September 04, 2024

Maximizing Your Property Damage Claim After a Utah Car Accident

Many Utah personal injury attorneys focus solely on injury claims, leaving property damage as an afterthought. Attorney Jake Gunter, however, ensures you get the best value for your property damage claim, offering expert guidance every step of the way. For a free consultation, call or text (801) 373-6345 today.

Top Strategies for Maximizing Property Damage Claims in Utah

Here are your options for getting the best value for your damaged vehicle after a car accident:

1. Prove All Extras

  • What to Do: Provide receipts for any recent upgrades like new tires, a stereo system, or an engine overhaul.
  • Why It Matters: While these may not drastically increase your claim’s value, they can add a few hundred dollars to the settlement.

2. Negotiate With the Insurance Adjuster

  • What to Do: Attempt to negotiate a higher settlement value. However, most adjusters have limited authority to increase offers without supervisor approval.
  • Why You Need an Attorney: Without legal representation, negotiations are often futile. An attorney can file a lawsuit if needed, pressuring the insurance company to reassess the value.

3. Add Property Damage to Your Injury Claim

  • What to Do: If the insurance company’s property damage offer is too low, you can include the property damage in your personal injury lawsuit.
  • Drawback: If the property damage dispute is minor (e.g., $3,000), it might not be worth adding to a lengthy injury claim.

4. Claim Splitting: File a Separate Property Damage Claim in Small Claims Court

  • What It Is: Utah law now allows you to split property damage claims from bodily injury claims. You can sue for property damage in small claims court while pursuing a separate injury claim.
  • Benefits:
    • Avoid delays tied to lengthy injury claims.
    • Property damage claims up to $15,000 (as of 2024) can be handled quickly in small claims court.
  • Key Statute: Utah Code 78A-8-102(5) explicitly allows claim splitting for car accident property damage.

5. Use an Expert to Prove Vehicle Value

  • What to Do: Enlist a used car salesperson or appraiser to testify about the fair market value of your totaled vehicle.
  • Why It Helps: Expert testimony isn’t definitive but can support your argument for a higher settlement.

Small Claims Court: A Viable Option for Property Damage

Utah Small Claims Court Overview:

  • Jurisdiction Limits:
    • $15,000 through December 2024.
    • $20,000 starting January 2025.
  • Key Rule: You can file a property damage claim separately from an injury claim. Decisions in the property damage case won’t affect the bodily injury lawsuit.

Example:
After a rear-end collision in Provo, you’re unhappy with the insurance company’s $10,000 offer for your totaled car. You can sue in small claims court while continuing to pursue your injury claim separately.

How Utah’s Claim Splitting Law Works (Utah Code 78A-8-102(5))

The claim splitting law allows property damage claims to be litigated independently of bodily injury lawsuits. Key benefits:

  1. Liability decisions in small claims court don’t bind your injury case.
  2. You can pursue property damage without delaying your injury claim.

Recap: How to Get the Best Value for Property Damage

  1. Prove Upgrades: Submit receipts for recent repairs or additions.
  2. Negotiate: Push for a higher offer (with attorney assistance if needed).
  3. Add to Injury Claim: Include property damage in your injury lawsuit if the value justifies it.
  4. Claim Split: File a small claims lawsuit for property damage separately.
  5. Enlist Experts: Use professionals to validate your vehicle’s value.

Why You Need an Attorney for Property Damage Claims

Property damage adjusters often undervalue claims, and negotiations without legal backing rarely succeed. By working with an attorney like Jake Gunter, you can:

  • Ensure your claim is fairly evaluated.
  • Take legal action if negotiations fail.
  • Maximize your settlement by leveraging both injury and property damage claims.

Contact Jake Gunter for Help With Property Damage and Injury Claims

If you’ve been in a Utah car accident, don’t let lowball offers dictate your settlement. Whether you’re dealing with property damage, injury claims, or both, Jake Gunter can help you navigate the process and fight for the compensation you deserve.

📞 Call or Text: (801) 373-6345
📍 Location: Provo, Utah

Get personalized, expert guidance from a Utah car accident attorney who handles both injury and property damage claims. Call today for a free consultation!