Utah
Diminished Value Overview
In Utah, a vehicle involved in a not at fault accident may lose market value even after repairs are completed. When another driver is responsible for the accident, Utah law allows you to pursue compensation for that loss in value from the at fault driver’s insurance company as part of your property damage claim. Utah recognizes diminished value claims and provides a specific time period to file them.
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01
Statute of Limitations
Utah allows three years from the date of the accident to pursue a diminished value claim.
02
Third-Party Claims
Diminished value claims can be pursued against the at fault driver’s liability insurance when another driver caused the accident.
03
First-Party and Uninsured Motorist
Most first party policies in Utah exclude diminished value, but uninsured motorist property damage (UMPD) coverage may apply if you carry it.
04
Small Claims Court Limit
Utah small claims court allows diminished value claims up to $20,000.
Utah Diminished Value Law
Utah recognizes diminished value as a recoverable element of property damage when a vehicle is damaged by another party’s negligence. When repairs do not fully restore a vehicle to its pre loss market value, the owner may recover the remaining loss in value as part of a third party property damage claim.
Metcalf v. Mellen, 192 P. 676 (Utah 1920)
The Utah Supreme Court held that in an action for damage to an automobile, the proper measure of damages includes the difference between the vehicle’s market value immediately before and immediately after the injury. The court further recognized that a plaintiff may recover not only the reasonable cost of repairs, but also any remaining depreciation in market value after repairs are completed, so long as such loss is proven.