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Diminished Value Claim in Rhode Island

Rhode Island has no court ruling on lost value claims against the at-fault driver's insurer, but its ten-year deadline is the longest around.

File a claim with the other driver's insurer
Likely, not settled
File a claim on your own policy
Not settled
Time limit to sue for car damage
10 years
Your share of the blame
Pure comparative
Minimum coverage for property damage
$25,000

No court in the state has ruled on a diminished value claim in Rhode Island against an at-fault driver. That leaves the general rules of negligence, a generous deadline and the proof you bring.

An Open Question in the Courts

The Matthiesen, Wickert & Lehrer survey of all 50 states lists no Rhode Island decision on lost value in a third party claim. Silence is not a ban. A driver who was hit can still ask the other insurer to pay for the drop in resale price.

Without a case to point to, the claim lives or dies on evidence. Get a written appraisal that compares your car with similar cars that have a clean history. Then send a demand letter that names one clear amount.

Cazabat Sent Your Own Policy to a Jury

Your own collision coverage is not settled either. In Cazabat v. Metropolitan Property and Casualty, from 2000, a trial court looked at a repair or replace clause. It found the clause unclear on whether it covered the inherent loss in value after a crash. That question, the court said, was a fact the jury had to resolve. So the answer depends on your policy and how a jury reads it.

Ten Years to Sue Under § 9-1-13

Rhode Island gives you a long window. R.I. Gen. Laws § 9-1-13 says civil actions must be started within ten years after the claim accrues. Do not let that lull you. Repair records, photos and sale prices are easiest to gather while the crash is recent.

Blame is shared, not fatal. Under § 9-20-4, your own negligence does not bar recovery. The award is reduced in proportion to your part in the crash.

Policy Floor and Complaints

Every policy must carry at least $25,000 for damage to the property of others in one accident, under § 31-32-24. That amount pays for repairs and lost value together. If an insurer ignores you, reach out to the Rhode Island Division of Insurance. Nearby, Massachusetts handles these claims under its own rules.

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

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