State law

Diminished value laws by state

In most states, the owner of a damaged vehicle can seek diminished value from the at-fault driver’s insurer as part of a property-damage claim. States differ on claims against your own insurer, on the court decisions that apply, and on deadlines. Eligibility depends on state law, coverage, fault, vehicle history and the facts of each claim.

Start Your Free Claim Review (877) 655-1661

Every report reviewed byOwner, Monica FisherLicensed Auto Appraiser · Court Expert Witness

Diminished value by state

State	At-fault driver’s insurer	Your own insurer	Deadline to sue
AlabamaReviewed	Allowed by case law	Usually excluded by policy	—
AlaskaReviewed	Allowed by case law	Unsettled	2 years
ArizonaReviewed	Allowed by case law	Depends on your policy	2 years
ArkansasReviewed	Allowed by case law	Unsettled	3 years
CaliforniaReviewed	Allowed by case law	Usually excluded by policy	3 years
ColoradoReviewed	Allowed by case law	Depends on your policy	3 years
ConnecticutReviewed	Allowed by case law	Depends on your policy	2 years
DelawareReviewed	Allowed by case law	Not allowed	2 years
District of ColumbiaReviewed	Allowed by case law	Unsettled	3 years
FloridaReviewed	Allowed by case law	Not allowed	2 years
GeorgiaReviewed	Allowed by case law	Allowed by case law	4 years
HawaiiReviewed	Unsettled	Unsettled	2 years
IdahoReviewed	Allowed by case law	Unsettled	3 years
IllinoisReviewed	Allowed by case law	Usually excluded by policy	5 years
IndianaReviewed	Allowed by case law	Usually excluded by policy	2 years
IowaReviewed	Allowed by case law	Unsettled	5 years
KansasReviewed	Allowed by case law	Depends on your policy	2 years
KentuckyReviewed	Allowed by case law	Usually excluded by policy	2 years
LouisianaReviewed	Allowed by case law	Usually excluded by policy	2 years
MaineReviewed	Allowed by case law	Usually excluded by policy	6 years
MarylandReviewed	Allowed by case law	Depends on your policy	3 years
MassachusettsReviewed	Limited	Usually excluded by policy	3 years
MichiganReviewed	Limited	Unsettled	3 years
MinnesotaReviewed	Allowed by case law	Unsettled	6 years
MississippiReviewed	Allowed by case law	Depends on your policy	3 years
MissouriReviewed	Allowed by case law	Depends on your policy	5 years
MontanaReviewed	Unsettled	Unsettled	2 years
NebraskaReviewed	Limited	Unsettled	4 years
NevadaReviewed	Unsettled	Depends on your policy	3 years
New HampshireReviewed	Allowed by case law	Unsettled	3 years
New JerseyReviewed	Allowed by case law	Unsettled	6 years
New MexicoReviewed	Allowed by case law	Usually excluded by policy	4 years
New YorkReviewed	Limited	Unsettled	3 years
North CarolinaReviewed	Allowed by case law	Unsettled	3 years
North DakotaReviewed	Limited	Unsettled	6 years
OhioReviewed	Allowed by case law	Unsettled	2 years
OklahomaReviewed	Allowed by case law	Unsettled	2 years
OregonReviewed	Allowed by case law	Depends on your policy	6 years
PennsylvaniaReviewed	Allowed by case law	Unsettled	2 years
Rhode IslandReviewed	Unsettled	Unsettled	10 years
South CarolinaReviewed	Allowed by case law	Usually excluded by policy	3 years
South DakotaReviewed	Generally allowed	Usually excluded by policy	6 years
TennesseeReviewed	Limited	Depends on your policy	3 years
TexasReviewed	Allowed by case law	Usually excluded by policy	2 years
UtahReviewed	Allowed by case law	Unsettled	3 years
VermontReviewed	Allowed by case law	Depends on your policy	3 years
VirginiaReviewed	Allowed by case law	Depends on your policy	5 years
WashingtonReviewed	Allowed by case law	Depends on your policy	3 years
West VirginiaReviewed	Allowed by case law	Unsettled	2 years
WisconsinReviewed	Allowed by case law	Depends on your policy	3 years
WyomingReviewed	Unsettled	Unsettled	4 years

Summaries only; each state page explains the rule, the exceptions and the sources.

State law changes and depends on the facts of each claim. For legal advice about your situation, consult a licensed attorney in your state. Also see states with unique rules and statutes of limitations.

Not sure whether an appraisal will help?

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.

Start Your Free Claim Review (877) 655-1661