S.B. 188 Enrolled

INSURANCE DEDUCTIBLE FOR MOTOR
VEHICLE REPAIR
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Scott N. Howell
AN ACT RELATING TO MOTOR VEHICLES; REQUIRING THE FULL AMOUNT OF AN
INSURANCE DEDUCTIBLE BE CHARGED FOR A MOTOR VEHICLE REPAIR.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
41-6-149.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 41-6-149.5 is enacted to read:
41-6-149.5. Insurance deductible for motor vehicle repairs.
(1) If an insured makes a claim for a motor vehicle repair against his motor vehicle
insurance policy, the person who performs the repair may not charge an amount:
(a) to the insured that is:
(i) less than the deductible the policy requires the insured to pay for the repair unless the
insurer directs otherwise; or
(ii) more than the deductible the policy requires the insured to pay for the repair unless the
insured is informed orally and in writing and before the repair is commenced of the circumstances
under which the person who performs the repair may charge the insured more than the deductible;
or
(b) to the insurer to compensate for charging the insured an amount that is less than the
deductible the policy requires the insured to pay unless the insurer directs otherwise.
(2) For purposes of this section, definitions in Section 31A-1-301 apply.