| Alabama | Allowed | 2 years
Ala. Code § 6-2-38(l) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. Deadline: 2 years for ordinary negligent property damage; 6 years (§ 6-2-34) only for conversion or wanton/intentional harm to property. |
| Alaska | Allowed | 2 years
Alaska Stat. § 09.10.070(a) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
R & Y, Inc. v. Municipality of Anchorage, 34 P.3d 289 (Alaska 2001) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Arizona | Allowed | 2 years
A.R.S. § 12-542(3) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Farmers Ins. Co. v. R.B.L. Investment, Inc., 675 P.2d 1381 (Ariz. 1983) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Arkansas | Allowed | 3 years
Ark. Code Ann. § 16-56-105(6) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| California | Allowed | 3 years
Cal. Code Civ. Proc. § 338(c)(1) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Colorado | Allowed | 3 years
C.R.S. § 13-80-101(1)(n)(I) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Trujillo v. Wilson, 189 P.2d 147 (Colo. 1948); Airborne, Inc. v. Denver Air Center, 832 P.2d 1086 (Colo. App. 1992) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Connecticut | Allowed | 2 years
Conn. Gen. Stat. § 52-584 | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Delaware | Allowed | 2 years
10 Del. C. § 8107 | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| District of Columbia | Allowed | 3 years
D.C. Code § 12-301(a)(3) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Florida | Allowed | 2 years
Fla. Stat. § 95.11(5)(a) (formerly (4)(a); 2023 HB 837) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence. Florida's no-fault (PIP) system covers injuries, not vehicle damage, so the at-fault driver's property damage liability coverage applies. Deadline: HB 837 cut negligence actions to 2 years for crashes on or after March 24, 2023 (4 years before); treat 2 years as the safe deadline even though § 95.11(3) still lists 4 years for injury to personal property.
McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 1982) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Georgia | Allowed | 4 years
O.C.G.A. § 9-3-31 | Allowed against the at-fault driver under the general market-value rule; Georgia's well-known Mabry decision concerns first-party claims under your own policy, not this claim.
Perma Ad Ideas of America v. Mayville, 282 S.E.2d 128 (Ga. 1981) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023); State Farm v. Mabry, 556 S.E.2d 114 (Ga. 2001) is first-party only |
| Hawaii | Allowed | 2 years
Haw. Rev. Stat. § 657-7 | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Idaho | Allowed | 3 years
Idaho Code § 5-218(3) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Illinois | Allowed | 5 years
735 ILCS 5/13-205 | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Trailmobile Division of Pullman, Inc. v. Higgs, 297 N.E.2d 598 (Ill. 1973) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Indiana | Allowed | 2 years
Ind. Code § 34-11-2-4(a)(2) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Wiese-GMC, Inc. v. Wells, 626 N.E.2d 595 (Ind. 1993) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Iowa | Allowed | 5 years
Iowa Code § 614.1(4) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Halferty v. Hawkeye Dodge, 158 N.W.2d 750 (Iowa 1968) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Kansas | Allowed | 2 years
K.S.A. 60-513(a)(2) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Broadie v. Randall, 216 P. 1103 (Kan. 1923) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Kentucky | Allowed | 2 years
KRS 413.125 | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Louisiana | Allowed | 2 years
La. Civ. Code art. 3493.1 (2024 La. Acts No. 423) | Allowed by statute: an owner whose vehicle is damaged by a third party's negligence may recover the diminution in value, capped so total damages do not exceed the pre-crash market value. Deadline: 2 years for damage sustained on or after July 1, 2024; damage before that date keeps the old 1-year period (La. C.C. art. 3492).
La. R.S. 9:2800.17 (Acts 2010, No. 725); Orillac v. Solomon, 765 So. 2d 1185 (La. 2000) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Maine | Allowed | 6 years
14 M.R.S. § 752 | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Maryland | Allowed | 3 years
Md. Code, Cts. & Jud. Proc. § 5-101 | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Fred Frederick Motors, Inc. v. Krause, 277 A.2d 464 (Md. 1971) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Massachusetts | Limited | 3 years
Mass. Gen. Laws ch. 260, § 2A | Recoverable from the at-fault driver, and the SJC held the 2008 standard auto policy obliges liability insurers to pay inherent diminished value to third-party claimants, but a federal court read the 2016 standard policy as excluding it, so insurer payment depends on the policy edition.
McGilloway v. Safety Ins. Co., 488 Mass. 610 (2021) (2008 policy); Merullo v. Amica Mut. Ins. Co., 2022 WL 17417717 (D. Mass. 2022) (2016 policy) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Michigan | Limited | 3 years
MCL 600.5805(2) | No-fault state: a claim against the at-fault driver for vehicle damage is limited to the 'mini-tort' (currently up to $3,000), which covers repair costs and any loss of value combined. The $3,000 cap applies to crashes after July 1, 2020 ($1,000 before), per 2019 PA 22.
MCL 500.3135(3)(e) |
| Minnesota | Allowed | 6 years
Minn. Stat. § 541.05, subd. 1(4) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Mississippi | Allowed | 3 years
Miss. Code Ann. § 15-1-49(1) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Missouri | Allowed | 5 years
Mo. Rev. Stat. § 516.120(4) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Montana | Allowed | 2 years
Mont. Code Ann. § 27-2-207 | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Nebraska | Limited | 4 years
Neb. Rev. Stat. § 25-207(2) | Nebraska is the outlier: under Chlopek v. Schmall, a repaired vehicle's damages are generally the repair cost plus loss of use, and insurers routinely rely on it to refuse post-repair loss-of-value claims; no Nebraska statute bars the claim, but expect a denial and consider a local attorney.
Chlopek v. Schmall, 396 N.W.2d 103 (Neb. 1986) |
| Nevada | Allowed | 3 years
Nev. Rev. Stat. § 11.190(3)(c) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| New Hampshire | Allowed | 3 years
N.H. Rev. Stat. § 508:4, I | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| New Jersey | Allowed | 6 years
N.J.S.A. 2A:14-1(a) | Allowed; New Jersey uses the before-and-after market value measure, and the Appellate Division recognized an accident-history loss of value as a real, non-speculative loss.
Jones v. Lahn, 63 A.2d 804 (N.J. 1949); Financial Services Vehicle Trust v. Panter, 204 A.3d 303 (N.J. Super. App. Div. 2019) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| New Mexico | Allowed | 4 years
NMSA 1978, § 37-1-4 | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Hubbard v. City of Albuquerque, 958 P.2d 111 (N.M. 1998) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| New York | Allowed | 3 years
N.Y. CPLR 214(4) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence. New York's no-fault system covers injuries, not vehicle damage.
Rosenfield v. Choberka, 529 N.Y.S.2d 455 (N.Y. 1988) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| North Carolina | Allowed | 3 years
N.C. Gen. Stat. § 1-52(4) | Allowed; North Carolina's financial responsibility law expressly contemplates claims for the loss in fair market value and gives a dispute procedure using independent valuations when the parties' numbers are far apart.
N.C. Gen. Stat. § 20-279.21(d1) |
| North Dakota | Allowed | 6 years
N.D. Cent. Code § 28-01-16(4) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Ohio | Allowed | 2 years
Ohio Rev. Code § 2305.10(A) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Oklahoma | Allowed | 2 years
12 Okla. Stat. § 95(A)(3) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Oregon | Allowed | 6 years
Or. Rev. Stat. § 12.080(4) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence. Courts require solid proof that repairs did not restore value.
EAM Advertising Agency, Inc. v. Helies, 954 P.2d 812 (Or. App. 1998) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Pennsylvania | Allowed | 2 years
42 Pa.C.S. § 5524(3) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Rhode Island | Allowed | 10 years
R.I. Gen. Laws § 9-1-13(a) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| South Carolina | Allowed | 3 years
S.C. Code Ann. § 15-3-530(4) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Newman v. Brown, 90 S.E.2d 649 (S.C. 1955) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| South Dakota | Allowed | 6 years
SDCL § 15-2-13(4) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Tennessee | Allowed | 3 years
Tenn. Code Ann. § 28-3-105(1) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Texas | Allowed | 2 years
Tex. Civ. Prac. & Rem. Code § 16.003(a) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Ludt v. McCollum, 762 S.W.2d 575 (Tex. 1988) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Utah | Allowed | 4 years
Utah Code § 78B-2-307(3) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. Deadline: motor-vehicle property damage is carved out of the general 3-year property rule (§ 78B-2-305) into the 4-year rule. |
| Vermont | Allowed | 3 years
12 V.S.A. § 512(5) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Virginia | Allowed | 5 years
Va. Code § 8.01-243(B) | Allowed; courts apply the before-and-after market value measure to vehicle damage caused by another's negligence.
Averett v. Shircliff, 237 S.E.2d 92 (Va. 1977) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Washington | Allowed | 3 years
RCW 4.16.080(2) | Allowed under the general rule that property damage is measured by the loss in market value; Washington's Supreme Court treats post-repair loss of value as a real loss (in a first-party case), so expect the insurer to demand proof of the post-repair loss. |
| West Virginia | Allowed | 2 years
W. Va. Code § 55-2-12(a) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |
| Wisconsin | Allowed | 3 years
Wis. Stat. § 893.52(2) | Allowed; an owner may recover repair costs plus residual loss of value, but must prove the repairs did not restore pre-crash value. Deadline: 3 years for motor-vehicle crashes (2015 Wis. Act 133); other property damage remains 6 years.
Hellenbrand v. Hilliard, 687 N.W.2d 37 (Wis. App. 2004) (as cited in Claims Journal, 'Automobile Third-Party Diminution in Value Claims', Sept. 2023) |
| Wyoming | Allowed | 4 years
Wyo. Stat. § 1-3-105(a)(iv)(B) | Allowed under the general rule that property damage is measured by the loss in market value; no state-specific appellate ruling located, so expect the insurer to demand proof of the post-repair loss. |