1     
MOTOR VEHICLE ACCIDENT COST RECOVERY

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: John R. Westwood

6     

7     LONG TITLE
8     General Description:
9          This bill modifies provisions related to the recovery of costs for repair of damages
10     caused by motor vehicle accidents.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides for government entities to contract with third parties to recover costs for
14     repair of damages caused by motor vehicle accidents;
15          ▸     clarifies the fees that a third party may charge for services to recover costs for repair
16     of damages caused by motor vehicle accidents; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          41-6a-409, as enacted by Laws of Utah 2012, Chapter 364
25     

26     Be it enacted by the Legislature of the state of Utah:
27          Section 1. Section 41-6a-409 is amended to read:
28          41-6a-409. Prohibition of flat response fee for motor vehicle accident.
29          [(1) The Department of Transportation or the Utah Highway Patrol Division, or a
30     person who contracts with the Department of Transportation or the Utah Highway Patrol
31     Division to provide emergency services:]
32          (1) As used in this section, "government entity" means the Department of
33     Transportation, the Utah Highway Patrol Division, or a local government entity or agency.
34          (2) A government entity:
35          (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
36     motor vehicle accident; and
37          (b) may only charge the individual for the actual cost or a reasonable estimate of the
38     cost of services provided in responding to the motor vehicle accident, limited to:
39          (i) medical costs for[: (A)] transporting an individual from the scene of a motor vehicle
40     accident[; or (B) treatment of] or treating a person injured in a motor vehicle accident;
41          (ii) the cost for repair to damaged public property, if the individual is legally liable for
42     the damage;
43          (iii) the cost of materials used in cleaning up the motor vehicle accident, if the
44     individual is legally liable for the motor vehicle accident; and
45          (iv) towing costs.
46          [(2) If the Department of Transportation or the Utah Highway Patrol Division, or a
47     person who contracts with the Department of Transportation or the Utah Highway Patrol
48     Division to provide emergency services,]
49          (3) If a government entity imposes a charge on more than one individual for the actual
50     cost or a reasonable estimate of the cost of responding to a motor vehicle accident, the
51     [Department of Transportation or the Utah Highway Patrol Division or the person contracting
52     with the Department of Transportation or the Utah Highway Patrol Division] government entity
53     shall apportion the charges so that [it] the government entity does not receive more for
54     responding to the motor vehicle accident than the actual response cost or a reasonable estimate
55     of the cost.
56          (4) Nothing in this section prohibits a government entity from contracting with an
57     independent contractor to recover costs related to damage to public property.
58          (5) If a government entity enters into a contract with an independent contractor to
59     recover costs related to damage to public property, the government entity may only pay the
60     independent contractor out of any recovery received from the person who caused the damage or
61     the responsible party.