State law · SC

South Carolina diminished value claims

Against the at-fault driver, South Carolina Supreme Court precedent allows repair costs plus any remaining loss in value where repairs don't restore the car. Against your own insurer, it is much harder. Schulmeyer v. State Farm (2003) held that a standard 'lesser of actual cash value or cost of repair' policy does not pay diminished value once the car is properly repaired.

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Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Usually excluded by policy
Time limit to sue for property damage
3 years
Insurance regulator
South Carolina Department of Insurance

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

Last reviewed October 4, 2026

South Carolina law

What South Carolina law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Allowed by case law

In Newman v. Brown (S.C. 1955), the Supreme Court approved a jury instruction in a negligence case. Where repairs do not put the car in as good condition as before, the cost of repairs plus the remaining diminution in value is ordinarily the proper measure of damages. The court relied on Coleman v. Levkoff (1924). No later appellate decision limiting this in claims against a driver was found. The owner must prove the lost value.

Authority: Newman v. Brown, 228 S.C. 472, 90 S.E.2d 649 (1955)

First-party claim

Against your own insurer

Usually excluded by policy

Schulmeyer v. State Farm (2003) answered a certified question. A policy limiting payment to the lower of actual cash value or cost of repair does not require payment for diminished value when the car was adequately restored to its pre-accident performance, appearance and function. Different policy wording, or a repair that did not restore the car, could lead to a different result.

Authority: Schulmeyer v. State Farm Fire & Casualty Co., 353 S.C. 491, 579 S.E.2d 132 (2003) (Op. No. 25612)

Case law

Key South Carolina court decisions

Schulmeyer v. State Farm Fire & Casualty Co.

South Carolina Supreme Court · 2003

353 S.C. 491, 579 S.E.2d 132 (2003) (Op. No. 25612)

Answering a certified question from federal court, the court held State Farm's policy (lesser of actual cash value or cost of repair or replacement) does not obligate it to pay for diminution in market value where the vehicle was adequately restored to its pre-accident performance, appearance and function. The court distinguished Campbell v. Calvert Fire Ins. Co. (1959).

Read the decision

Newman v. Brown

South Carolina Supreme Court · 1955

228 S.C. 472, 90 S.E.2d 649 (1955)

In an auto negligence case, damages are not limited to repair cost where repairs would not put the car in as good condition as before. The cost of repairs plus the remaining diminution in value is ordinarily the proper measure. An owner need not repair the car to recover.

Status: treatment unclear: Not found to be overruled, but old. No modern South Carolina appellate decision on third-party diminished value was found.

Read the decision

Statutes and rules

S.C. Code § 15-3-530(1), (4): Three-year limitation
Three years for an action for injuring goods or chattels (subsection 4), and three years for contract actions (subsection 1).
S.C. Code § 38-77-140(A): Bodily injury and property damage limits
Auto policies must provide at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage.

Deadlines and minimum coverage

Time limit for a property-damage lawsuit: 3 years (S.C. Code § 15-3-530(4)). Property damage claims against the at-fault driver. Contract claims are also three years under § 15-3-530(1).
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 South Carolina Department of Insurance.

Sources

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

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Appraisals for South Carolina vehicles

We serve South Carolina 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 South Carolina 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

Have a South Carolina 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.