Uninsured/Underinsured Motorist Complaint - Utah

UNINSURED/UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Insurance Policy Identification
5. Facts of the Accident
6. Uninsured or Underinsured Status of Tortfeasor
7. Exhaustion of Tortfeasor's Coverage
8. Count I: UM Benefits Claim
9. Count II: UIM Benefits Claim
10. Count III: Breach of Contract / Bad Faith
11. Damages
12. Stacking Provisions
13. Arbitration vs. Litigation
14. Prayer for Relief
15. Verification
16. Utah Practice Notes

Caption

IN THE [________________________________] JUDICIAL DISTRICT COURT
IN AND FOR [________________________________] COUNTY, STATE OF UTAH

Case No.: [________________________________]
Judge: [________________________________]

Parties

1. Plaintiff, [PLAINTIFF NAME], is an individual residing at [________________________________], [________________________________] County, Utah, and a covered person under the motor vehicle insurance policy described herein.

2. Defendant, [INSURANCE COMPANY NAME], is an insurance company authorized to transact business in Utah, with its principal office at [________________________________].

Jurisdiction and Venue

3. This Court has jurisdiction over this matter pursuant to Utah Code § 78A-5-102, and the amount in controversy exceeds $0.

4. Venue is proper in [________________________________] County pursuant to Utah Code § 78B-3a-201, as the cause of action arose in this county and/or a Defendant resides here. For a business organization, apply the principal-place-of-business and registered-office rules in § 78B-3a-104.

Insurance Policy Identification

5. On or about [__/__/____], Defendant issued automobile insurance policy number [________________________________] to Plaintiff, effective from [__/__/____] to [__/__/____].

6. The policy provides:

   • ☐ Uninsured Motorist (UM) coverage with limits of $[________________________________] per person / $[________________________________] per accident
   • ☐ Underinsured Motorist (UIM) coverage with limits of $[________________________________] per person / $[________________________________] per accident
   • ☐ Personal Injury Protection (PIP) coverage with limits of $[________________________________]

7. ☐ The policy documents show UIM coverage at the stated limits.
   ☐ The named insured selected or rejected UIM coverage, or selected lesser limits, by the acknowledgment required by Utah Code § 31A-22-305.3(3)(b). Attach the policy and acknowledgment and plead only the coverage shown by those documents.

8. Plaintiff has paid all premiums due and has complied with all conditions precedent.

Facts of the Accident

9. On [__/__/____], at approximately [____] a.m./p.m., Plaintiff was operating/occupying a motor vehicle at or near [________________________________], [________________________________] County, Utah.

10. At that time and place, a motor vehicle operated by [TORTFEASOR NAME] negligently caused a collision with Plaintiff's vehicle.

11. The tortfeasor's negligent acts include but are not limited to:

    • ☐ Failure to yield the right of way
    • ☐ Following too closely
    • ☐ Distracted driving (texting, phone use)
    • ☐ Driving under the influence of alcohol or drugs
    • ☐ Exceeding the posted speed limit
    • ☐ Failure to obey traffic control devices
    • ☐ Improper lane change or turning
    • ☐ Other: [________________________________]

12. As a direct and proximate result, Plaintiff sustained serious bodily injuries and damages.

Uninsured or Underinsured Status of Tortfeasor

13. The tortfeasor's motor vehicle qualifies as:
    • ☐ Uninsured — No coverage: No liability policy was in effect at the time of the accident
    • ☐ Uninsured — Insufficient coverage: The tortfeasor's liability limits of $[________________________________] are less than the statutory minimum
    • ☐ Uninsured — Unidentified vehicle: The tortfeasor fled the scene (hit-and-run)
    • ☐ Uninsured — Disputed coverage: The tortfeasor's liability insurer has denied or disputed coverage for more than 60 days
    • ☐ Underinsured: The tortfeasor has liability coverage but it is insufficient to fully compensate Plaintiff for all special and general damages

Exhaustion of Tortfeasor's Coverage

14. ☐ The tortfeasor had no liability insurance; exhaustion is not applicable.
    ☐ Plaintiff has exhausted or tendered the tortfeasor's liability limits of $[________________________________].
    ☐ Plaintiff has provided Defendant with notice and an opportunity to consent to settlement with the tortfeasor's insurer.

Count I: UM Benefits Claim

15. Plaintiff incorporates all preceding paragraphs by reference.

16. Plaintiff is a covered person under the policy who is legally entitled to recover damages from the owner or operator of an uninsured motor vehicle for bodily injury arising out of the ownership, maintenance, or use of such vehicle.

17. Pursuant to Utah Code § 31A-22-305, Defendant is obligated to pay UM benefits to Plaintiff.

18. Defendant has failed or refused to pay the UM benefits owed.

Count II: UIM Benefits Claim

19. Plaintiff incorporates all preceding paragraphs by reference.

20. The tortfeasor's motor vehicle is underinsured as defined by Utah Code § 31A-22-305.3, having liability coverage insufficient to fully compensate Plaintiff for all special and general damages.

21. Plaintiff is a covered person legally entitled to recover UIM benefits for bodily injury, sickness, disease, or death.

22. Defendant has failed or refused to pay UIM benefits owed under the policy.

Count III: Breach of Contract / Bad Faith

23. Plaintiff incorporates all preceding paragraphs by reference.

24. Defendant's refusal to pay UM/UIM benefits constitutes a breach of the insurance contract.

25. ☐ Plaintiff separately alleges extra-contractual or bad-faith conduct, if supported by the facts and applicable law, by:

    • ☐ Unreasonably delaying investigation or payment
    • ☐ Denying the claim without a reasonable basis
    • ☐ Failing to effectuate prompt and fair settlement
    • ☐ Refusing to submit to arbitration when properly demanded
    • ☐ Misrepresenting policy provisions or coverage
    • ☐ Other: [________________________________]

Damages

Plaintiff does not plead a specific total damages amount and pleads that the damages qualify for the selected tier under Utah R. Civ. P. 8(a) and 26(c)(3): ☐ Tier 1 ($50,000 or less); ☐ Tier 2 (more than $50,000 and less than $300,000); ☐ Tier 3 ($300,000 or more). Select one tier before filing.

26. As a direct and proximate result of the accident, Plaintiff has suffered:
    • ☐ Past medical expenses: $[________________________________]
    • ☐ Future medical expenses: $[________________________________]
    • ☐ Past lost wages: $[________________________________]
    • ☐ Future lost earning capacity: $[________________________________]
    • ☐ Pain and suffering: $[________________________________]
    • ☐ Mental anguish and emotional distress: $[________________________________]
    • ☐ Loss of enjoyment of life: $[________________________________]
    • ☐ Permanent impairment or disability: $[________________________________]
    • ☐ Other special and general damages: $[________________________________]

Stacking Provisions

27. ☐ Plaintiff seeks additional UIM benefits under another policy. Identify the applicable exception in Utah Code § 31A-22-305.3(4) and the policy language supporting the claim.
    ☐ Additional-policy recovery and stacking are not applicable.

Arbitration vs. Litigation

28. Pursuant to Utah Code § 31A-22-305.3, a UIM claim may be resolved by:

    • ☐ Binding Arbitration: Plaintiff demands binding arbitration of this UIM dispute.
    • ☐ Litigation: Plaintiff elects to proceed through civil litigation.

29. ☐ The policy contains an arbitration provision applicable to UM claims, and Plaintiff elects arbitration.
    ☐ Plaintiff proceeds by civil action for UM claims.

Prayer for Relief

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant as follows:

1. Compensatory damages for all special and general damages in an amount to be proven at trial;
2. UM and/or UIM benefits up to the applicable policy limits of $[________________________________];
3. Consequential damages for Defendant's bad faith, if applicable;
4. Prejudgment interest as provided by Utah Code § 15-1-1;
5. Attorney fees and costs of suit as permitted by law or contract;
6. Such other and further relief as the Court deems just and proper.

Verification

I, [PLAINTIFF NAME], have read the foregoing Complaint. I declare under criminal penalty under the law of Utah that the foregoing is true and correct.

Signed on [__/__/____], at [CITY OR OTHER LOCATION, STATE OR COUNTRY].

Signature: [________________________________]

Utah Practice Notes

• Separate UM and UIM Statutes: UM is governed by § 31A-22-305; UIM by § 31A-22-305.3. These are distinct coverages with different rules.
• UM Election: A named insured may reject UM coverage by an express writing on the insurer-provided form, except as provided in Utah Code § 31A-22-305(5)(b). Check the applicable policy and election form before pleading UM coverage.
• Broad "Uninsured" Definition: Includes vehicles with no coverage, coverage below minimums, hit-and-run vehicles, and vehicles with disputed coverage for 60+ days.
• Arbitration Election (UIM): Under § 31A-22-305.3, the claimant may elect binding arbitration or litigation for UIM disputes.
• Statute of Limitations (UM/UIM Contract Claim): Section 78B-2-307(4) is only a residual provision and is not a personal-injury-specific rule. Do not use it for the insurer claim; verify the current UM/UIM-specific statutes, the underlying tort claim's classification and accrual, and each separate deadline.
• Comparative Fault: Utah applies modified comparative fault with a 50% bar (Utah Code § 78B-5-818).
• No-Fault/PIP: Utah is a no-fault state with PIP coverage requirements; coordinate UM/UIM with PIP benefits (Utah Code § 31A-22-307).
• Covered Persons: Broadly defined to include named insured, dependent minors, household members, vehicle occupants, and others entitled to recover from the tortfeasor.
• Extra-contractual claims and arbitration: Under § 31A-22-305.3(8)(m), an arbitrator or arbitration panel may not decide coverage or extra-contractual damages, including bad-faith liability. Plead any such claim separately and verify the current governing law before filing.

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Utah attorney before filing. Verify all statutory citations against the current Utah Code.