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State law · FL
Florida courts allow a vehicle owner to recover lost value from the at-fault driver when repairs do not fully restore the car, but the owner must prove it. Claims against your own insurer are usually not payable: the Florida Supreme Court held in Siegle (2002) that a standard repair-or-replace policy does not cover 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
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
Florida law
Third-party claim
Allowed by case law
Florida's Third District held that when repairs do not put the vehicle in as good a condition as before, the usual measure is repair costs plus diminution in value, with the owner bearing the burden of proving the loss in value. A claimant found more than 50% at fault recovers nothing; lesser fault reduces the award.
Authority: McHale v. Farm Bureau Mutual Insurance Co., 409 So. 2d 238 (Fla. 3d DCA 1982); Fla. Stat. § 768.81(6)
First-party claim
Not allowed
In Siegle v. Progressive, the Florida Supreme Court held that a policy letting the insurer repair or replace the vehicle with like kind and quality does not require it to also pay inherent diminished value after an adequate repair. A policy that expressly covers diminished value would be different, but standard policies do not. Florida uninsured-motorist coverage covers bodily injury only, not vehicle damage.
Authority: Siegle v. Progressive Consumers Insurance Co., 819 So. 2d 732 (Fla. 2002); Fla. Stat. § 627.727(1)
Case law
Supreme Court of Florida · 2002
819 So. 2d 732 (Fla. 2002)
Answered the certified question in the negative: an auto policy giving the insurer the option to repair or replace with like kind and quality does not obligate it to pay for inherent diminished value after a full and adequate repair.
Florida Third District Court of Appeal · 1982
409 So. 2d 238 (Fla. 3d DCA 1982)
Repair cost is competent proof of vehicle damage without before-and-after market values; where repairs do not restore the property to its prior condition, repair cost plus diminution in value is ordinarily the proper measure, with the plaintiff bearing the burden of proving the diminution.
Status: treatment unclear: Intermediate appellate decision; no Florida Supreme Court case on third-party inherent DV was found. Whether 'stigma' loss after a perfect repair qualifies is not squarely decided in the sources reviewed.
Fla. Stat. § 95.11(5)(a); § 95.11(3)(g); § 95.11(2)(b): Limitations of actions
Actions founded on negligence: 2 years. Actions for taking, detaining or injuring personal property: 4 years. Actions on a written contract (such as an insurance policy): 5 years.
Fla. Stat. § 768.81(6): Comparative fault; greater percentage of fault
In a negligence action, a party found more than 50 percent at fault for their own harm may not recover any damages.
Fla. Stat. § 627.727(1): Uninsured motorist coverage
UM coverage protects insureds legally entitled to recover from uninsured drivers for bodily injury, sickness, disease or death; it does not cover property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in FL
We serve Florida 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.
