State guide · West
Utah subrogation law guide
An insured recovers only from defendants whose combined fault, including fault allocated to immune parties and nonparties, exceeds its own, so a 50/50 finding bars recovery. Each defendant pays only its percentage.
Utah at a glanceUT
- Property damage
- 3 years
- Bodily injury
- 4 years
- Fault rule
- Modified, 50% bar
- Gov. notice
- 365 days
Overview
Utah blends a no-fault auto system with a 50% bar comparative fault rule. Under the Liability Reform Act, Utah Code 78B-5-818, an insured recovers only from defendants whose combined fault exceeds its own, and each defendant pays only its percentage: joint and several liability is abolished, and fault can be allocated to immune parties and nonparties. Bodily injury claims run four years under the catch-all in 78B-2-307, and motor vehicle accident property damage also runs four years under 78B-2-307(3), but other property damage, such as a water or fire loss, runs three years under 78B-2-305. Personal injury protection pays at least $3,000 in medical expense per person regardless of fault, and PIP insurers seek reimbursement from the at-fault driver's insurer through mandatory, binding arbitration between the insurers. Claims against governmental entities require a notice of claim within one year under the Governmental Immunity Act. Utah applies the made-whole doctrine by default, and State Farm v. Green requires clear policy language to displace it. Product claims run two years from discovery, with no repose period after Berry v. Beech Aircraft. Allocation, not liability, decides most Utah recoveries.
Quick reference with citations
- Property damage SOL
- 3 years
- Utah Code 78B-2-305 (injury to real or personal property); motor vehicle accident property damage runs 4 years under 78B-2-307(3)
- Bodily injury SOL
- 4 years
- Utah Code 78B-2-307 (relief not otherwise provided for by law)
- Product liability
- 2 years from the time the claimant discovered, or should have discovered, both the harm and its cause (Utah Code 78B-6-706). No enforceable products repose period: Berry ex rel. Berry v. Beech Aircraft Corp. struck the former repose statute under the open courts clause.
- Written contract
- 6 years
- Contract and indemnity recoveries
- Comparative fault rule
- Modified, 50% bar
- Utah Code 78B-5-818 (Liability Reform Act)
- Government notice of claim
- 365 days
- Governmental Immunity Act: a claim against a governmental entity or its employee is barred unless a notice of claim is filed with the designated person, in the form required by Utah Code 63G-7-401, within one year after the claim arises (63G-7-402). The entity has 60 days to approve or deny, and suit must then be filed within the period set by 63G-7-403.
Fault rule in practice
How Utah's rule changes a $50,000 recovery.
An insured recovers only from defendants whose combined fault, including fault allocated to immune parties and nonparties, exceeds its own, so a 50/50 finding bars recovery. Each defendant pays only its percentage.
Authority: Utah Code 78B-5-818 (Liability Reform Act)
| Insured's share of fault | Recoverable in UT | Under pure comparative |
|---|---|---|
| 0% | $50,000 | $50,000 |
| 20% | $40,000 | $40,000 |
| 50% | Barred | $25,000 |
| 60% | Barred | $20,000 |
Doctrines that move the number
Utah doctrine checklist.
Made-whole doctrine
Utah adopted the made-whole doctrine in Hill v. State Farm Mutual Automobile Insurance Co. and allows the parties to modify it by contract. State Farm Mutual Automobile Insurance Co. v. Green requires that modification to be clear enough to tell the insured the insurer has priority even when the tortfeasor's assets cannot cover both; general subrogation language is not enough. Where a statute sets out a detailed distribution scheme, the doctrine does not apply.
Economic loss doctrine
Utah bars tort recovery of purely economic loss, including damage to the product itself, but allows tort claims based on a duty independent of the contract (Hermansen v. Tasulis, 2002 UT 52; Grynberg v. Questar Pipeline Co., 2003 UT 8). The analysis turns on whether the duty arises from the contract or from tort law.
Joint and several liability
Joint and several liability is abolished: no defendant pays more than the percentage of damages equal to its own fault, and there is no contribution among defendants (Utah Code 78B-5-818). The fact finder can allocate fault to immune parties and nonparties under the same section, which reduces what the named defendants owe.
Anti-subrogation and waiver
An insurer cannot subrogate against its own insured. Utah Code 13-8-1 voids construction indemnity provisions that protect a party from its own fault, and waivers of subrogation in construction and lease agreements are generally enforced, so check the contract before targeting a contractor or tenant.
Practice notes
Working Utah subrogation files.
- 1
Utah splits property damage by cause. A collision or other motor vehicle accident gives four years for vehicle and personal property damage under 78B-2-307(3), while a supply line failure, roof collapse or fire runs three years under 78B-2-305. Bodily injury runs four years. Product claims run only two years from discovery of the harm and its cause under 78B-6-706, so a recalled appliance fire can carry the shortest clock on the file.
- 2
The 50% bar plus several-only liability makes allocation the whole case. On a $60,000 fire loss where the jury assigns 20% to the insured, 50% to an electrician and 30% to a nonparty manufacturer, the insured recovers $30,000 from the electrician and nothing for the nonparty share. At 50% insured fault, nothing is recovered. Join every party who can pay before fault is allocated to an empty chair.
- 3
Utah PIP pays at least $3,000 in medical expense per person regardless of fault, and an injured person cannot bring a bodily injury tort claim unless medical expenses exceed $3,000 or a listed serious injury applies (Utah Code 31A-22-309(1)). PIP insurers seek reimbursement from the liable driver's insurer, with liability and amount decided by binding arbitration between insurers, and that right ends once the liability insurer tenders its policy limit.
- 4
File the notice of claim within one year under 63G-7-402 with the person and in the form 63G-7-401 requires; a late or misdirected notice bars the claim. The entity has 60 days to respond before suit. Common subrogation targets include municipal water and sewer departments, special service districts and transit vehicles. Confirm whether the adverse party is a governmental entity before relying on the ordinary three-year property period.
- 5
Utah applies the made-whole doctrine unless the policy clearly displaces it. State Farm v. Green holds that general subrogation language is not enough; the policy must tell the insured the insurer has priority even when the tortfeasor's assets cannot cover both. Review endorsement language before pressing a claim against a settlement fund that leaves the insured short on deductible or uninsured contents.
- 6
Ishqkala tags Utah auto files by injury threshold. When PIP medical payments cross $3,000, the file is flagged for both an inter-insurer PIP reimbursement claim and a possible bodily injury interest, and collision damage is calendared on the four-year motor vehicle property period rather than the three-year general property period. Non-auto property files keep the three-year alert.
Key cases
Hill v. State Farm Mutual Automobile Insurance Co.
765 P.2d 864 (Utah 1988)
Adopted the made-whole doctrine in Utah: absent clear contract terms to the contrary, the insured must be fully compensated before the insurer is reimbursed from a third-party recovery.
State Farm Mutual Automobile Insurance Co. v. Green
2003 UT 48, 89 P.3d 97
Policy language displaces the made-whole doctrine only if it clearly informs the insured that the insurer takes priority when recovery is insufficient for both. Boilerplate subrogation clauses do not meet that standard.
Berry ex rel. Berry v. Beech Aircraft Corp.
717 P.2d 670 (Utah 1985)
Struck Utah's product liability statute of repose under the open courts clause of the Utah Constitution. Older products remain subject only to the two-year discovery-based limitation period.
Inter-company arbitration
Utah has two arbitration tracks. PIP reimbursement between insurers goes to mandatory, binding inter-insurer arbitration under Utah Code 31A-22-309(6); Arbitration Forums runs its PIP forum on state-by-state agreements, so confirm both carriers are Utah signatories before filing there. Collision and property subrogation between signatory carriers can go to AF's auto and property forums, where arbitrators apply Utah's 50% bar and an even split defeats the applicant. File PIP and collision recoveries separately.
How Ishqkala applies this guide
UT rules, built into every score.
- Opportunities with a Utah loss state are calendared against the 3 years property damage period or the 4 years bodily injury period, whichever controls the claim type.
- The insured's estimated fault share is applied under modified, 50% bar before recoverable dollars are scored.
- Files involving a public entity get a 365-day notice deadline that outranks the general SOL in the priority queue.
- Alerts fire at 180, 90, 45 and 15 days before the controlling deadline.
FAQ
Utah subrogation FAQ
3 years (Utah Code 78B-2-305 (injury to real or personal property); motor vehicle accident property damage runs 4 years under 78B-2-307(3)). A subrogating carrier generally takes the insured's claim subject to the same limitation period, usually measured from the date of loss.
Modified, 50% bar (Utah Code 78B-5-818 (Liability Reform Act)). An insured recovers only from defendants whose combined fault, including fault allocated to immune parties and nonparties, exceeds its own, so a 50/50 finding bars recovery. Each defendant pays only its percentage.
Governmental Immunity Act: a claim against a governmental entity or its employee is barred unless a notice of claim is filed with the designated person, in the form required by Utah Code 63G-7-401, within one year after the claim arises (63G-7-402). The entity has 60 days to approve or deny, and suit must then be filed within the period set by 63G-7-403.
Utah adopted the made-whole doctrine in Hill v. State Farm Mutual Automobile Insurance Co. and allows the parties to modify it by contract. State Farm Mutual Automobile Insurance Co. v. Green requires that modification to be clear enough to tell the insured the insurer has priority even when the tortfeasor's assets cannot cover both; general subrogation language is not enough. Where a statute sets out a detailed distribution scheme, the doctrine does not apply.
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