Utah § 6a-409 - Prohibition of flat response fee for motor vehicle accident.
Full text of Utah Utah Code § 6a-409 — Prohibition of flat response fee for motor vehicle accident., with citation guidance and answers to common questions.
§ 6a-409. Prohibition of flat response fee for motor vehicle accident.
Effective 5/5/2021 41-6a-409.
Prohibition of flat response fee for motor vehicle accident.
(1)
As used in this section, "government entity" means the Department of Transportation, the Utah Highway Patrol Division, or a local government entity or agency.
(2)
A government entity:
(a)
may not impose a flat fee, or collect a flat fee, from an individual involved in a motor vehicle accident; and
(b)
may only charge the individual for the actual cost or a reasonable estimate of the cost of services provided in responding to the motor vehicle accident, limited to:
(i)
medical costs for transporting an individual from the scene of a motor vehicle accident or treating a person injured in a motor vehicle accident;
(ii)
subject to Subsection (6), the cost for repair or replacement of damaged public property, if the individual is legally liable for the damage;
(iii)
the cost of materials used in cleaning up the motor vehicle accident, if the individual is legally liable for the motor vehicle accident; and
(iv)
towing costs.
(3)
If a government entity imposes a charge on more than one individual for the actual cost or a reasonable estimate of the cost of responding to a motor vehicle accident, the government entity shall apportion the charges so that the government entity does not receive more for responding to the motor vehicle accident than the actual response cost or a reasonable estimate of the cost.
(4)
Nothing in this section prohibits a government entity from contracting with an independent contractor to recover costs related to damage to public property.
(5)
If a government entity enters into a contract with an independent contractor to recover costs related to damage to public property, the government entity may only pay the independent contractor out of any recovery received from the person who caused the damage or the responsible party.
(6)
(a)
The costs of repair or replacement of damaged public property described in Subsection (2)(b)(ii) include the full cost to:
(i)
repair the damaged public property; or
(ii)
replace the damaged public property with a replacement that is functionally equivalent to the property that was damaged.
(b)
Except for the replacement of a damaged motor vehicle, the costs described in Subsection (6)(a) may not be reduced based on the depreciated value of the damaged public property at the time the damage occurs.
Section 6a-409 ("Prohibition of flat response fee for motor vehicle accident.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 6a-409?
A common citation format is "Utah Code § 6a-409" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 6a-409 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
