Utah courts have backed a diminished value claim in Utah since a case decided in 1920. The owner of a damaged car can collect the repair bill and also the drop in value that remains once the work is done.
The Rule from Metcalf and Hill
The rule began with Metcalf v. Mellen in 1920, as the state survey by Matthiesen, Wickert & Lehrer reports. The Utah Supreme Court repeated it in Hill v. Varner in 1955. An owner can recover the reasonable cost of repairs and also depreciation in market value, if any, after repair.
The words if any carry weight. A crash alone does not prove a loss. You have to show the car is worth less after the repair, and a written appraisal is the usual proof. Send it to the at-fault driver's insurer with a short demand letter.
Four Years for Car Damage
Utah has a deadline written just for cars. Under Utah Code § 78B-2-307(3), a claim for property damage to your motor vehicle may be brought within four years. That is a fair amount of room. Still, records fade and witnesses move, so do not wait for the last month.
Your Share of Fault Can End the Claim
Utah weighs fault before it pays. Under Utah Code § 78B-5-818, you collect only from a person whose fault exceeds your own. If you and the other driver are equally to blame, you get nothing. Under that line, the award is reduced by your percentage of fault.
Your Policy, Their Policy and Small Claims
No Utah court has ruled on lost value under a driver's own policy, the same survey says. Read your collision terms closely before you file there.
The other driver's coverage may be thin. Utah sets the minimum at $15,000 for damage to the property of others, in Utah Code § 31A-22-304. Repairs and lost value both come out of that amount. When it runs short, you can sue the driver for the rest.
Utah small claims court takes cases up to $20,000. If an insurer stalls or gives no reason for a low offer, contact the Utah Insurance Department.