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State law · NE
Nebraska's damage rules make diminished value hard to recover after a good repair. The Nebraska Supreme Court says that if a vehicle can be repaired to substantially its prior condition at reasonable cost, damages are repair cost plus loss of use; lost market value is the measure when it cannot. No Nebraska decision found requires insurers to pay diminished value on top of a proper repair.
Claim against the at-fault driver
Limited
Claim against your own insurer
Unsettled
Time limit to sue for property damage
4 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Nebraska law
Third-party claim
Limited
Under Chlopek v. Schmall (1986), when repair at reasonable cost restores the vehicle to substantially its prior condition, the measure is repair cost plus loss of use. When it cannot be so restored, or repair costs more than the drop in value, the measure is lost market value plus loss of use. A claim for value lost despite a proper repair has no clear Nebraska support.
Authority: Chlopek v. Schmall, 224 Neb. 78, 396 N.W.2d 103 (1986)
First-party claim
Unsettled
No Nebraska appellate decision on diminished value under a collision or comprehensive policy was found. Recovery would depend on the policy's limit-of-liability and exclusion language.
Case law
Nebraska Supreme Court · 1986
224 Neb. 78, 396 N.W.2d 103 (1986)
If damaged personal property can be repaired at reasonable cost to substantially its prior condition, damages are repair cost plus loss of use; if not, or if repair exceeds the loss in market value, damages are lost market value plus loss of use. Overruled older cases capping total recovery at pre-accident value.
Neb. Rev. Stat. § 25-207: Actions for trespass, conversion, other torts
Four years for an action for taking, detaining, or injuring personal property.
Neb. Rev. Stat. § 25-205: Actions on written contracts
Five years for actions on a written agreement, contract, or promise.
Neb. Rev. Stat. § 60-310: Automobile liability policy, defined
Liability coverage of at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.
Neb. Rev. Stat. § 25-21,185.09: Contributory negligence; effect on recovery
A claimant's negligence reduces damages proportionally but bars recovery if it is equal to or greater than the total negligence of the defendants.
Neb. Rev. Stat. § 44-1525: Unfair trade practices; enumerated
Lists unfair insurance trade practices such as misrepresenting policy benefits. The portion reviewed does not mention diminished value.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in NE
We serve Nebraska 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.
Limited. Under Chlopek v. Schmall (1986), when repair at reasonable cost restores the vehicle to substantially its prior condition, the measure is repair cost plus loss of use. When it cannot be so restored, or repair costs more than the drop in value, the measure is lost market value plus loss of use. A claim for value lost despite a proper repair has no clear Nebraska support.
Unsettled. No Nebraska appellate decision on diminished value under a collision or comprehensive policy was found. Recovery would depend on the policy's limit-of-liability and exclusion language.
Nebraska generally allows 4 years to sue for vehicle property damage (Neb. Rev. Stat. § 25-207). 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 Nebraska 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.
