Can I get paid for my car's lost value in Utah?
Even after a good repair, a car with an accident on its history is usually worth less when you sell it or trade it in. That loss is called diminished value, and in Utah you may be able to claim it.
What diminished value is
It's the difference between what your car was worth right before the accident and what it's worth after being repaired. Buyers and dealers often pay less for cars with an accident on the report, even when the repair was done well.
What Utah law says
In Metcalf v. Mellen (1920), the Utah Supreme Court held that a car owner can recover the loss in market value in addition to the cost of repairs.
This claim is usually made to the at-fault driver's insurance. Your own policy may not cover it, so check your policy.
When you may be able to claim it
If you were partly at fault, Utah reduces what you can recover by your percentage of fault. At 50% or more, you can't recover from the other driver.
- Another driver caused the accident.
- Your car was repaired, or will be.
- Your car is worth less because of the accident history.
Why the insurer's number is often low
Many insurers use a formula called "17c". It starts at 10% of the car's value and then reduces it for damage and mileage. At 100,000 miles or more, the formula gives $0. It is not a Utah legal rule and it is widely criticized for giving low numbers.
Our free calculator shows what that formula gives for your car, so you know what to expect from their offer.
How to support your claim
- Your car's value before the accident (you can check it with our free tool).
- The final repair invoice and photos of the damage.
- A written opinion from an independent appraiser or a dealer on how much less it's worth now.
- Listings that compare similar cars with and without accident history.
Don't wait
Claims have legal deadlines, and evidence is easier to gather right after the repair. If our partner attorneys take your case, your car damage claim is 100% free. They take no percentage of it.
Can I claim diminished value if the accident was my fault?
Usually not from the other driver's insurance. Check your own policy, and ask us if fault isn't clear.
Do I have to sell the car to claim it?
Usually not. The claim is about the market value your car lost because of the accident.
How much is my diminished value?
It depends on your car, the damage, the mileage and the market. Our calculator shows the insurer's formula, and an independent appraisal can show the real market loss.
Enable JavaScript to use the forms and check your vehicle.