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Diminished Value Claim in Virginia

Yes against the at-fault driver's insurer, but Virginia's contributory negligence rule means any fault of yours can sink the claim.

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
5 years
Your share of the blame
Contributory negligence
Minimum coverage for property damage
$25,000

The first question in a diminished value claim in Virginia is not the size of the loss. It is whether you were at fault at all, because Virginia does not split blame between drivers.

Even Slight Fault Can End the Claim

According to Justia's survey of fault rules, Virginia uses a contributory negligence model. The idea is old. No person is entitled to recover from someone else for damages caused by their own act or neglect.

In practice, a small share of blame can cost you the whole claim. The adjuster knows this and will ask about your speed, your lane and your turn signal. Gather photos, the police report and witness names early. If fault is in dispute, a talk with a lawyer can be worth the time.

Repairs Plus Depreciation Under Averett

When fault is clear, Virginia law favors the owner. In Averett v. Shircliff, from 1977, the Supreme Court of Virginia dealt with a car that repairs could restore. There the damages were the cost of repairs plus depreciation. That depreciation is the lost value.

The legislature uses the term too. Va. Code § 46.2-1600 defines diminished value compensation as what an insurer pays a third party vehicle owner in addition to the cost of repairs. So the at-fault driver's insurer is the one to ask.

Your own policy is another matter. In Bickel v. Nationwide, from 1965, the court found the loss in value was not recoverable under the policy, per the Matthiesen, Wickert & Lehrer survey.

Five Years to Sue

Virginia gives you a long window. Under Va. Code § 8.01-243(B), every action for injury to property must be brought within five years after the cause of action accrues.

The Policy Floor and the Small Claims Cap

For policies that took effect on or after Jan. 1, 2025, the Virginia DMV lists a $25,000 property damage minimum. That amount is all a minimum policy pays for repairs and lost value combined.

Small claims court hears cases seeking up to $5,000, so a larger loss belongs in a higher court. If an insurer delays without a reason, file with the Virginia Bureau of Insurance.

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

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