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State law · IL
In Illinois, you can seek diminished value from an at-fault driver. Illinois courts allow the loss in market value after repair on top of repair costs, when the car is worth less even after it is fixed. Claims against your own insurer are harder. An Illinois appellate court held that a standard Allstate policy did not cover diminished value. The property-damage lawsuit deadline is five years.
Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Usually excluded by policy
Time limit to sue for property damage
5 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Illinois law
Third-party claim
Allowed by case law
Illinois appellate courts have held that if repaired property is worth less than before the damage, the owner can recover the difference in market value plus the reasonable cost of repairs (Trailmobile v. Higgs). The civil pattern jury instruction (IPI 30.10) sets the award as the lesser of two figures. The first is repair cost plus the loss in value after repair. The second is the unrepaired before-and-after value difference. The owner must prove the loss with market evidence.
Authority: Trailmobile Division of Pullman, Inc. v. Higgs, 12 Ill. App. 3d 323, 297 N.E.2d 598 (1973); Illinois Pattern Jury Instructions (Civil) 30.10; Martin v. State Farm Mutual Automobile Insurance Co., 348 Ill. App. 3d 846, 808 N.E.2d 47 (1st Dist. 2004)
First-party claim
Usually excluded by policy
In Sims v. Allstate, the Fifth District Appellate Court held that Allstate's collision and comprehensive coverage did not include diminished value. The court read 'repair or replace ... with other of like kind and quality' as not covering an intangible loss in value. That was one policy form in one appellate district. The Illinois Supreme Court has not ruled on it, so other policy wording could be read differently.
Authority: Sims v. Allstate Insurance Co., 365 Ill. App. 3d 997, 851 N.E.2d 701 (5th Dist. 2006)
Case law
Illinois Appellate Court · 1973
12 Ill. App. 3d 323, 297 N.E.2d 598 (1973)
For repairable damage to personal property the measure is ordinarily repair cost plus loss of use; if the property is worth less after repair than before the injury, the measure is the before-and-after market value difference in its repaired condition in addition to the reasonable cost of repairs.
Illinois Appellate Court, Fifth District · 2006
365 Ill. App. 3d 997, 851 N.E.2d 701 (5th Dist. 2006)
Allstate's auto policy, which limits payment to the cost to repair or replace with property of like kind and quality, unambiguously does not obligate the insurer to pay for a repaired vehicle's diminished value; judgment for Allstate affirmed in a class action.
Illinois Appellate Court, First District · 2004
348 Ill. App. 3d 846, 808 N.E.2d 47 (1st Dist. 2004)
The at-fault driver's liability insurer had no duty to tell the third-party claimant about a possible diminished-value claim, even though the same company also insured the claimant; dismissal of fraud, contract and fiduciary-duty counts affirmed.
735 ILCS 5/13-205: Five year limitation
Actions to recover damages for an injury done to property, real or personal, must be commenced within 5 years after the cause of action accrued.
Illinois Pattern Jury Instructions (Civil) 30.10: Measure of damages: damage to personal property (repairs and depreciation, or before-and-after value)
Jury awards the lesser of (1) reasonable repair cost plus the difference between fair market value before the occurrence and after repair, or (2) the before-and-after difference for the unrepaired property. This is a jury instruction, not a statute.
625 ILCS 5/7-203: Minimum liability coverage (as stated by the Illinois Department of Insurance)
$25,000 per person and $50,000 per accident for bodily injury, and $20,000 for property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in IL
We serve Illinois 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.
