(1) An owner or operator of a motor vehicle with respect to whom owner’s or operator’s security is maintained by a means other than an insurance policy under Subsection 41-12a-103(9)(a) or (b), shall refer all bodily injury claims against the owner’s or operator’s security to an independent adjuster licensed under Title 31A, Chapter 26, Insurance Adjusters, or to an attorney.
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Terms Used In Utah Code 41-12a-306

  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the Department of Public Safety. See Utah Code 41-12a-103
  • 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
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
(2) Unless otherwise provided by contract, any motor vehicle claim adjustment expense incurred by a person maintaining owner’s or operator’s security by a means other than an insurance policy under Subsection 41-12a-103(9)(a) or (b), shall be paid by the person who maintains this type of owner’s or operator’s security.
(3) Owners and operators of motor vehicles maintaining owner or operator’s security by a means other than an insurance policy under Subsection 41-12a-103(9)(a) or (b) are subject to the claim adjustment provisions of Title 31A, Chapter 26, Part 3, Claim Practices, in connection with claims against such persons which arise out of the ownership, maintenance, or use of a motor vehicle.
(4) In addition to other penalties and remedies available for failure to abide by this section, the department may require any person violating this section to maintain owner’s or operator’s security only in the manner specified under Subsection 41-12a-103(9)(a).

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