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State law · ME
Probably yes against the at-fault driver: Maine's long-standing rule measures vehicle damage by the drop in value, not just repair cost, though no modern appellate case on post-repair diminished value was found. Against your own insurer, Maine's highest court held a collision policy that pays to 'repair' does not cover diminished value. Claims generally must be filed within six 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
6 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Maine law
Third-party claim
Allowed by case law
The Supreme Judicial Court has long held that an owner may recover the difference in the car's value before and after the accident, and that repair cost is evidence of that figure but not conclusive. This supports diminished-value claims against an at-fault driver. However, that authority is from 1935, and no modern Maine appellate decision on post-repair diminished value was located. A claimant equally or more at fault recovers nothing.
Authority: Collins v. Kelley, 133 Me. 410, 179 A. 65 (1935); 14 M.R.S. § 156
First-party claim
Usually excluded by policy
In Hall v. Acadia (2002), the Supreme Judicial Court held that a collision policy limiting the insurer's liability to the amount needed to 'repair' the vehicle is unambiguous and does not include diminished value. A policy with different wording could produce a different result.
Authority: Hall v. Acadia Insurance Co., 2002 ME 110, 801 A.2d 993
Case law
Maine Supreme Judicial Court · 2002
2002 ME 110, 801 A.2d 993
A collision policy limiting liability to the amount necessary to 'repair' the vehicle does not require the insurer to pay the vehicle's inherent diminished value. 'Repair' means restoring function and appearance, not market value.
Maine Supreme Judicial Court · 1935
133 Me. 410, 179 A. 65 (1935)
In a collision case, 'the plaintiff is entitled to recover the difference between the value of the car before and after the accident'. The cost of repairs may be an important element in that figure but is not conclusive, and the court upheld an award above the repair estimate.
Status: treatment unclear: Old, but no later case overruling it was found. It does not address value lost after full repairs specifically.
14 M.R.S. § 752: Six-year limitation for civil actions
All civil actions must be commenced within 6 years after the cause of action accrues, unless another statute provides otherwise.
14 M.R.S. § 156: Comparative negligence
A claimant's damages are reduced for their share of fault. A claimant found equally at fault (or more) may not recover.
29-A M.R.S. § 1605(1)(C): Minimum motor vehicle liability insurance
Requires at least $50,000 per person and $100,000 per accident for bodily injury, $25,000 for property damage, $2,000 medical payments and $500 towing and storage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in ME
We serve Maine 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.
