Utah Code 41-12a-304. No-fault tort immunity ineffective
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Terms Used In Utah Code 41-12a-304
- 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
- Operator: means every person who is in actual physical control of a motor vehicle. See Utah Code 41-12a-103
- Owner: means :(8)(a) a person who holds legal title to a motor vehicle;(8)(b) a lessee in possession;(8)(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(8)(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
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
The owner of a motor vehicle on which owner’s or operator‘s security is required under Section
41-12a-301 who fails to have the security in effect at the time of an accident does not have immunity from tort liability under Subsection31A-22-309(1) . This owner is personally liable for the payment of the benefits provided for under Section31A-22-307 to persons entitled to receive them under Section31A-22-308 .