Utah Injury Claims · Deadlines

How long do I have to file in Utah?

Four years for an injury claim, two for a death, and one year to serve notice if a government vehicle was involved. The dates below are the ones that end claims.

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The short answer

Four years for injury, two for a death

Most Utah motor vehicle injury claims must be filed within four years. A claim for a death caused by someone else's wrongful act or neglect must be filed within two. Miss the date and the claim is gone, however strong it was.

The deadlines

By claim type

Personal injury

Four years from the date of the collision, under U.C.A. § 78B-2-307(4).

Damage to your vehicle

Four years, under U.C.A. § 78B-2-307(3), which covers damage to your motor vehicle or to personal property from an accident involving one.

Wrongful death

Two years from the date of death, under U.C.A. § 78B-2-304(3).

Claims against the state or a city

Two years, under U.C.A. § 78B-2-304(4) and (5), and subject to the notice requirement below.

Government vehicles

A one-year notice that ends most of these claims early

If the other driver was working for a Utah governmental entity, the ordinary deadline is not the one that will catch you out.

U.C.A. § 63G-7-402

A claim against a governmental entity, or against an employee acting within the scope of employment, is barred unless notice of claim is filed within one year after the claim arises.

The notice has to go to the right office, in the right form, within one year. After filing it you must wait 60 days before suing, under U.C.A. § 63G-7-403(2)(a)(ii), and the action itself must be commenced within two years after the claim arises, under U.C.A. § 63G-7-403(2)(b).

A city snowplough, a transit bus, a school district van and a police cruiser all sit inside this rule.

Why the deadline is the wrong target

Evidence expires before the statute does

Four years is the outer boundary of when a court will hear the case. It is not a description of when the claim can still be proven. Vehicles get repaired, dashcam and surveillance footage is overwritten within weeks, commercial vehicle data is retained only as long as a retention policy says, and witnesses stop remembering.

The work that decides a contested claim is done in the first month. The statute of limitations only tells you when it becomes impossible.

Related

Other questions people ask before they call

What is my Utah car accident case worth?

What actually determines the value of a Utah car accident claim: medical expenses, lost income, general damages, insurance limits, comparative fault and liens.

Talk to a lawyer before the adjuster calls again

A case review costs nothing and takes about 15 minutes. If the claim does not need a lawyer, we will say so.