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State law · MD
Yes against an at-fault driver: Maryland appellate courts allow recovery of lost market value on top of repair costs when proven. Your own collision coverage depends on the policy wording, but the insurance regulator requires uninsured/underinsured motorist property-damage coverage to include proven diminished value. Main caveat: Maryland's contributory negligence rule can bar recovery if you were even slightly at fault.
Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Depends on your policy
Time limit to sue for property damage
3 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Maryland law
Third-party claim
Allowed by case law
Maryland's intermediate appellate court held in 1971 that if a vehicle has a lower market value after repairs, the owner can recover that loss in addition to repair costs. The combined total cannot exceed the drop in value before repairs. The Maryland Insurance Administration cites this rule, and mandatory property-damage liability coverage responds to it. Under contributory negligence, any fault by the claimant generally bars recovery.
Authority: Fred Frederick Motors, Inc. v. Krause, 12 Md. App. 62 (1971); Kruvant v. Dickerman, 18 Md. App. 1 (1973); Coleman v. Soccer Association of Columbia, 432 Md. 679 (2013)
First-party claim
Depends on your policy
The Maryland Insurance Administration's position is that insurers may exclude or limit diminished value under optional collision and comprehensive coverage, so coverage depends on the policy language. UM/UIM property damage is different: under Bulletin 24-8 (April 2024), insurers may not exclude proven diminished value and must pay it up to the UM limits when the at-fault driver is uninsured, underinsured or unidentified.
Authority: Maryland Insurance Administration Bulletin 24-8 (Apr. 12, 2024); Md. Code, Ins. § 19-509(c)
Case law
Court of Special Appeals of Maryland (now Appellate Court of Maryland) · 1971
12 Md. App. 62 (1971)
If the plaintiff proves that the vehicle has a diminished market value after repairs, the plaintiff can recover the diminution in market value in addition to repair costs. The two together may not exceed the drop in value before repairs.
Court of Special Appeals of Maryland · 1973
18 Md. App. 1 (1973)
The vehicle owner may make a prima facie damages case by proving either the reasonable cost of repairs or the diminution in value. The defendant bears the burden of showing that repair costs exceeded the diminution in value.
Court of Appeals of Maryland (now Supreme Court of Maryland) · 2013
432 Md. 679 (2013)
Declined to abolish contributory negligence, leaving it to the legislature. A plaintiff whose own negligence contributed to the harm generally cannot recover in negligence.
Maryland Insurance Administration Bulletin 24-8 (Apr. 12, 2024): UM/UIM coverage for diminution of value
The Administration's enforcement position: UM property damage must cover proven diminution of value, and exclusions of it are unenforceable. Insurers had to refile forms within 90 days. It also states that insurers may exclude or limit diminished value in optional collision and comprehensive coverage.
Md. Code, Ins. § 19-509(c): Uninsured motorist coverage
Uninsured motorist coverage must cover damages the insured is entitled to recover from an uninsured owner or operator because of property damage, including loss of use. The property-damage wording was clarified by Ch. 77, Laws of 2020.
Md. Code, Cts. & Jud. Proc. § 5-101: Three-year general limitation
A civil action at law must be filed within three years from the date it accrues unless another statute provides otherwise.
Md. Code, Transp. § 17-103(b): Required security minimums
Requires coverage of at least $30,000 per person and $60,000 per accident for bodily injury, and $15,000 for property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in MD
We serve Maryland 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. Maryland's intermediate appellate court held in 1971 that if a vehicle has a lower market value after repairs, the owner can recover that loss in addition to repair costs. The combined total cannot exceed the drop in value before repairs. The Maryland Insurance Administration cites this rule, and mandatory property-damage liability coverage responds to it. Under contributory negligence, any fault by the claimant generally bars recovery.
Depends on your policy. The Maryland Insurance Administration's position is that insurers may exclude or limit diminished value under optional collision and comprehensive coverage, so coverage depends on the policy language. UM/UIM property damage is different: under Bulletin 24-8 (April 2024), insurers may not exclude proven diminished value and must pay it up to the UM limits when the at-fault driver is uninsured, underinsured or unidentified.
Maryland generally allows 3 years to sue for vehicle property damage (Md. Code, Cts. & Jud. Proc. § 5-101). 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 Maryland Insurance Administration. 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.
