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State law · UT

Utah diminished value claims

Utah's Supreme Court has long allowed a car owner suing the at-fault driver to prove the drop in market value, including value still lost after reasonable repairs (Metcalf v. Mellen, 1920). That case is old and no modern Utah appellate ruling on diminished value was found. Whether your own insurer must pay diminished value is unsettled in Utah.

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  • Claim against the at-fault driver

    Allowed by case law

  • Claim against your own insurer

    Unsettled

  • Time limit to sue for property damage

    3 years

Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice

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Utah law

What Utah law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Allowed by case law

In Metcalf v. Mellen the Utah Supreme Court approved a jury instruction letting jurors consider both reasonable repair cost and any depreciation in market value after reasonable repairs, noting repairs may not restore a car's value. No later Utah appellate decision overruling or applying it to modern DV claims was found.

Authority: Metcalf v. Mellen, 57 Utah 44, 192 P. 676 (1920)

First-party claim

Against your own insurer

Unsettled

No Utah appellate decision, statute, or Insurance Department bulletin was found on whether collision or comprehensive coverage must pay diminished value. The answer likely turns on the policy wording.

Case law

Key Utah court decisions

Metcalf v. Mellen

Utah Supreme Court · 1920

57 Utah 44, 192 P. 676 (1920)

Approved an instruction that, in fixing the before/after market-value difference, the jury may consider reasonable repair cost and any depreciation in market value remaining after reasonable repairs.

Status: treatment unclear: Very old; no negative history found, but citators were not checked.

Read the decision

Statutes and rules

  • Utah Code § 78B-2-305(1)(a)(ii): Three-year limitation

    An action for taking, detaining, or injuring personal property must be brought within three years.

  • Utah Code § 78B-2-309(1)(b): Six-year limitation on written contracts

    Actions on a contract founded on a written instrument may be brought within six years; policies may contain their own limits.

  • Utah Code § 31A-22-304(2): Motor vehicle liability minimum limits

    Policies issued or renewed on or after Jan. 1, 2025 must carry at least $30,000/$65,000 bodily injury and $25,000 property damage (or $90,000 single limit).

  • Utah Code § 78B-5-818: Comparative negligence

    A claimant's own fault does not alone bar recovery; they may recover from defendants whose combined fault exceeds theirs, reduced by their share.

Deadlines and minimum coverage

Time limit for a property-damage lawsuit
3 years (Utah Code § 78B-2-305(1)(a)(ii)). Property damage (tort). Contract claims against your own insurer: six years on a written contract (§ 78B-2-309) unless the policy validly sets a shorter period.
Minimum liability insurance
$30,000 per person / $65,000 per accident bodily injury; $25,000 property damage. Policies issued or renewed on or after 2025-01-01. The at-fault driver’s property-damage limit can cap what their insurer pays.
If your claim stalls
You can file a complaint with the Utah Insurance Department.
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Autoloss in UT

Appraisals for Utah vehicles

We serve Utah from your repair order, photos and records, the same way we serve every state. A typical diminished-value appraisal is $250–$350, typically 24–48 hours after all required information is received.

  1. 1

    Free claim review

    Tell us about the vehicle and the Utah claim.
  2. 2

    Send photos and repair records

    Final invoice, photos, and the insurer’s claim details.
  3. 3

    Receive your appraisal

    Reviewed by Monica Fisher, with a custom demand letter.
What the report includes

Utah diminished value questions

Can I claim diminished value from the at-fault driver’s insurer in Utah?

Allowed by case law. In Metcalf v. Mellen the Utah Supreme Court approved a jury instruction letting jurors consider both reasonable repair cost and any depreciation in market value after reasonable repairs, noting repairs may not restore a car's value. No later Utah appellate decision overruling or applying it to modern DV claims was found.

Will my own insurance company pay diminished value in Utah?

Unsettled. No Utah appellate decision, statute, or Insurance Department bulletin was found on whether collision or comprehensive coverage must pay diminished value. The answer likely turns on the policy wording.

How long do I have to make a diminished value claim in Utah?

Utah generally allows 3 years to sue for vehicle property damage (Utah Code § 78B-2-305(1)(a)(ii)). Talking with the insurer does not pause the deadline, so check it early.

What can I do if the insurer won’t respond or won’t pay?

Put your dispute in writing and support it with evidence, such as an independent appraisal. If the insurer still does not respond, you can file a complaint with the Utah Insurance Department. Insurers, arbitrators and courts make their own decisions. An appraisal is evidence supporting your claim, not a promise of payment.

How much does a diminished value appraisal cost in Utah?

A typical diminished-value appraisal is $250–$350, typically 24–48 hours after all required information is received. The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report.

Does Autoloss need to inspect my vehicle in Utah?

Not normally. Our appraisers prepare the report from your repair order, photographs and records, the same way we serve every state.

Have an Utah diminished value claim?

The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.

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