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Diminished Value Claim in South Carolina

Yes against the at-fault driver's insurer under Newman v. Brown, but your own policy will not pay it, and you have three years to sue.

File a claim with the other driver's insurer
Yes
File a claim on your own policy
No, courts ruled
Time limit to sue for car damage
3 years
Your share of the blame
Modified comparative, 51% bar
Minimum coverage for property damage
$25,000

South Carolina splits the question in two. A diminished value claim in South Carolina against the driver who hit you rests on a 1955 rule. Your own insurer owes nothing extra under its repair option.

A 1955 Rule for the Other Driver

In Newman v. Brown, the state Supreme Court described the usual measure of damages. It is the cost of repairs plus any remaining loss in value. That last phrase is the heart of the claim. Even a careful repair can leave a car worth less than it was the day before.

To collect, show the gap with numbers. A written appraisal from someone who studies local sales is the usual proof. Some insurers prefer their own formula, so read up on the 17c method before you accept a low figure.

Schulmeyer Closed the Door on Your Own Policy

The same court ruled the other way for first party claims. In Schulmeyer v. State Farm, from 2003, the policy let the insurer pay the value of the car or the cost of repair, whichever was less. The court called those alternatives. Choosing repair did not add a duty to pay for lost value.

So your own collision claim ends with the repair bill. Look to the other driver's insurer for the rest. You can also read whether State Farm pays lost value.

Three Years and the Fault Line

Under S.C. Code ยง 15-3-530, an action for injuring goods or chattels must be brought within three years. A car is a chattel, a legal word for movable property.

The state compares fault. In Nelson v. Concrete Supply, from 1991, the court held that recovery is allowed while your negligence does not exceed the defendant's. Your award then drops by your own share.

Limits That Shape the Claim

The South Carolina Department of Insurance lists the minimum as $25,000 property damage per accident. Repairs and lost value both come out of that sum.

For a smaller loss, the Magistrates Court can award up to $7,500. If the insurer will not explain its offer, contact the department's consumer services office.

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