State law · NH

New Hampshire diminished value claims

New Hampshire case law supports recovering diminished value from an at-fault driver. The state Supreme Court (1946) adopted the Restatement rule allowing repair costs, loss of use, and 'due allowance' for any value difference remaining after repairs. The ruling is old and not recently tested. Claims against your own insurer depend on the policy. Lawsuits must be filed within three years.

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Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Unsettled
Time limit to sue for property damage
3 years
Insurance regulator
New Hampshire Insurance Department

Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice

Last reviewed October 4, 2026

New Hampshire law

What New Hampshire law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Allowed by case law

In Copadis v. Haymond (1946) the New Hampshire Supreme Court upheld a verdict for a car that repairs did not restore to its former condition. It adopted Restatement of Torts § 928: damages may be the before-and-after value difference, or repair cost with due allowance for any value difference remaining after repairs, plus loss of use. No recent decision applying it to inherent diminished value was found.

Authority: Copadis v. Haymond, 94 N.H. 103 (1946)

First-party claim

Against your own insurer

Unsettled

No New Hampshire decision on diminished value under a collision or comprehensive policy was found. Recovery depends on the policy's limit-of-liability and exclusion language.

Case law

Key New Hampshire court decisions

Copadis v. Haymond

New Hampshire Supreme Court · 1946

94 N.H. 103 (1946)

For a car damaged in a collision and repaired, damages may include repair costs, loss of use, and the value difference remaining after repairs, following Restatement of Torts § 928; a $590 verdict was upheld where evidence showed repairs did not restore the car's former condition.

Status: treatment unclear: Not overruled as far as found, but old; the evidence showed incomplete repair, so its reach to inherent (stigma) diminished value after a proper repair is untested.

Read the decision

Statutes and rules

RSA 508:4, I: Personal actions
Personal actions must be brought within 3 years of the act or omission, subject to a discovery rule.
RSA 507:7-d: Comparative fault
A plaintiff's fault does not bar recovery for property damage if not greater than the defendants' fault; damages are reduced in proportion.
RSA 259:61: Motor vehicle liability policy
Defines a motor vehicle liability policy as providing at least $25,000 per person and $50,000 per accident for bodily injury and $25,000 for property damage.
RSA 264:20: Amount of proof of financial responsibility
Where proof of financial responsibility is required, it must cover $25,000/$50,000 bodily injury and $25,000 property damage.

Deadlines and minimum coverage

Time limit for a property-damage lawsuit: 3 years (RSA 508:4, I). Applies to personal actions generally, including property damage and most contract claims; insurance policies may contain their own suit-limitation clauses.
Minimum liability insurance: $25,000 per person / $50,000 per accident bodily injury; $25,000 property damage. The at-fault driver’s property-damage limit can cap what their insurer pays.
If your claim stalls: You can file a complaint with the New Hampshire Insurance Department.

Sources

Researched September 30, 2026. General information from an appraisal perspective, not legal advice.

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Autoloss in NH

Appraisals for New Hampshire vehicles

We serve New Hampshire 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.

1
Free claim review
Tell us about the vehicle and the New Hampshire claim.
2
Send photos and repair records
Final invoice, photos, and the insurer’s claim details.
3
Receive your appraisal
Reviewed by Monica Fisher, with a custom demand letter.

What the report includes

New Hampshire diminished value questions

Can I claim diminished value from the at-fault driver’s insurer in New Hampshire?

Allowed by case law. In Copadis v. Haymond (1946) the New Hampshire Supreme Court upheld a verdict for a car that repairs did not restore to its former condition. It adopted Restatement of Torts § 928: damages may be the before-and-after value difference, or repair cost with due allowance for any value difference remaining after repairs, plus loss of use. No recent decision applying it to inherent diminished value was found.

Will my own insurance company pay diminished value in New Hampshire?

Unsettled. No New Hampshire decision on diminished value under a collision or comprehensive policy was found. Recovery depends on the policy's limit-of-liability and exclusion language.

How long do I have to make a diminished value claim in New Hampshire?

New Hampshire generally allows 3 years to sue for vehicle property damage (RSA 508:4, I). Talking with the insurer does not pause the deadline, so check it early.

What can I do if the insurer won’t respond or won’t pay?

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 New Hampshire Insurance Department. Insurers, arbitrators and courts make their own decisions. An appraisal is evidence supporting your claim, not a promise of payment.

How much does a diminished value appraisal cost in New Hampshire?

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.

Does Autoloss need to inspect my vehicle in New Hampshire?

Not normally. Our appraisers prepare the report from your repair order, photographs and records, the same way we serve every state.

Have a New Hampshire diminished value claim?

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.