National Toll Free: (877) 655-1661|Email: request@autoloss.com|Hours: Mon–Fri 8 a.m.–4 p.m. PT · Sat 7–10 a.m. PT
Nationwide · All 50 states
State law · ND
North Dakota law sharply limits diminished value. A statute presumes damages equal the lesser of repair cost or the drop in market value. The state Supreme Court held that an owner who was paid for full repairs could not also recover lost trade-in value. Diminished value may matter mainly when repair is impracticable. No ruling was found on claims against your own insurer.
Claim against the at-fault driver
Limited
Claim against your own insurer
Unsettled
Time limit to sue for property damage
6 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
North Dakota law
Third-party claim
Limited
N.D.C.C. § 32-03-09.1 presumes damages are reasonable repair cost plus loss of use, or the before-and-after drop in market value if repair is impossible or impracticable. In Sullivan v. Pulkrabek (2000), the Supreme Court held the lesser measure controls; the owner, already paid for repairs and loss of use, could not recover lower trade-in value.
Authority: Sullivan v. Pulkrabek, 2000 ND 107, 611 N.W.2d 162; N.D.C.C. § 32-03-09.1
First-party claim
Unsettled
No North Dakota decision or rule was found on whether collision coverage must pay diminished value. Coverage depends on the policy wording.
Case law
North Dakota Supreme Court · 2000
2000 ND 107, 611 N.W.2d 162
Under N.D.C.C. § 32-03-09.1 the lesser of repair cost or diminution in value is the measure; an owner who received full repair cost and loss of use had received the full measure and could not recover reduced trade-in value caused by damage-disclosure rules.
N.D.C.C. § 32-03-09.1: Measure of damages for injury to property not arising from contract
Presumed measure is reasonable repair cost plus loss of use; if restoration is impossible or impracticable, the before-and-after market value difference plus loss of use. Repair is impracticable when it costs more than the value loss.
N.D.C.C. § 28-01-16(1), (4): Six-year limitation
Six years for actions for injuring goods or chattels and for contract actions.
N.D.C.C. § 39-05-17.2: Body damage disclosure
Requires a damage disclosure statement on title transfer for vehicles of the current and seven prior model years, under department rules.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in ND
We serve North Dakota 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. N.D.C.C. § 32-03-09.1 presumes damages are reasonable repair cost plus loss of use, or the before-and-after drop in market value if repair is impossible or impracticable. In Sullivan v. Pulkrabek (2000), the Supreme Court held the lesser measure controls; the owner, already paid for repairs and loss of use, could not recover lower trade-in value.
Unsettled. No North Dakota decision or rule was found on whether collision coverage must pay diminished value. Coverage depends on the policy wording.
North Dakota generally allows 6 years to sue for vehicle property damage (N.D.C.C. § 28-01-16(4)). 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 North Dakota 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.
