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State law · AK

Alaska diminished value claims

Alaska's standard jury instruction on damaged personal property lets a jury award repair cost plus any loss in market value that remains after repair, so an owner may seek lost value from the at-fault driver. No Alaska appellate decision applying this to a repaired passenger car was found, and nothing was found on claims against your own insurer. Property damage suits generally must be filed within two years.

  • Claim against the at-fault driver

    Allowed by case law

  • Claim against your own insurer

    Unsettled

  • Time limit to sue for property damage

    2 years

  • Insurance regulator

    Alaska Division of Insurance

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

Last reviewed

Alaska law

What Alaska law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Allowed by case law

Alaska Civil Pattern Jury Instruction 20.15 offers, as one measure, repair cost plus the difference between fair market value before the accident and after repairs. Its comment cites Alaska Supreme Court cases saying the owner recovers lost value, or repair cost plus residual loss in value, whichever is less. These cases involved equipment, not cars; no car-specific Alaska ruling was found.

Authority: ERA Helicopters, Inc. v. Digicon Alaska, Inc., 518 P.2d 1057 (Alaska 1974); Alaska Civil Pattern Jury Instruction 20.15

First-party claim

Against your own insurer

Unsettled

No Alaska statute, regulation or appellate decision on whether an auto policy's collision coverage must pay diminished value was found. The answer likely depends on the policy wording; many policies elsewhere exclude it expressly.

Case law

Key Alaska court decisions

ERA Helicopters, Inc. v. Digicon Alaska, Inc.

Supreme Court of Alaska · 1974

518 P.2d 1057 (Alaska 1974)

Approved an instruction letting the jury award the lesser of (a) repair cost plus the drop in market value remaining after repair, or (b) the before-and-after value difference of the unrepaired property. The court stressed that tort damages aim to restore the injured party's position.

Read the decision

Statutes and rules

  • Alaska Civil Pattern Jury Instruction 20.15: Damage to Personal Property

    Pattern instruction (not a statute). Paragraph C: reasonable repair cost plus the difference between fair market value immediately before the accident and after repairs. The comment cites City of Seward v. Afognak Logging, 31 P.3d 780 (Alaska 2001) and ERA Helicopters.

  • AS 09.10.070(a)(3): Two-year limit for injuring personal property

    An action for taking, detaining, or injuring personal property must be commenced within two years of accrual.

  • AS 09.10.053: Three-year limit for contract actions

    Contract actions must generally be brought within three years, which may matter for a claim against your own insurer; policies may also contain their own suit deadlines.

  • AS 28.22.101(d): Motor vehicle liability policy minimum limits

    Requires at least $50,000 per person and $100,000 per accident for bodily injury and $25,000 for property damage.

Deadlines and minimum coverage

Time limit for a property-damage lawsuit
2 years (AS 09.10.070(a)(3)). Property damage (tort). Contract claims against your own insurer are generally 3 years (AS 09.10.053), subject to policy terms.
Minimum liability insurance
$50,000 per person / $100,000 per accident bodily injury; $25,000 property damage. 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 Alaska Division of Insurance.
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Autoloss in AK

Appraisals for Alaska vehicles

We serve Alaska 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 Alaska 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

Have a Alaska 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.