R907. Transportation, Administration.R907-63. Loss Recovery Procedure for Damaged Property.
R907-63-1. Authority and Purpose.
This rule establishes a procedure for loss recovery for damages to structures, appurtenances, and the roadway as provided in Sections 41-6a-409 and 72-7-301.
R907-63-2. Procedure to Collect for Damage to Department Property.
(1) Upon notification of damage to department property, the department will repair or replace the damaged property.
(2)(a) After the department repairs or replaces the damaged property described under Subsection (1), the department will invoice the owner of the vehicle or object causing the damage for the total costs of repairing or replacing the damaged property.
(b) If the person directly responsible for causing the damage does not own the vehicle or object causing the damage, the department will invoice both the owner and the person responsible for causing the damage for the total cost of repairing or replacing the damaged property.
(c) The owner and operator are jointly and severally liable under this Subsection (2) for any damage caused to department property by the operation or movement of the vehicle or object.
(3) If a vehicle damages department property, the owner of the vehicle or object causing the damage, or the person directly responsible for causing the damage must reimburse the department for the total cost of repairing the damage.
(4) If the department does not receive the total amount invoiced under Subsection (2) within 120 days of the date of the invoice, the department may pursue reimbursement by one of the following means:
(a) collection of a delinquent account as provided in Title 63A, Chapter 3, Part 3, Accounts Receivable Collection; or
(b) collection through a collection agency.
(5) In cases where the full payment of an invoice will cause undue financial pressure, the owner of the vehicle or person responsible for the damage may arrange to make installment payments on the debt.
R907-63-3. Eligible Recovery Costs.
The department may seek recovery of costs associated with an incident as provided in Sections 41-6a-409 and 72-7-301.
R907-63-4. Additional Procedures for Damaged Structure.
When damage occurs to a bridge structure, the UDOT Structures Division shall:
(1) track the costs for preparing design calculations, design plans, specifications, and engineering estimates, including professional engineering services and construction engineering with associated overhead costs, along with the costs related to publication, preparation, and advertising the bid package; and
(2) award the project to the lowest responsive and responsible bidder; and
(3) submit the final project costs, including eligible department charges, to UDOT Division of Finance for the cost recovery process.
R907-63-5. Department Settlement Policy.
(1) The department's intent is to secure full recovery from the responsible party based on the full actual cost of such repairs to the property damaged, including indirect costs associated with or resulting from an occurrence.
(2) The department may at its discretion elect to accept a settlement based on detailed engineering estimates and any direct or indirect costs associated with or resulting from an occurrence when the department determines that it is in the best interest of the motoring public and taxpayers to delay or forgo repairs to the damaged property.
(3) Settlements shall conform to the requirements of Title 63G, Chapter 10 State Settlement Agreements Act.
(4) The department may submit to the Attorney General any claim for recovery, which is in dispute, requesting legal action be taken to recover the State's losses and settle such claims based on the laws of liability or as directed by the courts.
KEY: bridges, damages, loss recovery, structures, property
Date of Last Change: January 23, 2025
Notice of Continuation: December 2, 2024
Authorizing, and Implemented or Interpreted Law: 72-7-301; 63A-3-301 through 63A-3-310
