If you have been in a Utah auto accident, you may be entitled compensation for the diminished value of your automobile. Many Utah personal injury attorneys do not handle diminished value claims. As a result, many auto accident victims in Utah have questions about getting compensation for the diminished value of their vehicles after an accident.

Outlined below are some answers. These FAQ’s will give you a good overview of some common issues involved in Utah diminished value claims, but it is critical that you hire a highly qualified personal injury attorney as soon as possible to assist with your specific case to ensure that
your interests are protected. Click here to learn more about the timeline for settling your Utah auto accident claim

13. How long do I have to submit a diminished value claim?
14. What if my expert determines that poor repair work was done on my vehicle?
15. What if I want to keep my vehicle? Can I still make a diminished value claim?
16. What is a buyback offer and should I accept one?
17. What if I cannot get a buyback offer?
18. Can I submit a diminished value claim to my own insurance company?
19. How can I increase the value of my diminished value claim?
20. What if the person who caused the accident does not have insurance?
21. Is it worth pursuing a diminished value claim in Utah?
22. How much money am I likely to recover for diminished value in Utah?
23. What if the insurance company refuses to pay fair value for my diminished value claim?
24. What are the most common defenses to a diminished value claim?

1. WHAT IS A DIMINISHED VALUE CLAIM?

In Utah, a diminished value claim is an auto insurance claim seeking to compensate the owner of a vehicle for the drop in the vehicle’s value after an auto accident. If your vehicle has been involved in an accident, your car is worth less than it was before the accident. This is true even if your car is repaired. Your care is worth less because it now has an accident history that will available for future potential buyers on CarFAx and other similar search engines and apps.

2. DOES UTAH RECOGNIZE DIMINISHED VALUE CLAIMS?

Yes, Utah law recognizes diminished value claims. In Metcalf v. Allen, 192 P. 676 (Utah 1920), the Utah Supreme Court approved a jury instruction allowing for damages for the difference in market value to a vehicle after an accident. Id. The Court held that the cost of repair and the depreciation in market value should be taken into account in determining such damages. Id.; see also Sevy v. Utah Farm Bureau Ins. Co., 334 P.2d 554, 555 (Utah 1959); Hill v. Varner, 290 P.2d 448, 449 (Utah 1955) (plaintiff may recover reasonable cost of repairs, but also the depreciation in market value after the vehicle is repaired). If you have questions about Utah law on diminished value, call Gosdis Law immediately for a free diminished value consult. You can call or text us anytime at 385-429-9960.

3. DO I HAVE A DIMINISHED VALUE CLAIM IF MY VEHICLE WAS FULLY REPAIRED?

Yes, you have diminished value claim even if your vehicle was fully repaired. Utah law recognizes that a vehicle may be restored to its former condition, but still retain a stigma of having been involved in an accident, and, suffering a reduced market value as a result. In those situations, Utah courts have held that diminution in value damages are available when the repair of an item will not return the value of the item to its original level based on lingering negative public perception. See Walker Drug Co., Inc. v. La Sal Oil Co., 972 P.2d 1238 (Utah 1998).

4. IF MY VEHICLE IS MORE THAN FIVE-YEARS OLD, CAN I MAKE A CLAIM FOR DIMINISHED VALUE?

It depends. New vehicles always qualify for diminished value damages. Vehicles less than five-years old generally qualify for diminished value damages so long as they do not have prior damage. Vehicles that are more than five-years old may still qualify, depending on the make, model, and type of property damage involved, along with the vehicle’s prior accident history. Of course, vintage vehicles will certainly qualify for diminished value damages.

5. HOW DO I MAKE A DIMINISHED VALUE CLAIM IN UTAH?

To make a diminished value for your vehicle after an accident, follow these steps. Hire an attorney qualified in making Utah diminished value claims. Get your vehicle repaired a reputable body shop. Have your attorney retain an expert to appraise your vehicle. Your attorney will then prepare a written claim based on your repair bills and your expert’s written report.
If you have questions about making a diminished value claim, call Gosdis Law immediately to discuss your case. We will provide you with a free consult over the phone to discuss your claim and will immediately take action to establish the diminished value of your vehicle. If your case calls for it, we will have an expert conduct a thorough analysis of your vehicle and provide a report. You can call or text us anytime at 385-429-9960.

6. WHAT ARE THE FACTORS FOR DETERMINING IF MY CAR HAS DIMINISHED VALUE AFTER AN ACCIDENT?

The following factors will help you assess if you have a potential diminished value claim for your vehicle after a Utah accident. What are the factors for determining if my car has diminished value after an accident?

• What is the make, model, and year of your vehicle? Generally, if your vehicle is newer or otherwise in high demand, the more likely that it sustained diminished value as a result of the accident. Conversely, if your vehicle is an older model with high mileage or otherwise in poor shape, the less likely that it sustained diminished value as a result of the accident. One exception is if your vehicle is vintage or collector vehicle. In that case, it is highly likely that your vehicle sustained diminished value as a result of the accident.

• What type of condition was your vehicle in prior to the accident? If your condition was in poor condition prior to the accident, it will have much less diminished value damages. If, on the other hand, it was in pristine condition, the diminished value damages will be much higher.

• How many miles did your vehicle have prior to the accident? If your vehicle had high mileage prior to the accident, it will have much less diminished value damages. If, on the other hand, it had low mileage, the diminished value damages will be much higher.

• What types of damages did your vehicle sustain in the accident? If you were involved in a low impact collision, resulting primarily in cosmetic repairs, your vehicle will have much less diminished value damages. On the other hand, if you were involved in a high impact collision, resulting in structural damage, your vehicle will have potentially significant diminished value damages. Even if your body shop fully repairs the structural damage to your vehicle, you still have a claim for diminution in value.

• Was your vehicle properly repaired to industry standards? If your body shop used shoddy parts; poor repair methods; or simply failed to make necessary repairs, your vehicle will need to be properly repaired before establishing diminished value. Make sure your body shop uses the latest technology to repair your vehicle; state-of-the-art software for estimating repair costs; and original (OEM) parts for your repair.

• Did your vehicle have a prior accident history? If your vehicle was previously involved in accident(s), you may have a much more difficult time getting diminished value damages. The insurance company will argue that it is impossible to distinguish the vehicle’s diminished value from the two or more accidents. A prior accident does not mean you cannot get diminished value damages for your accident, but it may complicate claim. Talk to an experienced diminished value attorney about how to maximize your diminished value claim in the event of a prior accident history on your vehicle.

• What was your vehicle’s value before the accident? The starting point of a diminished value claim is your vehicle’s value prior to the accident. The value can be established a number of different ways, including auto value guides, newspapers and websites with auto advertisements; and/or by an expert appraisal. The pre-accident value of your vehicle is based on what it would have actually sold for, not what one person may have asked for a similar vehicle in an on-line posting.

• Have you unsuccessfully tried to sell your vehicle after the accident? You are not required to sell your vehicle to obtain diminished value damages, but a lot of people want to sell their vehicles after an accident. If you can establish that you made a good faith attempt to sell your vehicle after the accident, but were unable to do so or only received under-market offers, your diminished value claim might be significantly strengthened.

• What have car dealers offered to pay you for your vehicle? You might have tried to sell or trade-in your vehicle to an auto dealer after an accident. If you have, the amount of money a dealer offered you to purchase your vehicle or on trade-in, can further establish your diminished value damages.

If you have questions about the diminished value factors in your case, call Gosdis Law immediately to discuss your Utah diminished value claim. We will provide you with a free consult over the phone to discuss your claim and will immediately take action to establish your diminished value case. If your case calls for it, we will have an expert conduct a thorough analysis of your vehicle and provide a report. You can call or text us anytime at 385-429-9

7. WHAT EVIDENCE SHOULD I COLLECT IN SUPPORT OF MY DIMINISHED VALUE CLAIM?

As support of your diminished value claim, you will need photos of vehicle damage; the repair bills for your vehicle; any evidence of unsuccessful attempts to sell your vehicle after the accident; any under-value purchase or trade-in offers you received after the accident; your expert’s appraisal report; and any other evidence of what your vehicle would be worth had it not been involved in the accident.

If you have questions about the types of evidence you should collect in your case, call Gosdis Law immediately to discuss your Utah diminished value claim. We will provide you with a free consult over the phone to discuss your claim and will immediately take action to establish your diminished value. If your case calls for it, we will have an expert conduct a thorough analysis of your vehicle and provide a report. You can call or text us anytime at 385-429-9960.

8. DO I NEED TO HIRE AN EXPERT FOR A DIMINISHED VALUE CLAIM?

Yes, you need to hire an expert to establish the diminished value of your vehicle after an accident. You have to prove that your vehicle is worth less than it was before the accident. Insurance companies will not take your word for it. You have to prove your claim, usually through the use of an expert who can speak the diminished value of your vehicle after the accident.

Call Gosdis Law immediately after an accident about hiring an expert to establish the diminished value of your vehicle. We will provide you with a free consult over the phone to help you the critical moments and days after your accident and will immediately take action on your diminished value claim. If your case calls for it, we will have an expert conduct a thorough analysis of your vehicle and provide a report. You can call or text us anytime at 385-429-9960.

9. DO ALL UTAH PERSONAL INJURY ATTORNEYS HANDLE DIMINISHED VALUE CLAIMS?

No, most Utah attorneys are unwilling to handle diminished value claims. There can be several reasons why, including, that they do not have significant experience handling diminished value claims; feel like they are too busy to handle property damage claims; they do not enjoy working on property damage claims; or because they do not believe there is enough value in diminished value claims. Irrespective of the reasons why, there are at least some Utah attorneys that do handle diminished value claims, including Gosdis Law.

10. WHEN SHOULD I CONTACT AN ATTORNEY FOR MY DIMINISHED VALUE CLAIM?

You should contact a diminished value attorney immediately after your accident. He or she can help gathering the evidence necessary for your claim and work to increase the amount of your claim. Ideally, you should contact a diminished value attorney before you take your vehicle in for repairs.

Call Gosdis Law immediately for help with your diminished value claim. We will provide you with a free consult over the phone to help you in the critical moments and days after your accident and will immediately take action on your diminished value claim. If your case calls for it, we will have an expert conduct a thorough analysis of your vehicle and provide a report. You can call or text us anytime at 385-429-9960.

11. HOW MUCH WILL IT COST TO HIRE AN ATTORNEY FOR MY DIMINISHED VALUE
    CLAIM?

In Utah, most attorney do not handle diminished value claims. For those that do, like Gosdis Law, they work on a contingency fee, meaning you pay nothing up front and they take a percentage of what they recover on your behalf. You pay nothing if they are unsuccessful in recovering money on your behalf.

If you need help with your diminished value claim, call Gosdis Law immediately for a free consult about your case. If your case calls for it, we will have an expert conduct a thorough analysis of your vehicle and provide a report. You can call or text us anytime at 385-429-9960.

12. DOES AN EXPERT NEED TO INSPECT MY VEHICLE TO MAKE A DIMINISHED VALUE
    CLAIM?

Yes, if emergency responders suggest that you should be transported from the accident scene, you should follow their advice. It is important that you obtain immediate medical attention, including from emergency responders. If your condition is such that they believe it is in your best interest to be transported in an ambulance, follow their instructions.

In Utah, you have at least three thousand dollars ($3,000.00) of personal injury protection (“PIP”) insurance from your auto policy. Some auto policies provide ten thousand dollars ($10,000.00) or more in PIP coverage. Your PIP insurance can be used to cover the costs associated with your ambulance.

If you do not have PIP coverage, or if your PIP coverage becomes exhausted, your personal injury attorney will recoup any remaining money due for your ambulance bills from the at-fault driver’s insurance policy up to the policy limits. In some situations, your attorney may even be able to recover above the policy limits. In addition, your personal injury attorney may be able to collect additional money from your underinsured insurance policy to cover your ambulance bills.

13. HOW LONG DO I HAVE TO SUBMIT A DIMINISHED VALUE CLAIM?

It is critical that you tell first responders, police, nurses, physicians, and hospital staff about your symptoms in as much detail as possible. You have to be as specific and comprehensive as possible, telling them about each separate part of your body that was injured in the collision and the ways in which you are experiencing pain or other symptoms in those areas. You need to tell them about each of these injuries even if they feel relatively minor to you at the time. That means you need to tell your medical providers about each and every bump, bruise, and scratch. Make sure there is a record of everything.
For instance, imagine you hit your head in connection with an auto accident resulting in a small goose egg on the top of your head. The goose egg is relatively small, and you do not believe it requires medical treatment. Whether or not your doctor does anything to treat the goose egg, you need to tell him or her about it so there is a record of that injury. Imagine if you start to develop post-concussion symptoms in the days that follow, but failed to tell the emergency room doctor about the small bump on your head and, as a result, there is no record of you having suffered a head injury in the accident. Insurance company lawyers will argue that there is no record of a head injury in the emergency room records and that you must have injured your head doing something else in the days that followed the accident.

14. WHAT IF MY EXPERT DETERMINES THAT POOR REPAIR WORK WAS DONE ON MY VEHICLE?

Yes. After attending to emergency medical needs and calling police, make sure you take plenty of photos and videos. Take photos and videos of the vehicles, accident scene, signage, property damage, debris, road conditions, marks on the road, and traffic signs and signals. You cannot assume that the police will take the photos or videos you may need for your claim. They usually do not take any photos or videos at the scene. Even if the police do take photos, you need to take as many of your own photos and videos as possible, including photos and videos of various approaches to the accident scene and of all of the people involved in the accident.

By gathering as many photos and videos as possible from different vantage points, you will allow the accident reconstructionist to construct the most accurate diagram possible of your accident.

After you take photos and videos at the accident scene, contact Gosdis Law immediately at 385-429-9960. It is imperative that you send the photos and videos to your Utah personal injury attorney as soon as possible after an accident. Your attorney will need them to start the claims process and they need to be safeguarded. Otherwise, you risk losing critical evidence in your case if your phone is lost or destroyed in the days following your accident.

15. WHAT IF I WANT TO KEEP MY VEHICLE? CAN I STILL MAKE A DIMINISHED VALUE CLAIM?

You need to take photos and videos right away. It is really important to take them immediately at the scene. If that is not possible, it is important to take photos and videos as soon as you can after the accident. By doing so, you can gather information critical to your case for an accident reconstructionist and/or other expert witnesses, including vehicle positions, roadway conditions, obstructions, traffic signals, accident debris, and skis marks, among many others.

For instance, your photos and videos might pick up “impending” skid marks. Impending skid marks are marks left on the roadway by your tires before they actually start skidding. They are faint tire marks in the roadway that normally can only be seen for about twenty-four to forty-eight hours before disappearing. An accident reconstructionist will use impending skid marks, coupled with skid marks, to arrive at more accurate conclusions regarding vehicle speed.

If you are unable to take photos and videos immediately after an accident in Utah, call or text Gosdis Law at 385-429-9960. At Gosdis Law, we work closely with accident investigators and reconstructionists who we can often deploy immediately to an accident scene of any serious accident to preserve and document evidence critical to your case before it is lost.

16. WHAT IS A BUYBACK OFFER AND SHOULD I ACCEPT ONE?

In addition to photos and videos, you need to keep notes of any of your conversations with witnesses at the accident scene. You should also keep your discharge paperwork from the emergency room or urgent care and you Exchange of Information form from the police department. You should also keep any property damaged in the collision, including cell phones, computers, glasses, or anything else damaged in the auto accident. You should also keep dash cam footage of your accident, if you have any.

It is also really important to maintain access to the vehicles damaged in the accident. It may be necessary for experts to examine seat belts, air bags, or tires or other components of the vehicles. If those components malfunctioned it may be possible to bring claims against the manufacturers. If the vehicle is sold or destroyed, however, it might be impossible to bring those types of claims against the manufacturers. You generally have to have the actual vehicle and/or the vehicle’s defective component parts to maintain a product liability claim against the manufacturer.

You also need to keep the vehicles so experts can examine the vehicles as part of their attempt to reconstruct the accident, including by pulling information from the vehicles’ event data recorders.

It is important to put everyone on notice via certified mail not to move or destroy your vehicle, including wrecking yards, impound lots, tow yards, and tow truck drivers. You must advise them in writing that they must take all steps necessary to preserve evidence in your case, including your vehicle, and that their failure to do so will expose them to legal liability and a possible lawsuit for the destruction of evidence. If you need help communicating this information to the wrecking yard, impound lot, or tow yard holding your vehicle in Utah, call or text Gosdis Law immediately at 385-429-9960. We can make sure critical evidence your case is appropriately maintained and preserved as necessary.

17. WHAT IF I CANNOT GET A BUYBACK OFFER?

Ideally, you should call the best personal injury attorney in Utah before talking to any insurance company adjusters. It is important to call your attorney first so he or she can open the claim on your behalf and control what information the insurance companies receive and when they receive it.

It is also important to let your attorney communicate with the insurance companies (even your insurance company) because the insurance company will ask if they can record the call and make get you to make admissions or statements against your interest. Insurance company adjusters are highly skilled at getting you to say things that hurt your case. You cannot beat these people at their own game. It is much safer to let your attorney deal with insurance company communications.

18. CAN I SUBMIT A DIMINSHED VALUE CLAIM TO MY OWN INSURANCE COMPANY?

No, you should never talk to the other driver’s insurance company after an auto accident, let alone give the other driver’s insurance company a recorded statement. You should never give a recorded statement after an auto accident without first consulting with a personal injury attorney. If you do, you will likely damage your case.
Remember, insurance company claims adjusters are professionally trained to get you to say things or make admissions that will hurt your case. Insurance company adjusters sound good on the telephone, and often say they “just need a little information,” but are really focused on minimizing or destroying your claim. Do not let them do it. You cannot beat them at their own game. You are not in a position to know which statements may hurt your claim.
If the other driver’s insurance company contacts you, simply decline to talk to them about the accident. Be polite, but tell them you are not in a position to speak with them about the accident. Nothing else. Always get advice from an experienced Utah personal injury attorney on dealing with the other driver’s insurance company.
If the other driver’s insurance company is contacting you, text or call Gosdis Law immediately at 385-429-9960. We can handle all communications with the insurance companies, ensuring that your interests are fully protected.

19. HOW CAN I INCREASE THE VALUE OF MY DIMINISHED VALUE CLAIM?

20. WHAT IF THE PERSON WHO CAUSED THE ACCIDENT DOES NOT HAVE INSURANCE?

Under Utah law, all drivers are required to carry personal injury protection insurance (“PIP”). It pays for lost income, medical costs, and other related expenses if you are injured in an accident. It is also called “no-fault” insurance because it pays for your medical and other expenses irrespective of who was at-fault for the collision. PIP also covers any passengers in your vehicle, pedestrians, and bicyclists injured in the collision. PIP is not available for motorcycles, trailers, or semi-trailers in Utah.

Utah requires drivers to carry at least $3,000.00 of PIP. Drivers can purchase additional PIP insurance with up to $100,000.00 of coverage. The minimum PIP insurance in Utah provides the following coverages:

• $3,000.00 in death benefits to the decedent’s heirs (if the driver was killed in the collision)
• $3,000.00 in medical expenses per person
• $1,500.00 in burial costs
• 85% of lost income related to the collision
• Up to $20 per day for essential services (these are services provided by a family member or a third-party for you if you are injured in a collision)

PIP covers most reasonable medical procedures and services, including x-rays, emergency room, urgent care, MRI’s, chiropractors, physical therapists, hospital costs, and rehabilitation costs, among others.

If you have questions about PIP coverage for your Utah accident, call or text Gosdis Law at 385-429-9960 for a free consultation regarding your case.

21. IS IT WORTH PURSURING A DIMINISHED VALUE CLAIM IN UTAH?

If you are unlucky enough to be hit by an uninsured driver, your insurance may be able to help out. Uninsured motorist (UM) insurance coverage is designed to protect you if you are injured in an accident involving an uninsured driver. In that situation, your UM insurance (if you have it) will pay for your medical bills up to your UM policy limits.

For example, imagine you are involved in a collision with an uninsured driver and are taken the hospital with injuries. Imagine your hospital bills total $75,000.00. Working with your personal injury attorney, you can submit a claim to your UM carrier to cover the medical bills. If you had $100,000.00 in UM coverage, your insurance carrier would likely pay for all $75,000 of your medical bills. If, on the other hand, you had a $25,000.00 UM policy, your UM carrier would only pay $25,000.00 of the $75,000.00 in medical bills. You would still be responsible for personally paying the remaining $50,000.00 in medical bills.

As you can see, it is not only important to have UM insurance to protect yourself against uninsured drivers, but it is important that you purchase enough UM insurance. In Utah, you can purchase as little as $25,000.00 in UM coverage, but it is rarely enough. We recommend that you purchase at least $250,000.00 in UM coverage to protect yourself against uninsured drivers.

If you have questions about your uninsured auto accident in Utah, call or text Gosdis Law at 385-429-9960. We are best law firm in Utah in handling uninsured motorist claims.

22. HOW MUCH MONEY AM I LIKELY TO RECOVER FOR DIMINISHED VALUE IN UTAH?

If you are unlucky enough to be hit by a driver who does not have enough insurance, your insurance may be able to help out. Underinsured motorist (UIM) insurance coverage is designed to protect you if you are injured in an accident involving an underinsured driver. In that situation, your UIM insurance (if you have it) will pay for your medical bills up to your UIM policy limits.
For example, imagine you are involved in a collision with an underinsured driver and are taken the hospital with injuries. Imagine your hospital bills total $75,000.00, but the driver who hit you only has a $25,000.00 bodily injury insurance policy. Working with your personal injury attorney, you can submit a claim to your UIM carrier to cover the remainder of the medical bills up to your UIM limits. If you had $100,000.00 in UM coverage, your insurance carrier would likely pay for all $50,000 of your remaining medical bills. If, on the other hand, you had a $25,000.00 UIM policy, your UIM carrier would only pay $25,000.00 of the remaining $50,000.00 in medical bills. You would still be responsible for personally paying the remaining $25,000.00 in medical bills.
As you can see, it is not only important to have UIM insurance to protect yourself against underinsured drivers, but it is important that you purchase enough UIM insurance. In Utah, you can purchase as little as $25,000.00 in UIM coverage, but it is rarely enough. We recommend that you purchase at least $250,000.00 in UIM coverage to protect yourself against uninsured drivers.
If you have questions about your uninsured auto accident in Utah, call or text Gosdis Law at 385-429-9960. We are best law firm in Utah in handing UIM claims.

23. WHAT IF THE INSURANCE COMPANY REFUSES TO PAY FAIR VALUE FOR MY DIMINISHED VALUE CLAIM?

If you are in a hit-and-run accident in Utah with an unidentified driver, you usually can submit a claim for your injuries to your own insurance company under you underinsured motorist policy (UIM), if you have UIM coverage on your policy. You also should be able to make a claim for property damage under your insurance policy, along with a claim under your insurance policy for personal injury protection (PIP). PIP will cover at least the first three thousand dollars ($3,000.00) of medical bills associated with

24. WHAT ARE THE MOST COMMON DEFENSES TO A DIMINISHED VALUE CLAIM?

After a Utah auto accident, you will need to bring a number of records with you to your initial attorney consult, including, among many others, your driver’s license, insurance information, health insurance information, and the Driver Exchange of Information form provided to you by the police at the accident scene. Click here for a complete list of documents you should bring with you to your attorney consult for a Utah auto accident