Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Utah law, an at-fault driver must compensate you for property damages, including repair costs, rental car charges, and loss-of-use. Loss-of-use covers the value of time your vehicle spent out of service. When the at-fault driver’s policy limit is reached, you can pursue additional recovery through these steps:
1. Claim Your Own Insurance Coverages
If you purchased Uninsured/Underinsured Motorist Property Damage (UMPD) or rental reimbursement options, file a claim with your insurer:
- UMPD Coverage: Utah Code § 31A-22-304(2)(h) allows you to recover property damage—including loss-of-use—when the at-fault driver’s limits are insufficient.
- Rental Reimbursement Coverage: Utah Code § 31A-22-304(2)(g) permits optional daily rental payments while your vehicle undergoes repairs.
2. Sue the At-Fault Driver Directly
If insurer payments stop at policy limits, you can file suit against the driver for additional losses. In small claims court (up to $11,000) or district court, you may recover:
- Remaining rental expenses.
- Loss-of-use damages—supported by daily rental rates and repair timelines.
To maximize your claim, document invoices, repair estimates, car rental agreements, and any correspondence showing the rental period.
3. Enforce Your Judgment
After obtaining a court judgment, Utah Code § 78B-5-803 authorizes garnishment of wages and bank accounts to collect unpaid awards.
Helpful Hints
- Review your declarations page to confirm UMPD and rental reimbursement limits.
- Notify both insurers in writing immediately after the accident.
- Promptly return the rental car once repairs finish to limit loss-of-use charges.
- Keep daily rental rates reasonable and consistent with market values.
- Consult an attorney before suing to ensure proper court procedures and deadlines.