(855) 589-7222

Diminished Value Claim in Utah

Yes against the at-fault driver's insurer: Utah allows repair costs plus lost value, with four years to sue for car damage.

File a claim with the other driver's insurer
Yes
File a claim on your own policy
Not settled
Time limit to sue for car damage
4 years
Your share of the blame
Modified comparative, 50% bar
Minimum coverage for property damage
$15,000

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.

Get your Utah number with the diminished value calculator, or compare Utah with every other state.

Had a crash in Utah? Talk to someone who handles diminished value claims there.

Call (855) 589-7222

Ask for a Written Review of Your Utah Claim

Provide the key facts and a single diminished value appraiser or car claim lawyer will review it and email you back.