Detailed Answer
If you’ve suffered vehicle damage in Utah and want to pursue compensation separately from bodily injury claims, follow these steps. This process ensures you resolve property damage before or independently of any personal injury claim.
1. Identify the At-Fault Party and Gather Evidence
First, confirm who caused the accident. Obtain a police report and record the other driver’s name, insurance company, policy number and contact information. Take clear photos of vehicle damage, skid marks, road signs and any contributing factors. Collect witness contact details for future statements.
2. Notify Your Insurer and the At-Fault Insurer
Report the incident to your own insurer promptly—even if you plan to file directly with the at-fault party’s carrier. Under Utah’s Unfair Claims Settlement Practices Act (Utah Code § 31A-21-304), insurers must respond to claims in good faith. Then contact the at-fault driver’s insurer to open a third-party property damage claim.
3. Obtain Repair Estimates and Appraisals
Get at least two written repair estimates from licensed auto body shops. Submit these to the at-fault insurer along with your photos and police report. The insurer may send its own appraiser. Compare their findings against your estimates and note any discrepancies.
4. Negotiate a Settlement
Review the insurer’s offer. If it fully covers repair costs or the vehicle’s fair market value—whichever is higher—you can accept and release their liability for property damage. If the offer is low, provide documentation supporting higher repair or replacement costs. Utah courts recognize fair market value based on condition, mileage and resale data.
5. File in Small Claims or Civil Court if Necessary
If negotiations fail, consider filing a lawsuit. Utah’s general three-year statute of limitations for property damage claims applies (Utah Code § 78B-2-307). For claims up to $11,000, file in Justice Court (small claims). For higher amounts, file in District Court. Prepare a concise complaint listing damages, attach evidence and pay filing fees.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Document everything: keep emails, estimate receipts and phone-call logs.
- Act quickly: Utah courts enforce strict filing deadlines.
- Consider a licensed public adjuster if damage estimates become complex.
- Maintain a repair log and receipts once work begins.
- Retain the damaged parts until the claim settles.