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2018 Utah Code
Title 41 - Motor Vehicles
Chapter 6a - Traffic Code
Part 4 - Accident Responsibilities
Section 409 - Prohibition of flat response fee for motor vehicle accident.
Universal Citation: UT Code § 41-6a-409 (2018)
Effective 5/9/2017
41-6a-409. Prohibition of flat response fee for motor vehicle accident.
Amended by Chapter 142, 2017 General Session
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) the cost for repair to 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.
Amended by Chapter 142, 2017 General Session
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