41-12a-501. Post-accident security.
(1) (a) Unless excepted under Subsection (2), the operator of a motor vehicle involved in
an accident in the state and any owner who has not previously satisfied the requirement of
security under Section 41-12a-301 shall file post-accident security with the department for the
benefit of persons obtaining judgments against the operator on account of bodily injury, death, or
property damage caused by the accident.
(b) The security shall be in an amount determined by the department to be sufficient to
satisfy judgments arising from bodily injury, death, or property damage resulting from the
accident that may be recovered against the operator, but may not exceed the minimum single
limit under Subsection 31A-22-304(2).
(c) The department shall determine the amount of post-accident security on the basis of
reports and other evidence submitted to the department by interested parties, including officials
investigating the accident.
(d) In setting the amount of post-accident security, the department may not take into
account alleged damages resulting from pain and suffering.
(e) Persons who fail to file required post-accident security are subject to the penalties
under Subsection (3).
(2) The operator is exempted from the post-accident requirement under Subsection (1) if
any of the following conditions are satisfied:
(a) No bodily injury, death, or damage to the property of one person in excess of the
damage limit specified under Section 41-6a-401 resulted from the accident.
(b) No injury, death, or property damage was suffered by any person other than the owner
or operator.
(c) The owner of the motor vehicle was in compliance with the owner's security
requirement under Section 41-12a-301 at the time of the accident and the operator had
permission from the owner to operate the motor vehicle.
(d) The operator was in compliance with the operator's security requirement under
Section 41-12a-301 at the time of the accident.
(e) The operator has filed satisfactory evidence with the department that the operator has
been released from liability, has been finally adjudicated not to be liable, or has executed a duly
acknowledged written agreement providing for the payment of an agreed amount in installments
with respect to all claims for injuries or damages resulting from the accident and is not in default
on that agreement.
(f) The motor vehicle involved in the accident was operated by a nonresident who had an
insurance policy or bond covering the accident, but not fully complying with the policy provision
requirements under Section 31A-22-302, if the policy or bond is sufficient to provide full
recovery for claimants and the policy or bond is issued by an insurer licensed in the state.
(g) The operator at the time of the accident was operating a motor vehicle owned or
leased by the operator's employer and driven with the employer's permission.
(h) Evidence as to the extent of injuries or property damage caused by the accident has
not been submitted by or on behalf of any person affected by the accident within six months
following the date of the accident.
(i) The motor vehicle was legally parked at the time of the accident.
(j) The motor vehicle was an emergency vehicle acting in the line of duty at the time of
the accident.
(k) The motor vehicle involved in the accident is owned by the United States, this state,
or any political subdivision of this state, if the operator was using the vehicle with the permission
of the owner.
(l) The motor vehicle was legally stopped at a stop sign, traffic signal, or at the direction
of a peace officer at the time of the accident.
(3) (a) If an operator who is required to file post-accident security under Subsection (1)
does not do so within ten days after receiving notice of the requirement of security, the
department shall suspend the driver's license of the operator and all registrations of the owner, if
he is a resident of the state.
(b) If the operator is not a resident of Utah, the department shall suspend the privilege of
operating a motor vehicle within the state and of using, in the state, any owned motor vehicle.
(c) Notice of these suspensions shall be sent to the owner or operator no less than 15
days prior to the effective date of the suspension.
Amended by Chapter 2, 2005 General Session
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Last revised: Thursday, May 01, 2008