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Diminished Value Claim in Connecticut

Connecticut case law makes the negligent driver pay for lost value, but the claim on your own policy is usually not covered.

File a claim with the other driver's insurer
Yes
File a claim on your own policy
Policy decides
Time limit to sue for car damage
2 years
Your share of the blame
Modified comparative, 51% bar
Minimum coverage for property damage
$25,000

The Connecticut legislature's own research office has looked at this question. Its answer shapes every diminished value claim in Connecticut. The negligent driver pays. Your own policy usually does not.

Case Law Puts the Loss on the Negligent Driver

A report from the Office of Legislative Research sums up the case law. The negligent person is responsible for the lost value of the car. You bring that claim against the other driver's liability coverage.

The cases go back to Littlejohn v. Elionsky in 1944. The MWL law firm's chart of all 50 states gives the rule. The owner gets fair repair costs plus any loss in value that remains. Proof still matters, so get a written appraisal.

Your Own Policy Usually Says No

The same report says a first-party claim for lost value is typically not covered. Policies pay for the repair, or the cash value if the car is a total loss. Some even exclude lost value in plain words.

Two Years Under Section 52-584

Do not wait. Conn. Gen. Stat. § 52-584 requires a suit for negligent injury to personal property within two years from when the injury is first sustained or discovered.

Connecticut also compares fault. Under Conn. Gen. Stat. § 52-572h, your negligence cannot exceed the total negligence of all the parties you sue. A driver who is half to blame can still recover half.

Policy Limits and Small Claims

The minimum property damage coverage is $25,000 per accident, says the Connecticut Insurance Department. A large repair plus lost value can pass that amount on a newer car, and the driver then owes the rest.

Small claims court hears money claims up to $5,000, per the Connecticut Judicial Branch. Larger claims go to the regular civil docket. If the insurer stops answering, use the department's complaint page. You can compare nearby rules for New York.

Get your Connecticut number with the diminished value calculator, or compare Connecticut with every other state.

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