(855) 589-7222

Diminished Value Claim in Delaware

Delaware drivers cannot get lost value from their own insurer, and a claim against the at-fault driver's insurer must be filed within two years.

File a claim with the other driver's insurer
Likely, not settled
File a claim on your own policy
No, courts ruled
Time limit to sue for car damage
2 years
Your share of the blame
Modified comparative, 51% bar
Minimum coverage for property damage
$10,000

Delaware's top court has already ruled on one half of a diminished value claim in Delaware. Your own insurer does not owe lost value under standard repair language. The other half, the claim against the driver who hit you, is still open.

The O'Brien Ruling Shut Out Your Own Policy

In O'Brien v. Progressive Northern Insurance, from 2001, the Delaware Supreme Court read the words repair or replace. It found them clear. It held that the language does not contemplate payment for lost value. A lower court had taken the opposite view in 1992, and O'Brien overruled it.

Both rulings appear in the Matthiesen, Wickert & Lehrer survey of all 50 states.

Claiming Against the At-Fault Driver

The same survey found no Delaware decision on lost value against an at-fault driver. That does not mean the claim fails. Delaware law still lets a person recover damages for negligence that harms property.

The adjuster will want proof. A diminished value appraisal and a clear demand letter do most of the work.

Two Years and the Fault Rule

Time is tight. Under 10 Del. C. § 8107, no action for injury to personal property may be brought after two years.

Fault is compared, not fatal. Under 10 Del. C. § 8132, your negligence must not be greater than the negligence of the defendant. Your award is then cut by your share.

A Low Minimum and a Generous Court

Delaware's minimum liability coverage is $25,000/$50,000/$10,000, per the Delaware DMV. The last figure is property damage. A policy at that floor can be used up by the repair alone.

The Justice of the Peace Court may award up to $25,000 in a civil case, according to the Delaware courts. That covers almost any lost value claim. If the insurer stalls, the Delaware Department of Insurance can forward your complaint to the company.

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

Had a crash in Delaware? Talk to someone who handles diminished value claims there.

Call (855) 589-7222

Ask for a Written Review of Your Delaware Claim

Provide the key facts and a single diminished value appraiser or car claim lawyer will review it and email you back.