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State law · MS
Mississippi courts measure damage to a repaired vehicle as the drop in market value after reasonable repairs, which can include value lost because it is a 'wrecked car.' That supports diminished-value claims against an at-fault driver. Claims against your own insurer depend on the policy: federal courts applying Mississippi law have upheld policies that limit payment to repairs or expressly exclude diminished value.
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
Mississippi law
Third-party claim
Allowed by case law
The Mississippi Supreme Court held that where repairs leave a remaining loss in market value, that loss is added to the repair cost, and that market value may reflect a car's status as a wrecked car (Wilkinson, 1952). In 2024 the Court affirmed a jury award that included diminished value against a negligent repair shop. No statute addresses diminished value; proof of value is required.
Authority: Potomac Insurance Co. v. Wilkinson, 213 Miss. 520, 57 So. 2d 158 (1952); Stribling Equipment, LLC (Empire Truck Sales) v. Eason Propane, LLC, No. 2023-CA-00862-SCT (Miss. Oct. 2024)
First-party claim
Depends on your policy
Wilkinson allowed post-repair value loss under a 1950s collision policy, but federal appeals courts applying Mississippi law have held that modern policies defining 'cost of repair or replacement' (Blakely, 2005) or expressly excluding 'any decrease in the property's value' (Watkins, 2024, including uninsured-motorist property coverage) do not cover diminished value. Read your policy's limit-of-liability and exclusion language.
Authority: Potomac Insurance Co. v. Wilkinson, 213 Miss. 520, 57 So. 2d 158 (1952); Blakely v. State Farm Mutual Automobile Insurance Co., 406 F.3d 747 (5th Cir. 2005); Watkins v. Allstate Property & Casualty Insurance Co., No. 23-60141 (5th Cir. Jan. 12, 2024)
Case law
Mississippi Supreme Court · 1952
213 Miss. 520, 57 So. 2d 158 (1952)
In a collision-policy case, the loss to a damaged car is the difference between its market value just before the collision and its market value after all reasonable repairs; any remaining loss in market value is added to the repair cost, and market value may reflect depreciation from being a wrecked car.
U.S. Court of Appeals for the Fifth Circuit (applying Mississippi law) · 2005
406 F.3d 747 (5th Cir. 2005)
State Farm's collision/comprehensive policy, which capped payment at the lower of actual cash value or a defined cost of repair or replacement, unambiguously did not cover post-repair diminished value, and the limitation did not violate public policy.
U.S. Court of Appeals for the Fifth Circuit (applying Mississippi law) · 2024
No. 23-60141 (5th Cir. Jan. 12, 2024)
An Allstate uninsured-motorist property-damage exclusion for 'any decrease in the property's value' is valid under Mississippi law; no Mississippi statute or court decision requires auto policies to pay diminished value.
Mississippi Supreme Court · 2024
No. 2023-CA-00862-SCT (Miss. Oct. 2024)
Affirmed a jury verdict against a repair shop that negligently caused a truck fire, including $112,698.46 for the truck's diminished value plus repair costs and lost profits; the award was not against the weight of the evidence.
Miss. Code Ann. § 15-1-49(1): Limitations applicable to actions not otherwise specifically provided for
Actions with no other specified limitation period must be filed within three years after the cause of action accrues.
Miss. Code Ann. §§ 83-11-101(2), 83-11-103(c): Uninsured motorist property-damage coverage
Auto policies must include uninsured-motorist coverage for property damage the insured is legally entitled to recover; 'uninsured' includes certain underinsured vehicles. Watkins (2024) held this does not require coverage of diminished value when the policy excludes it.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in MS
We serve Mississippi 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. The Mississippi Supreme Court held that where repairs leave a remaining loss in market value, that loss is added to the repair cost, and that market value may reflect a car's status as a wrecked car (Wilkinson, 1952). In 2024 the Court affirmed a jury award that included diminished value against a negligent repair shop. No statute addresses diminished value; proof of value is required.
Depends on your policy. Wilkinson allowed post-repair value loss under a 1950s collision policy, but federal appeals courts applying Mississippi law have held that modern policies defining 'cost of repair or replacement' (Blakely, 2005) or expressly excluding 'any decrease in the property's value' (Watkins, 2024, including uninsured-motorist property coverage) do not cover diminished value. Read your policy's limit-of-liability and exclusion language.
Mississippi generally allows 3 years to sue for vehicle property damage (Miss. Code Ann. § 15-1-49(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 Mississippi Insurance Department. 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.
