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 · VA
Virginia's Supreme Court allows an owner suing the at-fault driver to recover the car's before-and-after market-value drop, or, if the car can be repaired, reasonable repair cost with a reasonable allowance for depreciation (Averett, 1977). Virginia's salvage statute also defines 'diminished value compensation' paid to third parties. Claims against your own collision coverage after proper repairs were rejected in 1965.
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
5 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Virginia law
Third-party claim
Allowed by case law
Averett v. Shircliff adopted the rule that the measure is the before/after market-value difference, except that if repairs can restore the car and cost less, the measure is reasonable repair cost 'with reasonable allowance for depreciation.' Which applies is a jury question on the evidence. Va. Code § 46.2-1600 recognizes insurers pay third parties diminished value compensation.
Authority: Averett v. Shircliff, 218 Va. 202, 237 S.E.2d 92 (1977); Va. Code § 46.2-1600
First-party claim
Depends on your policy
In Bickel v. Nationwide (1965), where repairs were conceded to be skillful, the Supreme Court held a collision policy giving the insurer the right to repair did not owe the before/after value difference. Different policy wording or inadequate repairs could change the result. No Virginia authority on DV under uninsured-motorist coverage was found.
Authority: Bickel v. Nationwide Mutual Insurance Co., 206 Va. 419, 143 S.E.2d 903 (1965)
Case law
Supreme Court of Virginia · 1977
218 Va. 202, 237 S.E.2d 92 (1977)
Adopted as Virginia's rule for motor vehicles: damages are the before/after market-value difference, but if repairs can restore the car and cost less, the measure is reasonable repair cost with reasonable allowance for depreciation; the jury decides which applies.
Supreme Court of Virginia · 1965
206 Va. 419, 143 S.E.2d 903 (1965)
Under a collision policy letting the insurer repair with like kind and quality, insureds whose car was skillfully repaired could not recover the before/after market-value difference.
Status: treatment unclear: Trial court indicated inadequate repairs would have gone to the jury.
Va. Code § 46.2-1600: Definitions (salvage, nonrepairable, rebuilt vehicles)
Defines 'diminished value compensation' as what an insurer pays a third-party owner, beyond repairs, for reduced value due to damage; it is excluded from repair cost when deciding salvage status.
Va. Code § 8.01-243(B): Limitation for injury to property
Every action for injury to property must be brought within five years after the cause of action accrues.
Va. Code § 46.2-472(B): Coverage of owner's policy
For policies effective on or after Jan. 1, 2025: $50,000 per person, $100,000 per accident bodily injury, $25,000 property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in VA
We serve Virginia 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.
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.
