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State law · DE
Against the at-fault driver, Delaware measures vehicle damage by the drop in value before and after the accident, so lost value can be claimed with proof. Against your own insurer, the Delaware Supreme Court held in O'Brien (2001) that standard repair-or-replace policies do not cover diminished value. Suits for damage to personal property must be filed within two years.
Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Not allowed
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
Delaware law
Third-party claim
Allowed by case law
The Delaware Supreme Court has approved the rule that damages to a vehicle are its value immediately before the accident minus its value immediately after, with repair cost as evidence (Alber v. Wise, 1960). No Delaware appellate case specifically on post-repair 'stigma' value was found. Recovery is barred if the owner's negligence is greater than the defendants' and reduced otherwise.
Authority: Alber v. Wise, 166 A.2d 141, 53 Del. 126 (Del. 1960); 10 Del. C. § 8132
First-party claim
Not allowed
O'Brien v. Progressive held that 'repair or replace' limit-of-liability language is unambiguous and does not require the insurer to pay for diminution in value after repair. An earlier trial-court ruling to the contrary (Delledonne, 1992) was rejected. A policy that expressly covers diminished value would be different.
Authority: O'Brien v. Progressive Northern Insurance Co., 785 A.2d 281 (Del. 2001); Delledonne v. State Farm Mutual Automobile Insurance Co., 621 A.2d 350 (Del. Super. 1992)
Case law
Supreme Court of Delaware · 2001
785 A.2d 281 (Del. 2001)
Standard auto policy language does not expressly cover diminished value, and 'repair or replace' language limiting the insurer's liability is clear, so insurers need not pay post-repair diminution in value.
Delaware Superior Court · 1992
621 A.2d 350 (Del. Super. 1992)
Held that a policy promising repair or replacement with like kind and quality required payment for diminution in value.
Status: superseded; see note: O'Brien (2001) said Delledonne's reading was not supported by the policy language and incorrectly stated Delaware law.
Supreme Court of Delaware · 1960
166 A.2d 141, 53 Del. 126 (Del. 1960)
Approved the jury charge that the measure of damages for a damaged vehicle is its value immediately before the accident minus its value immediately after; repair cost is evidence bearing on that diminution.
Delaware Superior Court · 2014
C.A. No. 13C-07-038 JTV (Del. Super. June 24, 2014)
Reversed a Delaware Insurance Department arbitration award of $7,979.31 for diminished value because the panel lacked jurisdiction over a claim under an out-of-state policy; expressly did not rule on the validity of the DV claim.
10 Del. C. § 8107: Actions subject to 2-year limitation
No action to recover damages for wrongful death or for injury to personal property may be brought more than 2 years after the cause of action accrues.
10 Del. C. § 8132: Comparative negligence
A plaintiff's negligence does not bar recovery for injury to property if it is not greater than the defendants' combined negligence; damages are reduced in proportion.
18 Del. C. § 3902(a): Uninsured vehicle coverage
Auto liability policies must include uninsured/hit-and-run coverage for bodily injury and personal property damage unless rejected in writing; property damage is subject to a $250 deductible and includes loss of use. Whether it pays diminished value is not addressed.
21 Del. C. § 2902(b); § 2118(a): Motor vehicle liability policy minimums
Liability limits of at least $25,000 per person and $50,000 per accident for bodily injury and $10,000 for property damage; § 2118 requires that coverage plus PIP for registered vehicles.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in DE
We serve Delaware 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.
