41-6a-409. Prohibition of flat response fee for motor vehicle accident.
| (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. |
Terms Used In Utah Code 41-6a-409
- Contract: A legal written agreement that becomes binding when signed.
- Department: means the Department of Public Safety. See Utah Code 41-6a-102
- Highway: means the entire width between property lines of every way or place of any nature when any part of it is open to the use of the public as a matter of right for vehicular travel. See Utah Code 41-6a-102
- Motor vehicle: means a vehicle that is self-propelled and a vehicle that is propelled by electric power obtained from overhead trolley wires, but not operated upon rails. See Utah Code 41-6a-102
- Person: means a natural person, firm, copartnership, association, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation, or any other legal or commercial entity. See Utah Code 41-6a-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Vehicle: means a device in, on, or by which a person or property is or may be transported or drawn on a highway, except a mobile carrier, as defined in Section 41-6a-1120, or a device used exclusively on stationary rails or tracks. See Utah Code 41-6a-102
| (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 |
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| (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. |
| (6) |
| (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. |
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| (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. |
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Amended by Chapter 239, 2021 General Session
