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State law · KY
In Kentucky, you can seek diminished value from an at-fault driver. Kentucky measures property damage by the drop in market value, and courts have held recovery is not capped at repair cost. Your own collision coverage generally is not required to pay it, because Kentucky's high court held such policies restore physical condition, not value. The lawsuit deadline is two 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
2 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Kentucky law
Third-party claim
Allowed by case law
Kentucky's highest court held in Ecklar-Moore Express v. Hood (1953) that damages to personal property are the difference in reasonable market value immediately before and after the injury. Repair cost is evidence of that difference, and recovery is not limited to repair cost when the value loss is greater. That case supports a diminished-value claim against the at-fault driver. No recent published Kentucky appellate decision on passenger-car diminished value was found.
Authority: Ecklar-Moore Express, Inc. v. Hood, 256 S.W.2d 33 (Ky. 1953)
First-party claim
Usually excluded by policy
In General Accident v. Judd (1966), Kentucky's then-highest court held that a collision policy paying the cost to repair or replace with like kind and quality requires restoring physical condition, not market value. The Court of Appeals followed Judd in Tomes v. Nationwide (1991). Coverage could differ only if a policy's wording promises more.
Authority: General Accident Fire & Life Assurance Corp. v. Judd, 400 S.W.2d 685 (Ky. 1966); Tomes v. Nationwide Insurance Co., 825 S.W.2d 284 (Ky. App. 1991)
Case law
Court of Appeals of Kentucky (then the state's highest court) · 1953
256 S.W.2d 33 (Ky. 1953)
The measure of damages for injury to personal property is the difference in reasonable market value immediately before and after the injury; repair cost is evidence of that difference, and where competent evidence shows the value loss exceeds repair cost, recovery is not limited to repair cost.
Court of Appeals of Kentucky (then the state's highest court) · 1966
400 S.W.2d 685 (Ky. 1966)
Under a collision policy limited to the cost to repair or replace with like kind and quality, 'the insurance contract does not require a restoration of value; it requires only a restoration of physical condition'; an instruction allowing recovery of diminution in value was error.
Kentucky Court of Appeals · 1991
825 S.W.2d 284 (Ky. App. 1991)
Following Judd, held that a collision policy allowing the insurer to repair or replace damaged parts permitted repair with used parts of equal value; the insurer's obligation is tied to the policy terms.
KRS 413.125: Actions relating to personal property to be brought within two years
An action for the taking, detaining or injuring of personal property must be commenced within two years from when the cause of action accrued.
KRS 304.39-230(6): Motor Vehicle Reparations Act: limitations of actions
A tort action not abolished by the MVRA may be commenced within two years after the injury or after the last PIP (basic or added reparation) payment, whichever is later.
KRS 304.39-110(1)(a): Required minimum tort liability insurance
Split limits of $25,000 per person / $50,000 per accident bodily injury and $25,000 property damage (including loss of use), or a $60,000 single limit.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in KY
We serve Kentucky 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.
Allowed by case law. Kentucky's highest court held in Ecklar-Moore Express v. Hood (1953) that damages to personal property are the difference in reasonable market value immediately before and after the injury. Repair cost is evidence of that difference, and recovery is not limited to repair cost when the value loss is greater. That case supports a diminished-value claim against the at-fault driver. No recent published Kentucky appellate decision on passenger-car diminished value was found.
Usually excluded by policy. In General Accident v. Judd (1966), Kentucky's then-highest court held that a collision policy paying the cost to repair or replace with like kind and quality requires restoring physical condition, not market value. The Court of Appeals followed Judd in Tomes v. Nationwide (1991). Coverage could differ only if a policy's wording promises more.
Kentucky generally allows 2 years to sue for vehicle property damage (KRS 413.125). Talking with the insurer does not pause the deadline, so check it early.
Put your dispute in writing and support it with evidence, such as an independent appraisal. If the insurer still does not respond, you can file a complaint with the Kentucky Department of Insurance. Insurers, arbitrators and courts make their own decisions. An appraisal is evidence supporting your claim, not a promise of payment.
A typical diminished-value appraisal is $250–$350, typically 24–48 hours after all required information is received. 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.
Not normally. Our appraisers prepare the report from your repair order, photographs and records, the same way we serve every state.
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.
