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State law · VT

Vermont diminished value claims

Vermont courts measure car damage by the market-value difference just before and just after the crash, and allow evidence of the car's value as repaired, so an owner can try to prove lost value against the at-fault driver. A 2011 state insurance bulletin says insurers must review and adjust diminished value claims, including from their own policyholders, unless the policy specifically says otherwise.

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  • Claim against the at-fault driver

    Allowed by case law

  • Claim against your own insurer

    Depends on your policy

  • Time limit to sue for property damage

    3 years

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

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Vermont law

What Vermont law says about diminished value

Third-party claim

Against the at-fault driver’s insurer

Allowed by case law

The Vermont Supreme Court's 'usual measure' is the before/after market-value difference, and evidence of repair cost and of 'the value of the automobile as repaired' is admissible (Kinney, 1965, quoting Purington, 1946). No modern Vermont appellate decision specifically on post-repair diminished value was found. Bulletin #164 also requires insurers to weigh third-party claimants' DV information.

Authority: Kinney v. Cloutier, 125 Vt. 109, 211 A.2d 246 (1965); Vermont Insurance Division Bulletin #164 (Aug. 10, 2011)

First-party claim

Against your own insurer

Depends on your policy

Insurance Division Bulletin #164 (2011) says that, absent specific policy language to the contrary, an insurer must review and adjust an insured's diminished value claim and use a fair, articulable method. It does not say every policy covers DV; wording controls, and no Vermont court ruling on first-party DV was found.

Authority: Vermont Insurance Division Bulletin #164 (Aug. 10, 2011)

Case law

Key Vermont court decisions

Kinney v. Cloutier

Vermont Supreme Court · 1965

125 Vt. 109, 211 A.2d 246 (1965)

Quoting Purington v. Newton (1946): the usual measure of damage to a car is the market-value difference immediately before and after the accident; evidence of reasonable repair cost and of the car's value as repaired is admissible. A bare repair estimate without proof of necessity or reasonableness was insufficient.

Status: treatment unclear: Old case; citators not checked.

Read the decision

Statutes and rules

  • Vermont Insurance Division Bulletin #164 (Aug. 10, 2011): Claims made for diminution of value

    Relying on 8 V.S.A. §§ 4723 and 4724(9)(F), insurers must, absent contrary policy language, review and adjust diminished value claims, consider information from insureds and third-party claimants, and articulate a fair method.

  • 12 V.S.A. § 512(5): Three-year limitation

    Actions for damage to personal property caused by another's act or default must be commenced within three years.

  • 12 V.S.A. § 511: General six-year limitation

    Civil actions not otherwise provided for, including most contract actions, must be commenced within six years.

  • 12 V.S.A. § 1036: Comparative negligence

    A plaintiff's negligence does not bar recovery for property damage if not greater than the defendants' total negligence; damages are reduced proportionally.

  • 23 V.S.A. § 800(a): Maintenance of financial responsibility

    Owners and operators must carry at least $25,000 per person, $50,000 per crash for injury, and $10,000 property damage.

Deadlines and minimum coverage

Time limit for a property-damage lawsuit
3 years (12 V.S.A. § 512(5)). Property damage (tort). Contract claims against your own insurer generally fall under the six-year period in 12 V.S.A. § 511, subject to policy terms; not researched further.
Minimum liability insurance
$25,000 per person / $50,000 per accident bodily injury; $10,000 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 Vermont Department of Financial Regulation, Insurance Division.
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Appraisals for Vermont vehicles

We serve Vermont 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. 1

    Free claim review

    Tell us about the vehicle and the Vermont claim.
  2. 2

    Send photos and repair records

    Final invoice, photos, and the insurer’s claim details.
  3. 3

    Receive your appraisal

    Reviewed by Monica Fisher, with a custom demand letter.
What the report includes

Have a Vermont 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.