Diminished Value Laws in All 50 States and DC
For each state, the table shows deadlines, fault rules and both kinds of claim: against the other driver and on your own policy.
- Other driver's insurer: Yes (2 by statute)
- 29
- Other driver's insurer: Likely, not settled
- 16
- Other driver's insurer: Limited
- 6
- Your own policy: Yes (Georgia and Oregon)
- 2
Counts cover all 51 rows (50 states and DC). Deadline to sue: 2 to 10 years, by state.
Diminished value is the amount of resale value a car loses after an accident goes on its record, even when the repairs are done right. The information here describes public law and does not offer legal advice.
When a row says "Likely, not settled" or "Not settled," no reported court ruling exists, so the usual damage rules govern. "Limited" means courts permit the claim only in certain cases, for example when repairs cannot bring a car back to its original state. "Policy decides" means your own policy language controls the outcome.
| State | File a claim with the other driver's insurer | File a claim on your own policy | Deadline to sue | Fault rule |
|---|---|---|---|---|
| Alabama | Likely, not settled | No, courts ruled | 6 years | Contributory negligence |
| Alaska | Likely, not settled | Not settled | 2 years | Pure comparative |
| Arizona | Yes | No, courts ruled | 2 years | Pure comparative |
| Arkansas | Yes, by statute | Not settled | 3 years | Modified comparative, 50% bar |
| California | Likely, not settled | Policy decides | 3 years | Pure comparative |
| Colorado | Yes | Policy decides | 3 years | Modified comparative, 50% bar |
| Connecticut | Yes | Policy decides | 2 years | Modified comparative, 51% bar |
| Delaware | Likely, not settled | No, courts ruled | 2 years | Modified comparative, 51% bar |
| District of Columbia | Yes | Not settled | 3 years | Contributory negligence |
| Florida | Yes | No, courts ruled | 2 years | Modified comparative, 51% bar |
| Georgia | Yes | Yes | 4 years | Modified comparative, 50% bar |
| Hawaii | Likely, not settled | Not settled | 2 years | Modified comparative, 51% bar |
| Idaho | Likely, not settled | Policy decides | 3 years | Modified comparative, 50% bar |
| Illinois | Yes | No, courts ruled | 5 years | Modified comparative, 51% bar |
| Indiana | Yes | No, courts ruled | 2 years | Modified comparative, 51% bar |
| Iowa | Yes | Not settled | 5 years | Modified comparative, 51% bar |
| Kansas | Yes | Policy decides | 2 years | Modified comparative, 50% bar |
| Kentucky | Yes | No, courts ruled | 2 years | Pure comparative |
| Louisiana | Yes, by statute | No, courts ruled | 2 years | Modified comparative, 51% bar |
| Maine | Likely, not settled | No, courts ruled | 6 years | Modified comparative, 50% bar |
| Maryland | Yes | Policy decides | 3 years | Contributory negligence |
| Massachusetts | Limited | No, courts ruled | 3 years | Modified comparative, 51% bar |
| Michigan | Limited | No, courts ruled | 3 years | Modified comparative, 51% bar |
| Minnesota | Likely, not settled | Policy decides | 6 years | Modified comparative, 51% bar |
| Mississippi | Yes | Policy decides | 3 years | Pure comparative |
| Missouri | Yes | Policy decides | 5 years | Pure comparative |
| Montana | Likely, not settled | Policy decides | 2 years | Modified comparative, 51% bar |
| Nebraska | Limited | Not settled | 4 years | Modified comparative, 50% bar |
| Nevada | Likely, not settled | Not settled | 3 years | Modified comparative, 51% bar |
| New Hampshire | Likely, not settled | Policy decides | 3 years | Modified comparative, 51% bar |
| New Jersey | Yes | Policy decides | 6 years | Modified comparative, 51% bar |
| New Mexico | Yes | No, courts ruled | 4 years | Pure comparative |
| New York | Limited | Policy decides | 3 years | Pure comparative |
| North Carolina | Yes | Not settled | 3 years | Contributory negligence |
| North Dakota | Limited | Not settled | 6 years | Modified comparative, 50% bar |
| Ohio | Yes | No, courts ruled | 2 years | Modified comparative, 51% bar |
| Oklahoma | Yes | Policy decides | 2 years | Modified comparative, 51% bar |
| Oregon | Likely, not settled | Yes | 6 years | Modified comparative, 51% bar |
| Pennsylvania | Yes | No, courts ruled | 2 years | Modified comparative, 51% bar |
| Rhode Island | Likely, not settled | Not settled | 10 years | Pure comparative |
| South Carolina | Yes | No, courts ruled | 3 years | Modified comparative, 51% bar |
| South Dakota | Yes | No, courts ruled | 6 years | Slight vs. gross negligence |
| Tennessee | Likely, not settled | No, courts ruled | 3 years | Modified comparative, 50% bar |
| Texas | Likely, not settled | No, courts ruled | 2 years | Modified comparative, 51% bar |
| Utah | Yes | Not settled | 4 years | Modified comparative, 50% bar |
| Vermont | Yes | Policy decides | 3 years | Modified comparative, 51% bar |
| Virginia | Yes | No, courts ruled | 5 years | Contributory negligence |
| Washington | Yes | Policy decides | 3 years | Pure comparative |
| West Virginia | Limited | Not settled | 2 years | Modified comparative, 51% bar |
| Wisconsin | Yes | No, courts ruled | 3 years | Modified comparative, 51% bar |
| Wyoming | Likely, not settled | Not settled | 4 years | Modified comparative, 51% bar |
Reading the Diminished Value States Table
Two questions divide diminished value states: can you make a claim against the driver at fault, and can you claim through your own insurer. Most jurisdictions allow the first type of claim but not the second, according to a report for the Connecticut General Assembly.
Claiming against the other driver's insurer. This kind of claim is a third-party claim. You bring the claim against the at-fault driver, and the insurer for that driver usually processes it through the liability coverage. No direct right to sue the insurer comes with it. The Connecticut report notes that this claim is based on tort law, meaning the rules that govern negligence.
Making a claim through your own insurer. You make a diminished value first party claim under the collision coverage in your own policy. Because it is grounded in contract law, the policy language determines the outcome. It is allowed by only a minority of courts. Georgia is the most familiar example: its Supreme Court decided in State Farm v. Mabry that the word "loss" covers this lost value.
Why Oregon seems backward. In Gonzales v. Farmers (Or. 2008), the Oregon Supreme Court ruled that an insurer must pay for the lost value under the policy if it does not put the car back the way it was before the crash. For a claim against the other driver, the only case we found is EAM Advertising Agency v. Helies (Or. App. 1998). That court said it would allow evidence of lost value, but no one offered any. So the row says "Likely, not settled."
Time limit to sue. The period comes from each state’s property damage deadline: it is the diminished value claim statute of limitations for car damage. Nolo keeps a chart of those deadlines. Your own policy may set a shorter deadline for a first-party claim, so check your policy language.
Fault rule. The fault rule governs what happens when you share some blame. Justia's survey groups states into three categories. In a contributory negligence state, any degree of fault on your part blocks recovery entirely. In a pure comparative negligence state, your compensation is reduced by the percentage of fault assigned to you. In states that use modified comparative negligence, an award falls to zero if your fault reaches 50 or 51 percent. The exact bar varies by state.
Sources for the table rows
Each row draws from official state code websites and published appellate court rulings. Where a row says "Likely, not settled" or "Not settled," we could not find a law or appeals court decision that answers that exact question. This does not mean your claim is blocked. Name the source and write to the footer contact address if any row seems wrong to you.
Anyone may reuse the table under CC BY 4.0, as long as the source given is the state rules table from diminishedvaluecalculator.org.
Common Questions From Drivers
In Which States Can I File a Diminished Value Claim?
A claim against the driver who caused the crash is available in most states. Find the row that matches your state, then open that state page for the specifics and the source.
Are Diminished Value Claims Allowed in Georgia?
They are: you can claim against the at-fault driver and, since State Farm v. Mabry (Georgia Supreme Court, 2001), under your own policy as well. The Georgia page walks you through the process.
Can a Diminished Value Claim Be Denied by an Insurer?
Yes. Proving the loss is your job, so a written demand letter should go out with an estimate or an appraisal and your repair records.
Is a Diminished Value Claim Worth It?
Yes, in many cases, if the car is fairly new, has low mileage, and the damage was serious. It might not make sense after a minor repair. The loss could be just a few hundred dollars, and an appraisal usually costs $300 to $600. Start with the free estimate, then decide what to do.
Do Insurance Companies Pay Diminished Value?
In most cases, yes. You can make this claim when the other driver caused the crash and your state allows it. If you use your own policy, the wording in that policy and your state rules control what happens. See how State Farm, GEICO, Progressive, Allstate, USAA and Liberty Mutual handle these claims.
Questions about your claim? Call to speak with someone who works on diminished value claims.
Call (855) 589-7222