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:
20 Other Special Clauses:
22 Utah Code Sections Affected:
24 41-6a-409, as enacted by Laws of Utah 2012, Chapter 364
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.
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[
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.
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
53 shall apportion the charges so that [
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.