Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Motor vehicle: means every self-propelled vehicle that is designed for use upon a highway, including trailers and semitrailers designed for use with other motorized vehicles. See Utah Code 41-12a-103
Nonresident: means every person who is not a resident of Utah. See Utah Code 41-12a-103
Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
Owner: means :
(a)
a person who holds legal title to a motor vehicle;
(b)
a lessee in possession;
(c)
a conditional vendee or lessee if a motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession in the conditional vendee or lessee; or
(d)
a mortgagor if a motor vehicle is the subject of a mortgage with the mortgagor entitled to possession. See Utah Code 41-12a-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(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 three years 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 10 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.
