Expert: Anne - 8/22/2008

Question
QUESTION: Hi,
Utah is a no-fault state, so if a pedestrian is hit by a car, whose insurance is billed, the pedestrian's or the driver's?  Thanks.

ANSWER: Utah is no fault depending on the amount of damages. You (the driver) does not owe pain and suffering unless the medical bills reach $3,000.

However, the driver must pay for the medical bills, they will be shield from pain and suffering suits if the bills are below $3,000  (the no fault statute), however, the driver is still responsible for the bills.  (Assuming the pedestrian was o% at fault).

So the no fault statute will not shield you if

The bills must be reasonable and necessary medical are at $3,000 or above, there is permanent disability or impairment; or some kind of disfigurement.

You don't have to meet these criteria if you are injured by an uninsured motorist or by someone with an out-of-state insurance policy.

Good Luck.
Anne
http://www.auto-insurance-claim-advice.com

---------- FOLLOW-UP ----------

QUESTION: What if it's a hit and run?  The victim was unable to get any info regarding the driver.

Answer
You don't have to meet these criteria if you are injured by an uninsured motorist or by someone with an out-of-state insurance policy.

If the pedestrian was hit by a hit and run, then the pedestrian will have to go his own auto policy and seek coverage there for medical bills. He can also seek UMBI (pain and suffereing) against his own policy (if they cannot find who hit him

Good Luck,