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State law · CT
Yes, against the at-fault driver. Connecticut's Supreme Court confirmed in January 2026 that an owner can recover diminution in value even after the vehicle is repaired. A claim against your own insurer usually is not covered, because standard policies pay repair cost or actual cash value and many exclude diminished value. Negligence suits generally must be filed within two years.
Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Depends on your policy
Time limit to sue for property damage
2 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Connecticut law
Third-party claim
Allowed by case law
The measure of vehicle damage is the difference in market value before and after the accident (Littlejohn v. Elionsky, 1944). In Orlando v. Liburd (2026) the Supreme Court said case law 'clearly establishes' a right to recover loss of use and diminution in value even if the car has been repaired. The owner must prove the loss. Recovery is barred if the owner's negligence exceeds the defendants' combined negligence and is reduced otherwise.
Authority: Orlando v. Liburd, 353 Conn. 845, 348 A.3d 430 (2026); Littlejohn v. Elionsky, 130 Conn. 541, 36 A.2d 52 (1944); Conn. Gen. Stat. § 52-572h(b)
First-party claim
Depends on your policy
No Connecticut appellate decision on first-party diminished value was found. A 2007 legislative research report says such claims are typically not covered because policies pay repair cost or actual cash value, and that Connecticut has approved policy language expressly excluding diminution of value. Check your policy wording.
Authority: Conn. Office of Legislative Research, Report 2007-R-0011
Case law
Supreme Court of Connecticut · 2026
353 Conn. 845, 348 A.3d 430 (2026)
Reversing dismissal of an owner's claim against his own insurer that had taken the at-fault driver's policy limits in subrogation, the Court stated that Connecticut case law clearly establishes a plaintiff's right to recover loss of use and diminution in value even if the vehicle has been repaired.
Supreme Court of Connecticut · 1944
130 Conn. 541, 36 A.2d 52 (1944)
In a car-collision negligence case the measure of damages is the difference in the property's value before and after the loss, with interest; repair cost is usually proper proof, but a car may be repaired to a sound state and still be worth much less than before.
Conn. Gen. Stat. § 52-584: Limitation of action for injury to person or property caused by negligence
Negligence actions for injury to real or personal property must be brought within two years from when the injury is sustained or discovered, and no more than three years from the act or omission.
Conn. Gen. Stat. § 52-572h(b): Comparative negligence
Contributory negligence does not bar recovery for property damage if it is not greater than the combined negligence of those sued; damages are reduced by the claimant's share.
Conn. Gen. Stat. § 14-112(a); § 38a-335(a): Minimum liability coverage
Auto liability policies must carry at least $25,000 per person, $50,000 per accident for bodily injury and $25,000 for property damage.
Conn. Gen. Stat. § 38a-336: Uninsured and underinsured motorist coverage
Every auto liability policy must include uninsured/underinsured motorist coverage for bodily injury; the statute does not require coverage for property damage.
Conn. Office of Legislative Research, Report 2007-R-0011: Insurance claim for car's diminished resale value (not law)
Non-binding legislative research report: first-party DV claims typically not covered in Connecticut and exclusions approved; third-party DV recoverable from the negligent driver under Littlejohn.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in CT
We serve Connecticut 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.
Other states
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.
