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If another driver caused the accident, his insurance should pay for your repair. Insurance companies prefer low estimates which may overlook details such as proper alignment, headlight adjustment, correct matching of paint colors, etc.

The insurance company will often perform its own estimate on the cost of repair. And the insurance company may prefer a particular repair shop. This is usually not a problem and if the estimate overlooked items of damage, the repair shop will call with the news and get approval to repair these items. You shouldn't have to compromise quality for economy, nor should you have to be involved in negotiations between the insurance company and body shop.

When you pick up your car after repairs, test drive it. Make sure it is sound and all repairs are completed before you take it home. If you discover something not fixed take it back and continue to do so until the repair shop gets it right.

Do not sign any releases until you are sure the insurance company will cover the cost of all repairs to your satisfaction.

If the cost of repairs to your auto is greater than the value (totaled or total loss), the insurance company will offer to pay you what they consider to be the "fair market value." Kelley Blue Book (www.kbb.com) and NADA (www.nada.com) are two sites that provide free valuation estimates on used cars.

If you owe more than your car is worth, you are in a difficult position, as the at-fault person is only required to pay you fair market value. Try asking the bank to write off the balance.

If your car is totaled but you want to keep it anyway you may do so and the insurance company will deduct from the fair market value the amount of the car's "salvage value", that is the price they could get for your wrecked car at a wrecking yard.

Insurance companies prefer lower estimates which may overlook details such as proper alignment, headlight adjustment, correct matching of paint colors, etc.

After choosing an auto body shop, you can give the insurance company an estimate. If they can negotiate a lower price with the shop, it's their privilege.

You shouldn't have to compromise quality for economy, nor should you have to be involved in negotiations between the insurance company and body shop.

Do not sign any releases until you are sure the insurance company will cover the cost of all repairs to your satisfaction.

If the cost of repairs to your auto is greater than the value, the insurance company will offer to pay you what they consider to be the "fair market value."

The proper measure of damages for injury to personal property (personal property as distinguished from "real property" which is real estate) such as a car that was not entirely destroyed in the accident is the difference between its value immediately before and immediately after injury. Angerman Co., Inc. v. Edgemon, 290 P. 169 (Utah 1930).


In some instances, proper repair will restore the market value of the property, but the plaintiff can recover, not only the reasonable cost of repairs, but also depreciation in market value, if any, after repair. Metcalf v. Mellen, 192 P. 676 (Utah 1920).

Here is a summary of Utah Jury Instruction CV2008. (Note: a jury instruction is the summary of the law that is given to the jury in a jury trial. The jury applies the law to the facts to decide the case. Many hours of work by lawyers and judges goes into formulating jury instructions so they are considered to be an authoritative summary of the law.)

The damages to be awarded for injury to personal property are the difference in the property’s fair market value immediately before and immediately after the injury, unless it can be repaired for a lesser amount. If the property can be repaired for a lesser amount, then the damages are the reasonable cost of repair.

If you find that the repairs do not restore the personal property to the same value as before the injury, the damages are the difference between its fair market value before the injury and its fair market value after the repairs, plus the reasonable cost of making the repairs. The total amount awarded must not exceed the property's fair market value before the injury occurred.

References: Knickerbocker v. Cannon, 912 P.2d 969 (Utah 1996). Winters v. Charles Anthony, Inc., 586 P.2d 453 (Utah 1978). Ault v. Dubois, 739 P.2d 1117 (Utah App. 1987).

Here is a definition of "fair market value" from Utah Jury Instruction CV2010: Fair market value is the highest price that a willing buyer would have paid to a willing seller, assuming that there was no pressure on either one to buy or sell; and that the buyer and seller were fully informed of the condition and quality of the property.

References: Knickerbocker v. Cannon, 912 P.2d 969, 982 (Utah 1996). Winters v. Charles Anthony, Inc., 586 P.2d 453 (Utah 1978).

If you are not able to use your car after the accident and you are not provided with a rental car you are entitled to an award of money for loss of use of property. Here is a summary of Utah Jury Instruction CV2011 which defines the law on this issue:

To compensate the owner of the property for the loss of use of the property, calculate the amount that you decide will restore the owner to the same position the owner was in prior to the damage. You may consider the following factors:

(1) the rental value of the property; (2) the lost income, meaning the income the owner would likely have earned through using the property; and (3) what the owner reasonably spent to decrease the damage. References Castillo v. Atlanta Casualty Co., 939 P.2d 1204, 1209 (Utah App. 1997).

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