41-6a-409. Prohibition of flat response fee for motor vehicle accident.

398 words·~2 min read·/ut/title-41/chapter-6a/41-6a-409

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(1)As used in this section, "government entity" means the Department of Transportation, the Utah Highway Patrol Division, or a local government entity or agency.

(2)A government entity:

(a)may not impose a flat fee, or collect a flat fee, from an individual involved in a motor vehicle accident; and

(b)may only charge the individual for the actual cost or a reasonable estimate of the cost of services provided in responding to the motor vehicle accident, limited to:

(i)medical costs for transporting an individual from the scene of a motor vehicle accident or treating a person injured in a motor vehicle accident;

(ii)subject to Subsection

(6), the cost for repair or replacement of damaged public property, if the individual is legally liable for the damage;

(iii)the cost of materials used in cleaning up the motor vehicle accident, if the individual is legally liable for the motor vehicle accident; and

(iv)towing costs.

(3)If a government entity imposes a charge on more than one individual for the actual cost or a reasonable estimate of the cost of responding to a motor vehicle accident, the government entity shall apportion the charges so that the government entity does not receive more for responding to the motor vehicle accident than the actual response cost or a reasonable estimate of the cost.

(4)Nothing in this section prohibits a government entity from contracting with an independent contractor to recover costs related to damage to public property.

(5)If a government entity enters into a contract with an independent contractor to recover costs related to damage to public property, the government entity may only pay the independent contractor out of any recovery received from the person who caused the damage or the responsible party.

(a)The costs of repair or replacement of damaged public property described in Subsection (2)(b)(ii) include the full cost to:

(i)repair the damaged public property; or

(ii)replace the damaged public property with a replacement that is functionally equivalent to the property that was damaged.

(b)Except for the replacement of a damaged motor vehicle, the costs described in Subsection (6)(a) may not be reduced based on the depreciated value of the damaged public property at the time the damage occurs.

Amended by Chapter 239 , 2021 General Session