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Insurer guide · Rulings mostly on total loss

Diminished value claims with GEICO

The one appellate decision we found that rules on diminished value in a GEICO case comes from Tennessee. In 2007 the Court of Appeals vacated a 24-state class of GEICO policyholders and said Tennessee law allows repair cost or the drop in value, not both. Most other GEICO rulings concern totaled cars. A claim against a GEICO driver rests on your state’s law.

By the Autoloss team · Reviewed by Monica Fisher · Published

Your own GEICO policy, or a GEICO driver

If GEICO is your insurer, a claim for diminished value runs through your policy: collision coverage, or uninsured motorist property damage coverage after a hit-and-run or an uninsured driver. The policy wording and your state’s law decide it. If a GEICO driver hit you, you are a third-party claimant, and your state’s property damage law decides what that driver owes. First-party vs third-party diminished value explains the difference. Court cases name the GEICO company that issued the policy, such as Government Employees Insurance Company, GEICO General, GEICO Casualty or GEICO Indemnity. Autoloss is independent and is not affiliated with or endorsed by GEICO. The name is used only to identify the insurer.

Tennessee: GEICO v. Bloodworth (2007)

Two GEICO policyholders brought a class action for diminished value. The class covered GEICO insureds in twenty-four states who had been paid under their uninsured motorist coverage, or who had that coverage and were hit by a hit-and-run driver but were paid under collision coverage, and who were not compensated for diminished value. One named plaintiff’s claim was a hit-and-run claim. The trial court certified the class.

The Tennessee Court of Appeals vacated the certification. It held that the trial court had to conduct a “rigorous analysis” of the class requirements, including which states’ laws applied. On Tennessee law it said: “the measure of damages is either repair costs or the difference in market value immediately before the accident and that immediately after the accident. It is not both.” It added that “decrease in value measured after the repair is not a recognized element of allowable damages in Tennessee,” and contrasted that with Georgia. The court said its ruling did not prevent a new certification motion. See the Tennessee page.

Maryland and Texas: two procedural rulings

  • Maryland: Bryant v. GEICO Casualty (D. Md. 2023). Two policyholders who said they had been hit by hit-and-run drivers brought a proposed class action for diminished value under their uninsured motorist coverage. The opinion quotes the policy wording they challenged: “The limit of liability will not include diminished value of your insured auto.” The federal court sent the case back to Maryland state court and did not rule on the merits. Separately, in Bulletin 24-8 (April 2024) the Maryland Insurance Administration said its enforcement position is that the uninsured motorist coverage Maryland requires must cover diminution of value. The bulletin addresses all motor vehicle insurers, not GEICO in particular.
  • Texas: In re GEICO County Mutual (Tex. App. 2022). A rental car company sued the renter’s insurer, GEICO, directly after GEICO paid only part of its claim. The Dallas Court of Appeals, in a memorandum opinion, applied the Texas rule that “an injured party cannot sue the tortfeasor’s insurer directly until the tortfeasor’s liability has been finally determined by agreement or judgment,” and ordered the suit against GEICO dismissed. It did not decide whether diminished value was owed. For a third-party claimant in Texas, the claim in court is against the at-fault driver.

Total-loss rulings involving GEICO companies

These cases are about totaled cars, not diminished value after repair. Several were class actions, and a ruling on a class tells you little about one owner’s claim.

Court and yearCaseWhat the court decided
U.S. Court of Appeals, Fifth Circuit (Texas), 2023Angell v. GEICO AdvantageAffirmed certification of a class of Texas GEICO insureds who say total-loss payments left out sales tax, title and registration fees. It did not decide whether the policies require those amounts.
U.S. Court of Appeals, Third Circuit (New Jersey), 2024Lewis v. GEICOThe named plaintiffs lacked standing to challenge the condition adjustment, because later upward adjustments more than offset it and they “avoided any financial injury.” The court affirmed certification of a class on taxes and fees, a claim arising from GEICO’s practice before 2020 of paying lessees only part of the sales tax and not paying title or plate transfer fees.
U.S. District Court, New Jersey, 2026DiNicola-Ortiz v. GEICO IndemnityStruck the class claims over GEICO’s condition adjustment. Each member would have to prove the car’s own actual cash value and an underpayment. The plaintiff’s individual claim was not struck.
U.S. Court of Appeals, Seventh Circuit (Illinois), 2020Sigler v. GEICO CasualtyAffirmed dismissal. The policy did not promise sales tax or title and tag fees, and the Illinois regulation requires them only if the insured actually incurs and documents them.
U.S. Court of Appeals, Second Circuit (New York), 2022Milligan v. GEICO GeneralSummary order reinstating the policyholder’s contract claim. New York’s Regulation 64 ties a total loss of a current-model-year car to the price of a “new identical vehicle,” which the court read as “a brand-new vehicle of the same make and model.” The policyholder had plausibly alleged that GEICO’s valuation report did not meet that standard.
U.S. District Court, Maryland, 2023Curtis v. GEICO CasualtyDismissed claims that condition adjustments broke Maryland and Illinois rules: the regulations allow “an insurer to adjust for the condition of the loss vehicle.”

The appraisal clause came up too. In a 2025 summary order in the Milligan litigation, the Second Circuit held that GEICO’s appraisal demands were late under the policy’s 60-day window and that the policy did not require appraisal before an insured could sue. How the appraisal clause works explains the process in general, and disputing comparables and condition adjustments covers how to check a valuation report.

Regulator actions on GEICO total-loss claims

  • Oregon, 2024. In a consent order (INS-23-0063), the Division of Financial Regulation found that for 2020 to 2022 the GEICO companies did not give the required Oregon total-loss notice in 901 claims and left out applicable taxes and transfer fees in 5,821 total-loss claims, underpaying $539,031.11. GEICO made restitution with interest. The order set $672,200 in civil penalties, $403,320 of them suspended on conditions.
  • Rhode Island, 2018. In a consent agreement with the Department of Business Regulation, GEICO agreed to pay remediation to total-loss claimants who had received less than the proper transfer and title fees, plus a $20,000 fine.

Both concern one state’s rules. Total loss laws by state covers each state.

Sending a claim to GEICO

When we checked in November 2026, GEICO’s Claims Center offered reporting and tracking a claim online or in the GEICO Mobile app, uploading photos and video, and speaking with a claims representative. If a claim is already open, send the diminished value demand in writing to the adjuster under that claim number, after repairs are finished. How to contact an auto insurer explains how to confirm the contact, and the demand letter guide lists what to include.

Evidence, and what to do if you disagree

For a repaired car, a diminished value appraisal documents the loss in value from the repair order, photos and comparable vehicles. A typical Autoloss report costs $250–$350, and the claim review that comes first is free. For a totaled car, a total loss appraisal checks the insurer’s comparables and adjustments; Autoloss does not handle total-loss claims in Alabama, Connecticut, New Jersey, New York, Rhode Island, South Carolina or Wyoming. An appraisal is evidence, not a promise of payment, and Autoloss does not negotiate with insurers. If you cannot agree, see after your appraisal and how to file an auto insurance complaint. The steps shared by every insurer are in filing a diminished value claim with any insurer. This page is general information, not legal advice.

Sources

  1. Government Employees Ins. Co. v. Bloodworth, No. M2003-02986-COA-R10-CV (Tenn. Ct. App. June 29, 2007)
  2. Bryant v. GEICO Cas. Co., No. 22-3310-PJM (D. Md. Dec. 5, 2023)
  3. Maryland Insurance Administration, Bulletin 24-8 (Apr. 12, 2024)
  4. In re GEICO County Mut. Ins. Co., No. 05-22-01164-CV (Tex. App.—Dallas Dec. 22, 2022) (mem. op.)
  5. Angell v. GEICO Advantage Ins. Co., No. 22-20093 (5th Cir. May 12, 2023)
  6. Lewis v. Government Employees Ins. Co., No. 22-3449 (3d Cir. Apr. 2, 2024)
  7. DiNicola-Ortiz v. GEICO Indem. Co., No. 22-cv-6228 (D.N.J. Aug. 28, 2026)
  8. Sigler v. GEICO Cas. Co., 967 F.3d 658 (7th Cir. 2020)
  9. Milligan v. GEICO Gen. Ins. Co., No. 20-3726 (2d Cir. Feb. 14, 2022) (summary order)
  10. Milligan v. GEICO Gen. Ins. Co., Nos. 22-2950, 23-742 (2d Cir. Mar. 13, 2025) (summary order)
  11. Curtis v. GEICO Cas. Co., No. ELH-22-1857 (D. Md. Mar. 29, 2023)
  12. Oregon DCBS, In re GEICO Casualty Co. et al., Consent Order No. INS-23-0063 (2024)
  13. Rhode Island DBR, Consent Agreement No. 18-IN-002 with GEICO (2018)
  14. GEICO: Claims Center (checked November 2026)

Common questions

Does GEICO pay diminished value?

It depends on your state, on whether you are claiming on your own GEICO policy or against a GEICO driver, and on the policy wording. The one appellate ruling we found, Bloodworth (Tenn. Ct. App. 2007), said Tennessee law allows repair cost or the drop in value, not both.

Can I claim diminished value after a hit-and-run?

Possibly, under your own uninsured motorist property damage coverage, if your policy and state allow it. Bloodworth and Bryant both involved hit-and-run claims against GEICO, and neither decided the merits. Maryland’s insurance regulator said in 2024 that required uninsured motorist coverage there must cover diminution of value.

What did the courts say about GEICO’s condition adjustments?

A Maryland federal court in 2023 held the regulations there allow a condition adjustment. In New Jersey, the Third Circuit in 2024 and a district court in 2026 ruled the challenges could not go forward as class claims. None of these rulings decides whether one owner’s valuation was right.

Is Autoloss affiliated with GEICO?

No. Autoloss is an independent appraisal company and is not affiliated with or endorsed by GEICO. The name is used only to identify the insurer.

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.

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