Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance on your specific situation.
Detailed Answer
After a car accident in Utah, even professionally repaired vehicles often suffer a diminished market value—the difference between a car’s pre-accident value and its post-repair resale value. Utah law allows accident victims to recover this loss as part of their property damage claim under general negligence principles (see Utah Code § 78B-6-801).
1. Determine Pre-Accident Value
- Use reputable pricing guides (e.g., Kelley Blue Book or NADA).
- Adjust for mileage, options, maintenance history, and local market trends.
2. Obtain Post-Repair Value
- Secure an independent appraisal from a certified auto appraiser.
- Compare sale prices of similar makes/models with accident history flagged on vehicle history reports (e.g., CARFAX).
3. Calculate Diminished Value
- Subtract the appraiser’s post-repair value from the pre-accident value.
- Document the calculation: Pre-Accident Value – Post-Repair Value = Diminished Market Value.
4. Document and Present Your Claim
- Gather repair invoices detailing parts and labor.
- Include the independent appraisal report and vehicle history printouts.
- Obtain written statements from local dealers or resale experts, if possible.
- Keep all correspondence with insurance companies.
5. Negotiate or Litigate
- Submit a written demand letter with your documentation to the at-fault driver’s insurer.
- If the insurer refuses payment, you may file a small claims action (for claims under $11,000) or a civil lawsuit in district court for higher amounts.
Helpful Hints
- Act promptly: Appraisals and market conditions change over time.
- Use photographs: Show repair quality and any remaining blemishes.
- Get multiple appraisals: Bolster credibility with two or more independent opinions.
- Keep records organized: A clear file expedites negotiations and court filings.
- Consult a Utah attorney when the insurer undervalues your loss or denies liability.