Personal Injury and Car Accident Lawyer in Utah

What are the Keys of Property Damage Claims in Utah in 2023?

By on Aug 3, 2023 in Car Accidents, Personal Injury, Uncategorized |

Property Damage

What are the Keys of Property Damage Claims in Utah in 2023?

Let’s start with the definition of what qualifies as property damage. According to Law.com, property damage details “injury to real or personal property through another’s negligence, willful destruction or by some act of nature.” Property damage may include damage to your vehicle, or to a standstill object such as a tree, fence or house.

Now, let’s briefly look at what is the statute of limitations filing deadline in Utah.

What is the Utah Statue of Limitations for Property Damage?

According to Nolo.com, a statute of limitations by definition is a law created by the state that sets a strict deadline for starting a civil law suit. If you miss the deadline, you no longer have a right to sue. Every state has its own statute. In Utah, according to Utah Section 78B-2-305, the statute of limitations for property damage is 3 years. this applies to real property such as physical land like your house, or personal property like your vehicle.

For example, regarding a car accident causing, the 3 year time frame starts the date of the accident that caused the property damage.

 

How is Property Damage Calculated?

Have you ever wondered how they calculate the value of your car after an accident? To answer this questions, lawyers and adjuster look at a few different aspects to determine the best possible estimate (Utah.gov)

  1. The market value of the property (average of a vehicle’s retail value)
  2. Cost of replacing the vehicle
  3. Cost of repairing the item, if this is a possibility
  4. How much the vehicle would have sold for prior to it being damaged in the accident

If the property (vehicle int his case) has a value that cannot be determined based on the criteria, then the property will be considered to have a value less than $500. This is unlikely in car accident cases.

For more detail information on property damage and how it is determined, pleases click this link Utah.gov.

 

What do You do After a Car Accident if you Suffer Property Damage?

There are several steps you can take after being involved in a car accident and having your car damaged to the point of no use. Let’s discuss below.

  • Can I get a rental car? And how do I go about it?

    • With a rental vehicle, you can go through the at-fault party’s insurance or your own insurance.
    • Pros of going through your ow insurance is better costumer service, since it’s your policy.
    • Cons is you have to pay your deductible upfront.
    • If fault is determined and you did not cause the accident, you are able to go through the at-fault’s insurance company.
      • However, sometimes fault is not immediately determined so you may have a waiting period to obtain a rental.
    • For the most part, we recommend you obtain a rental through your own insurance if your deductible can be waived, or you are able to afford it, since you will be reimbursed in the end and better costumer service, like mentioned above
  • Should I get my car fixed?

    • Right after an accident, our recommendation would be to wait until fault is determined and an accurate estimate of the cost of repairs is amounted. This is usually done by an insurance representative who will come examine your car.
    • An exception to waiting to fix your vehicle can be if waiting on the repair of the vehicle will cause further damage to your car.
      • If this is the case, and you can either speak to your insurance company to confirm the issue with the vehicle or discuss with your attorney.
  • One thing to keep in mind is there are several different ways to handle property damage cases, and if you ever have any doubt on the best option, hiring an attorney can be a very helpful tool to guide you to make the best overall decision.
  • Also, keep in mind, you do have a duty to mitigate your damages, under Utah law. So be aware of storage fees or other damages that increase.

 

Contact us at Symco Injury Law Firm!

We know all these situations can be very stressful, especially after being involved in an unexpected accident and possibly suffering injuries as well. If you are ever involved in a personal injury / property damage case, please don’t hesitate to call or text us. We, at Symco Injury Law Firm, have years of extensive experience and are here to help you 24/7. Contact Us.