waived. Official Bulletin 96-7 also describes them as separate and distinct.

Can I reject uninsured motorist coverage?

Yes, under official 31A-22-305(5). The named insured may reject it by an express writing on the insurer's form, and that form must include a reasonable explanation of the coverage's purpose. The rejection stays in force for that issuer until you request the coverage in writing.

Does Utah allow me to stack uninsured motorist limits from several cars?

Official 31A-22-305 generally prohibits stacking uninsured motorist limits from two or more vehicles for one accident, with limited official exceptions such as certain pedestrian and non-owned-vehicle claims.

How long do I have to bring an uninsured motorist claim?

Official 31A-22-305(11) requires an action on a written uninsured motorist policy to be commenced within four years after the inception of loss.

Sources: 31A-22-302, 31A-22-305, Utah Insurance Department, Filing an Auto Claim.