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State law · MT
Montana law is unsettled. The Montana Supreme Court said in 2011 that it had not yet decided whether insurers must pay 'residual diminished value' at all. Owners can still seek it from an at-fault driver under Montana's general rule that tort damages cover all harm caused, but no appellate ruling confirms it. Lawsuits for vehicle damage must be filed within two years.
Claim against the at-fault driver
Unsettled
Claim against your own insurer
Unsettled
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
Montana law
Third-party claim
Unsettled
In Hop v. Safeco (2011) an owner sought residual diminished value from the at-fault driver's insurer. The Court reversed class certification and noted it had not yet addressed whether Montana insurers must pay such claims. Montana's general tort measure (MCA 27-1-317) compensates 'all the detriment proximately caused,' which supports asking for it, but no controlling decision was found.
Authority: Hop v. Safeco Insurance Co. of Illinois, 2011 MT 215, 361 Mont. 510, 261 P.3d 981; MCA 27-1-317
First-party claim
Unsettled
No Montana decision was found requiring an insurer to pay diminished value on a collision claim. In a 1962 hail case (Eby), the Court quoted an Oregon decision that repair is not complete if value is still diminished, but it upheld repair-cost damages and did not decide a diminished-value claim. The answer will depend on policy wording.
Authority: Eby v. Foremost Insurance Co., 141 Mont. 62, 374 P.2d 857 (1962)
Case law
Montana Supreme Court · 2011
2011 MT 215, 361 Mont. 510, 261 P.3d 981
Reversed certification of a class of third-party claimants seeking residual diminished value; a third-party Unfair Trade Practices claim is not ripe until the underlying claim is settled or reduced to judgment (MCA 33-18-242(6)(b)). The Court noted it had not yet decided whether insurers must pay residual diminished value.
Montana Supreme Court · 1962
141 Mont. 62, 374 P.2d 857 (1962)
In a hail-damage claim on a mobile trailer, the insured could recover repair cost rather than the insurer's lower 'appearance damage' value estimate; the Court quoted authority that restoration is incomplete if value remains diminished after repair.
Status: treatment unclear: Not a vehicle-collision case and not a diminished-value award; cite only as background.
MCA 27-2-207: Injuries involving property
Two years to sue for injury to personal property or for taking, detaining, or injuring goods.
MCA 27-2-202: Actions based on contract or other obligation
Six years for written contracts; five years for unwritten contracts; three years for other obligations not founded on a writing.
MCA 27-1-317: Breach of obligation other than contract
Tort damages are the amount that will compensate for all the detriment proximately caused, whether or not it could have been anticipated.
MCA 27-1-306: When replacement value to be allowed
When repair costs exceed a vehicle's value, damages are its actual replacement value (actual cash value just before the damage) rather than 'book' value, unless the parties agree otherwise.
MCA 27-1-702: Comparative negligence
A claimant's negligence does not bar recovery for injury to person or property if not greater than the defendants' combined negligence; damages are reduced by the claimant's share.
MCA 61-6-103: Motor vehicle liability policy minimum limits
Minimum liability limits of $25,000 per person and $50,000 per accident for bodily injury and $20,000 for property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in MT
We serve Montana 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.
