7 LONG TITLE
8 Committee Note:
9 The Transportation Interim Committee recommended this bill.
10 General Description:
11 This bill modifies provisions related to the recovery of costs for repair of damages
12 caused by motor vehicle accidents.
13 Highlighted Provisions:
14 This bill:
15 ▸ provides for government entities to contract with third parties to recover costs for
16 repair of damages caused by motor vehicle accidents;
17 ▸ clarifies the fees that a third party may charge for services to recover costs for repair
18 of damages caused by motor vehicle accidents; and
19 ▸ makes technical changes.
20 Money Appropriated in this Bill:
22 Other Special Clauses:
24 Utah Code Sections Affected:
26 41-6a-409, as enacted by Laws of Utah 2012, Chapter 364
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 41-6a-409 is amended to read:
30 41-6a-409. Prohibition of flat response fee for motor vehicle accident.
34 (1) As used in this section, "government entity" means the Department of
35 Transportation, the Utah Highway Patrol Division, or a local government entity or agency.
36 (2) A government entity:
37 (a) may not impose a flat fee, or collect a flat fee, from an individual involved in a
38 motor vehicle accident; and
39 (b) may only charge the individual for the actual cost or a reasonable estimate of the
40 cost of services provided in responding to the motor vehicle accident, limited to:
41 (i) medical costs for[
43 (ii) the cost for repair to damaged public property, if the individual is legally liable for
44 the damage;
45 (iii) the cost of materials used in cleaning up the motor vehicle accident, if the
46 individual is legally liable for the motor vehicle accident; and
47 (iv) towing costs.
51 (3) If a government entity imposes a charge on more than one individual for the actual
52 cost or a reasonable estimate of the cost of responding to a motor vehicle accident, the
55 shall apportion the charges so that [
56 responding to the motor vehicle accident than the actual response cost or a reasonable estimate
57 of the cost.
58 (4) Nothing in this section prohibits a government entity from contracting with an
59 independent contractor to recover costs related to damage to public property.
60 (5) If a government entity enters into a contract with an independent contractor to
61 recover costs related to damage to public property, the government entity may only pay the
62 independent contractor out of any recovery received from the person who caused the damage or
63 the responsible party.
Legislative Review Note
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