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State law · AR

Arkansas diminished value claims

Arkansas courts measure damage to a car as the difference in market value immediately before and after the collision, which supports a claim for lost value against the at-fault driver. Whether your own policy pays diminished value is undecided: a class action on that question was certified in 2006, but no appellate ruling on coverage was found. Property damage suits must be filed within three years.

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  • Claim against the at-fault driver

    Allowed by case law

  • Claim against your own insurer

    Unsettled

  • Time limit to sue for property damage

    3 years

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

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Arkansas law

What Arkansas law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Allowed by case law

The Arkansas Supreme Court has stated that the general measure of damages for injury to an automobile is the difference in market value immediately before and after the collision; repair cost can serve as evidence of that difference when better proof is missing. A repaired car's remaining loss in value fits that rule, but it must be proven, typically by appraisal testimony.

Authority: Beggs v. Stalnaker, 237 Ark. 281, 372 S.W.2d 600 (1963)

First-party claim

Against your own insurer

Unsettled

In Farmers Insurance Co. v. Snowden (2006), the Arkansas Supreme Court upheld certification of a class of policyholders claiming their Farmers policy required payment of diminished value, but it did not decide whether the policy covers it. No later appellate ruling on the merits was found. Policy wording will control.

Authority: Farmers Insurance Co. v. Snowden, 366 Ark. 138, 233 S.W.3d 664 (2006)

Case law

Key Arkansas court decisions

Beggs v. Stalnaker

Supreme Court of Arkansas · 1963

237 Ark. 281, 372 S.W.2d 600 (1963)

The general rule is that the measure of damages for injury to an automobile is the difference in its market value immediately before and after the collision; without better proof, repair cost may establish that difference. Used-car dealers' value testimony was proper evidence.

Status: treatment unclear: Older case; no citator was run. It does not specifically address a car that has been fully repaired.

Read the decision

Farmers Insurance Co. v. Snowden

Supreme Court of Arkansas · 2006

366 Ark. 138, 233 S.W.3d 664 (2006)

Affirmed class certification for Farmers policyholders who were paid for repairs but not for diminished value. The common question was whether the Arkansas policy obligates Farmers to pay diminished value; the court did not answer it.

Read the decision

Statutes and rules

  • Ark. Code Ann. § 16-56-105(6): Three-year limitation

    Actions for taking or injuring any goods or chattels must be commenced within three years after the cause of action accrues.

  • Ark. Code Ann. § 16-56-111(a): Five-year limitation on written obligations

    Actions to enforce written obligations must be commenced within five years; this may apply to a claim under a written insurance policy, subject to its terms.

  • Ark. Code Ann. § 27-19-605: Minimum liability limits

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

Deadlines and minimum coverage

Time limit for a property-damage lawsuit
3 years (Ark. Code Ann. § 16-56-105(6)). Property damage (tort). A claim on a written insurance policy may have 5 years (§ 16-56-111), unless the policy sets a shorter valid period.
Minimum liability insurance
$25,000 per person / $50,000 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 Arkansas Insurance Department.
“With Autoloss’s help negotiating my car auto claim, I was able to get an additional $3,000 for my Total Loss claim. Melissa Huang – Little Rock, Arkansas”

Individual results vary based on the vehicle, evidence, insurer, state, coverage, and circumstances of each claim. Past results do not guarantee a similar outcome.

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Autoloss in AR

Appraisals for Arkansas vehicles

We serve Arkansas 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 Arkansas 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 Arkansas 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.