(855) 589-7222

Diminished Value Claim in Mississippi

Yes against the at-fault driver's insurer, under a pure comparative fault rule; own-policy claims depend on wording, and underinsured coverage can exclude lost value.

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
3 years
Your share of the blame
Pure comparative
Minimum coverage for property damage
$25,000

The Mississippi Supreme Court has backed a diminished value claim in Mississippi for decades, so the right is not in doubt. The fight is over proof, and over which policy has to pay.

Ishee and the Proof Problem

In Ishee v. Dukes Ford, from 1980, the court allowed the cost of repair plus any drop in pre-crash value still left after the repairs. That is the claim you bring against the driver who hit you.

The same ruling carries a warning. As the Matthiesen, Wickert & Lehrer survey puts it, the court doubted that an owner's own testimony could be enough proof. Your word about what the car is worth will not carry the claim. Get a written diminished value appraisal from someone who studies car sales, and hand it to the adjuster with your demand.

Your Own Policy After Watkins

Older Mississippi cases were kind to owners. In Potomac Insurance v. Wilkinson, from 1952, a loss in market value left after repair was added to the repair cost.

A newer ruling cuts the other way. In Watkins v. Allstate, decided in 2024, the federal Fifth Circuit applied Mississippi law. It held that an insurer can exclude lost value from underinsured motorist coverage. So if the other driver's limit runs out, your own policy may not fill the gap. That is the opposite of the rule on the Maryland page.

Fault Is Split, Not Fatal

Mississippi follows pure comparative fault. Under Miss. Code § 11-7-15, your own negligence does not bar recovery. The jury lowers the damages in proportion to your share. Even a driver mostly to blame can still collect a part.

Three Years, $25,000 and Justice Court

File within three years. That is the general limit in Miss. Code § 15-1-49, counted from when the claim accrued.

The state minimum, per the Mississippi Insurance Department, is $25,000 per accident for property damage. If several cars were hit, that money is shared among all of them.

Justice Courts hear small claims of $3,500 or less. For a claim that an insurer will not answer, use the department's complaint page.

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

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

Call (855) 589-7222

Ask for a Written Review of Your Mississippi Claim

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