File diminished value claims as soon as possible
The time you have to file a diminished value claim ranges from 30 days in North Carolina
to a decade in Rhode Island
.7 Regardless of state law, it’s best to file a claim with the at-fault driver’s insurance company as soon as possible. You can avoid further loss of value due to depreciation and make use of the evidence you collected after the car accident
. Call your auto insurance provider to inquire about filing a car insurance claim
and ask what you need to submit. After the claims adjuster considers your case, they’ll inform you if your claim was approved and how much the insurance company is willing to offer you. Diminished value claim limitation periods by state
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| Alabama , Alaska, Arizona , Colorado , Connecticut , Delaware , Hawaii, Kansas , Kentucky , Indiana , Montana , Ohio , Oklahoma , Pennsylvania , Texas , and West Virginia |
| Arkansas , California , District of Columbia, Idaho , Maryland , Massachusetts , Michigan , Mississippi , New Hampshire , New York , Nevada , North Carolina , South Carolina , Tennessee , Utah , Vermont , and Washington |
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Make a counteroffer after research
If you don’t approve of the settlement offer extended by your auto insurance company, you can make a counteroffer, but only after doing some research.
As with a totaled car insurance payout
, you should thoroughly research your car’s market values and document any high-value accessories or repair work before arguing for an increase. It might be worth it to hire a certified vehicle appraiser just to get a professional opinion and certificate. When you shouldn’t file a diminished value claim
These six factors can prevent you from filing a diminished value claim or getting a worthwhile payout:
You don’t own the car: It’s unlikely your diminished value claim will be approved if you don’t own the vehicle, but every case and state is different.
Your car has over 100,000 miles on it: Insurers multiply the value of a vehicle with 100,000 miles and up by zero during their calculations, which reduces the potential payout to nothing.9 Your car is low-value: Given that diminished value calculations rest on the vehicle’s original MSRP, you’re unlikely to get much compensation for a car that wasn’t very expensive when it was new.
Your car is salvage or rebuilt: The Kelley Blue Book rule of thumb is to deduct 20-40% of a car’s value if it has a salvage or rebuilt title, which drastically limits the amount you can claim.10 Your state won’t allow it: States differ in whether or not they allow (and how they limit) diminished value claims. For example, they’re barred in Michigan
and Texas
. You’re the at-fault party: Most state negligence laws prevent at-fault drivers from claiming all or part of the damages they caused, including diminution of value.
What’s the formula for a diminished value claim?
To estimate diminished value claim payout yourself, use the industry-standard 17C Diminished Value Formula.
First, take the vehicle’s pre-accident market value from the NADA, Kelley Blue Book, Autotrader, or other common evaluation site, then divide the market value of the vehicle by 10.
Once you have that number, multiply the result by a structural damage multiplier: 0 for zero damage, 0.25 for minor damage, 0.50 for moderate damage, 0.75 for major damage, and 1.00 for severe damage.
From there, multiply the result by a mileage multiplier: 0 for 100,000 miles or more, 0.20 for 80,000 - 99,999 miles, 0.40 for 60,000 - 79,999 miles, 0.60 for 40,000 - 59,999 miles, 0.80 for 20,000 - 39,999 miles, and 1.00 for 19,999 miles or less.
For example, the KBB values a 2017 Toyota RAV4 SE AWD
in good condition with 88,536 miles at $16,50011. After suffering major structural damage, the most you could claim for diminished value would be about $250. 4.717k Ratings 5M+Drivers Joined
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FAQ
Are insurance companies required to pay diminished value?
Whether or not an auto insurance company is obliged to pay a diminished value claim depends on state law.
How long do I have to file a diminished value claim?
The statute of limitations on diminished value claims ranges from 30 days in North Carolina
to four years in Florida
. How long does it take to settle a diminished value claim?
The time it takes to settle a diminution of value claim depends on your insurance provider’s claims process, but it’ll ideally take 30 days.
What’s immediate diminished value?
“Immediate diminished value” refers to the difference between the market value of your vehicle before a car accident, and the diminished value of your vehicle immediately after the accident (and before any repairs). The main use of immediate diminished value is in court.