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State law · LA
Yes, against the at-fault driver. Louisiana appellate courts have long allowed diminished value on top of repair costs, but only with individual proof such as an expert appraisal; it is not presumed. Claims under your own collision coverage have been rejected where the policy promises to 'repair or replace'. Uninsured owners and drivers cannot recover the first $100,000 of property damage.
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
Louisiana law
Third-party claim
Allowed by case law
Courts of appeal allow diminished value in addition to repair cost when the vehicle was repaired and the owner proves the loss, for example with a qualified appraiser's testimony. Louisiana does not presume every accident causes diminished value, and awards are decided case by case. One court denied it where the car was sold instead of repaired. No Louisiana Supreme Court ruling on vehicle diminished value was located.
Authority: Smith v. Kepney, 52,455 (La. App. 2 Cir. 1/16/19), 264 So. 3d 1214; La. Civ. Code art. 2323; La. R.S. 32:866
First-party claim
Usually excluded by policy
Two courts of appeal (Second and First Circuits, 2001) held that collision or physical-damage policies limiting the insurer to the cost to 'repair or replace' do not cover diminished value. Whether a particular policy differs depends on its wording. No Louisiana Supreme Court decision on the question was located.
Authority: Townsend v. State Farm Mutual Automobile Insurance Co., 34,901 (La. App. 2 Cir. 8/22/01), 793 So. 2d 473; Campbell v. Markel American Insurance Co., 2000 CA 1448 (La. App. 1 Cir. 9/21/01), 822 So. 2d 617; Johnson v. Illinois National Insurance Co., 2000 CA 1775 (La. App. 1 Cir. 11/9/01), 818 So. 2d 100
Case law
Louisiana Court of Appeal, Second Circuit · 2019
52,455 (La. App. 2 Cir. 1/16/19), 264 So. 3d 1214
Affirmed a $5,295 diminished-value award, supported by an automotive-appraisal expert, on top of repair costs against the at-fault driver's insurer. The court declined to require that the owner sell the car to prove the loss, restating that diminished value must be individually alleged and proven and is not presumed.
Louisiana Court of Appeal, Second Circuit · 2001
34,901 (La. App. 2 Cir. 8/22/01), 793 So. 2d 473
Affirmed summary judgment for State Farm: the policy's limit of liability to the cost to repair or replace the vehicle is clear and does not include post-repair diminished value.
Status: treatment unclear: First-party class action. No later contrary appellate ruling located, but not formally Shepardized.
Louisiana Court of Appeal, First Circuit · 2001
2000 CA 1448 (La. App. 1 Cir. 9/21/01), 822 So. 2d 617
Reversed the trial court: the 'repair or replace' limitation caps the insurer's liability at the cost of physical restoration, so the policy does not cover diminished value. The court stressed that first-party claims sound in contract, unlike third-party tort claims.
Status: treatment unclear: The vehicle was a motorcycle ('cycle').
Louisiana Court of Appeal, First Circuit · 2001
2000 CA 1775 (La. App. 1 Cir. 11/9/01), 818 So. 2d 100
Following Campbell, affirmed summary judgment that the insurer did not owe its insured diminished value under the physical-damage coverage.
Status: treatment unclear
La. Civ. Code art. 3493.1: Delictual actions (two-year prescription)
Tort (delictual) actions prescribe in two years from the day the injury or damage is sustained. Enacted by Acts 2024, No. 423, effective July 1, 2024. Reported to apply prospectively only, so damage sustained before July 1, 2024 stays under the old one-year rule.
La. Civ. Code art. 2323: Comparative fault
As amended by Acts 2025, No. 15, effective January 1, 2026: a claimant 51% or more at fault recovers nothing, and a claimant less than 51% at fault has damages reduced by their share. Before 2026, Louisiana used pure comparative fault.
La. R.S. 32:866: 'No pay, no play' limitation of recovery
An owner or operator who fails to carry the required liability security cannot recover the first $100,000 of bodily injury or the first $100,000 of property damage from an accident, with exceptions such as the other driver's DWI conviction, an intentional act, or fleeing the scene. The limits were raised from $15,000/$25,000 by Acts 2025, No. 16.
La. R.S. 32:900: Motor vehicle liability policy minimums
Sets minimum liability of $15,000 per person and $30,000 per accident for bodily injury, and $25,000 for property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in LA
We serve Louisiana 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. Courts of appeal allow diminished value in addition to repair cost when the vehicle was repaired and the owner proves the loss, for example with a qualified appraiser's testimony. Louisiana does not presume every accident causes diminished value, and awards are decided case by case. One court denied it where the car was sold instead of repaired. No Louisiana Supreme Court ruling on vehicle diminished value was located.
Usually excluded by policy. Two courts of appeal (Second and First Circuits, 2001) held that collision or physical-damage policies limiting the insurer to the cost to 'repair or replace' do not cover diminished value. Whether a particular policy differs depends on its wording. No Louisiana Supreme Court decision on the question was located.
Louisiana generally allows 2 years to sue for vehicle property damage (La. Civ. Code art. 3493.1). 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 Louisiana 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.
