Utah total loss valuation
Utah total loss offer too low?
We check the insurer's valuation report against Utah's total loss rules and local listings for comparable cars. A few quick questions, then your email. The check is free.
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Utah's total loss rules, quoted
The text below is quoted from Utah's published rules, with a link to each source. It is reference material, not legal advice about your claim. Reclaim is not a law firm or a public adjuster.
How many comparables, and how recent
“(A) The cost of at least two comparable automobiles in the local market area, if an automobile was available within the last 90 days to consumers in the local market area.”
When there are no local comparables
“(B) The cost of at least two comparable automobiles in areas proximate to the local market area, including the closest major metropolitan area in or out of the state, that were available within the last 90 days to consumers, if comparable automobiles are not available in the local market area.”
Dealer quotes in place of comparables
“(C) At least two quotes from at least two qualified dealers located within the local market area, if a comparable automobile is not available in the local market area.”
Itemized deductions
Your own insurer
“(i) Any deduction from the cost, including a deduction for salvage, shall be measurable, itemized, and specified as to dollar amount and shall be reasonable in amount. (ii) The basis for the settlement shall be fully explained to the first party claimant.”
Betterment and depreciation deductions
“(7) If the amount claimed is reduced due to betterment or depreciation, all information for the reduction shall be contained in the claim file. (a) The deduction shall be itemized with specificity as to dollar amount and shall be reasonable. (b) The insurer shall provide a written explanation of the deductions to the claimant upon request.”
Departing from the comparable method
Your own insurer
“(c) If a first party claimant automobile total loss is settled on a basis that deviates from the methods described in Subsection (1)(a) or (1)(b), the deviation shall be supported by documentation giving particulars of the automobile condition.”
Tax and fees
Your own insurer
“(b)(i) An insurer may offer a cash settlement based on the actual cost, less any deductible provided in the policy, to purchase a comparable automobile, including all applicable taxes, license fees, and transfer of ownership fees of a comparable automobile for a cost determined in this Subsection (1)(b)(i).”
Actual cash value includes taxes and fees
Your own insurer
“(10) An insurer shall fairly, equitably, and in good faith attempt to compensate a first party claimant for all losses covered by the policy based on the following standards: [...] (e) actual cash value shall include taxes and other fees incurred by a claimant in replacing the part or vehicle or in compensating the claimant for the loss incurred.”
Registration fee: driver education
“(1) Each year there is levied and shall be paid to the commission the automobile driver education fee. (2) (a) Except as provided in Subsections (2)(b) and (c), the fee is $2.50 upon each motor vehicle to be registered for a one-year registration period. (b) The fee is $2.00 upon each motor vehicle to be registered under Section 41-1a-215.5 for a six-month registration period. (c) The following registrations are exempt from the fee in Subsection (2)(a) or (b): (i) a motorcycle registration; and”
Registration fee: uninsured motorist identification
“(1) (a) Except as provided in Subsections (1)(b) and (c), at the time application is made for registration or renewal of registration under this chapter, the applicant shall pay an uninsured motorist identification fee of: (i) $1 on each motor vehicle or street-legal all-terrain vehicle; or”
County registration fee: corridor preservation
“(i) Except as provided in Subsection (2)(a)(ii), a county legislative body may impose a local option highway construction and transportation corridor preservation fee of up to $10 on each motor vehicle registration within the county.”
County registration fee: emissions compliance
“(1) (a) (i) A county legislative body of a county that is required to utilize a motor vehicle emissions inspection and maintenance program or in which an emissions inspection and maintenance program is necessary to attain or maintain any national ambient air quality standard in accordance with Section 41-6a-1642 may impose a local emissions compliance fee of up to: (A) $3 on each motor vehicle registration within the county for a motor vehicle registration under Section 41-1a-215; or [...] (c) The following are exempt from the fee required under Subsection (1)(a)(i): [...] (iii) an electric motor vehicle; and”
Dealer documentary fee
“[Utah Code § 41-3-401.6] (1) (a) Before a sale is finalized, a licensee shall provide the transaction disclosure form described in Subsection (3). (b) The licensee and the purchaser shall each execute the transaction disclosure form to memorialize the negotiated terms and prices of the sale. [...] (3) The transaction disclosure form shall include: [...] (c) an itemized list of the following legally required taxes and fees: [...] (iv) a dealer documentary service fee as described in rules made in accordance with Sections 41-3-301 and 41-3-302; [...] [Utah Admin. Code R877-23V-14] (1) As used in this section, "dealer documentary service fee" means a fee that a dealer charges a purchaser or lessee of a motor vehicle for preparing or processing any state-mandated documents or services.”
Claims against the other driver's insurer
The other driver's insurer
“(2)(a) A total loss settlement with a third party claimant shall be based on the market value or actual cost of a comparable automobile at the time of loss including all applicable taxes, license fees, and transfer of ownership fees. (b) Except for Subsection (1)(b)(ii), settlement procedures shall comply with Subsection (1)(b).”
Salvage quote details
“The commissioner finds the following acts to be misleading, deceptive, unfairly discriminatory, overreaching, or an unreasonable restraint on competition in settling a claim: [...] (6) failing to provide to a claimant, if requested, the name and address of the salvage dealer who provided a salvage quote for the amount deducted by an insurer in a total loss settlement;”
If you can't buy a comparable car with the payment
Your own insurer
“(ii) An insurer shall reopen its claim file and comply with the following procedures upon notice that a first party claimant cannot purchase a comparable vehicle at market value within 30 days of receiving a cash settlement payment under this Subsection (1)(b); and”
Locating a comparable car
Your own insurer
“(A) locate a comparable vehicle by the same manufacturer, same year, similar body style, and similar options and price range for an insured for the market value determined by the insurer at the time of settlement available through a licensed dealer or private seller;”
Appraisal
Your own insurer
“(ii) An insurer shall reopen its claim file and comply with the following procedures upon notice that a first party claimant cannot purchase a comparable vehicle at market value within 30 days of receiving a cash settlement payment under this Subsection (1)(b); and [...] (D) conclude the loss settlement under the appraisal section of the policy in force at the time of the loss.”
Response time
“(3) Within 15 days, an insurer shall provide a substantive response to a claimant if a response has been requested.”
Time to investigate the claim
Your own insurer
“(2)(a) Within 30 days after receiving a complete proof of loss, an insurer shall complete its investigation of the claim and shall notify the first party claimant of its acceptance or denial of the claim unless the investigation cannot reasonably be completed within that time.”
Have the report in hand? Try the CCC report checker or read how to read a CCC valuation report.