January 24, 2023

Proving Up Property Damage Value in Utah Car Accidents

Being in a car accident and having your vehicle totaled through no fault of your own is an incredibly frustrating experience. Insurance adjusters often undervalue vehicles, leaving victims feeling shortchanged. Fortunately, Utah law provides methods to challenge low property damage settlements and maximize the value you receive. This guide will outline effective strategies for proving property damage value after a Utah car accident.

1. Introduction

After a Utah car accident, property damage claims are often undervalued by insurance adjusters. Whether your car is totaled or repairable, it’s critical to know your rights and how to advocate for fair compensation.

2. Splitting Property Damage and Bodily Injury Claims

Under Utah Code 78A-8-102, property damage claims can be split from personal injury claims. This means you can resolve your vehicle-related damages separately without jeopardizing your right to sue for bodily injuries later.

Why This Matters

Before this legal change, Utah’s res judicata doctrine prevented victims from filing separate claims for property damage and injuries. Now, you can handle your property damage quickly while still pursuing fair compensation for injuries.

3. Suing in Small Claims Court

If an insurance adjuster undervalues your vehicle, consider suing for property damage in small claims court.

Example Scenario

You’re rear-ended on University Avenue in Provo, UT, and your car is totaled. The insurance company lowballs your vehicle’s value. Instead of accepting their offer, you file a small claims lawsuit for property damage.

Why Small Claims Court Works:

  • Faster resolution for property damage claims.
  • Judges may be more receptive to fair market valuation arguments.

4. Gathering Vehicle Comparables

Comparables are the cornerstone of proving property damage value. A comparable vehicle is one that closely matches your car’s:

  • Make and model
  • Year
  • Mileage
  • Condition

The closer the match, the stronger your argument.

5. Using Online Platforms for Comparables

KSL.com and Facebook Marketplace

These platforms provide local listings of vehicles for sale, giving you real-time market data for similar cars in your area.

How to Use Online Comparables

  1. Search for vehicles identical to yours.
  2. Take screenshots or print listings showing prices.
  3. Highlight factors like mileage, year, and condition to make your case.

6. Role of Expert Testimony

Hiring a local used car salesman or manager can strengthen your claim. These professionals can:

  • Testify about the vehicle’s fair market value.
  • Provide affidavits supporting your claim.

Expert opinions are particularly persuasive in small claims court.

7. Recent Receipts and Vehicle Improvements

Recent upgrades and improvements can add value to your car, even after an accident.

Examples of Valuable Improvements

  • New tires ($900+)
  • Stereo systems or tech upgrades
  • Engine repairs or major maintenance

How to Present Receipts

  1. Gather recent receipts for improvements.
  2. Provide them to the insurance adjuster or court to justify a higher valuation.

8. Step-by-Step Guide for Small Claims Court

  1. File Your Claim: Visit your local small claims court to file for property damage.
  2. Prepare Evidence: Bring comparables, receipts, repair estimates, and expert affidavits.
  3. Present Your Case: Explain how you determined the vehicle’s fair market value.

9. Factors Insurance Adjusters Use to Value Property Damage

Insurance adjusters base their valuations on:

  • Kelley Blue Book or NADA Guide values.
  • Recent local sales of similar vehicles.
  • The car’s pre-accident condition.

Challenge Low Offers: Adjusters may undervalue the vehicle by ignoring recent improvements or using outdated comparables.

10. Documenting the Damage Properly

Proper documentation strengthens your property damage claim. Include:

  • Photos of the vehicle’s pre-accident condition.
  • Repair Estimates from local mechanics or body shops.
  • Market Comparables to demonstrate fair value.

11. Common Mistakes to Avoid

  1. Accepting the first low offer from the insurance company.
  2. Failing to gather comparables or receipts.
  3. Waiting too long to file in small claims court.

12. Utah Car Accident Valuation Laws

The Utah legal framework allows victims to fight for fair compensation. Splitting property damage claims from injury claims enables you to pursue each aspect of your case efficiently.

13. When to Hire a Car Accident Attorney

You may need an attorney if:

  • The insurance company refuses to negotiate.
  • The adjuster undervalues your vehicle significantly.
  • You’re unsure how to file or present your case in court.

14. Benefits of Expert Representation

Hiring an experienced Utah car accident attorney ensures you:

  • Accurately document your claim.
  • Obtain fair market valuation evidence.
  • Negotiate effectively with insurance adjusters.

15. Contact Information for Legal Help

If your property damage claim is undervalued, Utah Car Accident Attorney Jake Gunter can help you maximize your settlement. Whether you need assistance with small claims court or negotiations, Attorney Jake Gunter has the experience to fight for you.

Call/Text (801) 373-6345 for a Free Consultation.