Two court rulings frame a diminished value claim in Florida. One opens the door against the at-fault driver. The other closes it against your own insurer once the car is properly fixed.
McHale and the Burden of Proof
In McHale v. Farm Bureau, a 1982 appeals case, the court said repair cost plus lost value is ordinarily the right measure of damages. It put the burden on the owner. You must prove that the car lost value because it was in the crash.
The MWL survey of all 50 states also notes that you do not have to sell the car first to recover. A written appraisal is how most owners carry that burden.
Siegle Means Your Own Policy Will Not Pay
The Florida Supreme Court decided Siegle v. Progressive in 2002. It held that a policy promising repair with parts of like kind and quality does not owe money for lost market value. That holds once the insurer completes a first-rate repair. If the repair was poor, push the shop and insurer to fix it.
The Deadline Is Now Two Years
Florida used to allow four years for negligence. The statute now reads differently. Under Fla. Stat. § 95.11, an action founded on negligence must be brought within two years.
The fault rule changed as well. Under Fla. Stat. § 768.81, anyone found more than half to blame for their own harm recovers no damages at all. At half or less, your award drops by your share.
Small Claims and the $10,000 Floor
Florida requires a minimum of $10,000 in property damage liability, says the Florida Highway Safety and Motor Vehicles department. A bare policy may pay the repair and leave little for lost value.
Small claims court handles disputes of $8,000 or less, per the Florida courts. For trouble with an insurer, the Division of Consumer Services at the Department of Financial Services can open a formal complaint. Compare Georgia, where your own insurer must look at lost value.