Delaware
Diminished Value Overview
In Delaware, a vehicle involved in a not at fault accident may lose market value even after repairs are completed. When another driver is responsible for the accident, Delaware law allows you to pursue compensation for that loss in value from the at fault driver’s insurance company as part of your property damage claim.
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01
Statute of Limitations
Delaware allows two years from the date of the accident to pursue a diminished value claim.
02
Third-Party Claims
Diminished value claims can be pursued against the at fault driver’s liability insurance when another driver caused the accident.
03
First-Party and Uninsured Motorist
Most first party policies exclude diminished value, but uninsured and underinsured motorist coverage can apply to diminished value in Delaware if you carry that optional coverage.
04
Small Claims Court Limit
Delaware small claims court allows diminished value claims up to $15,000.
Delaware Diminished Value Law
Delaware does not have reported Supreme Court decisions specifically addressing automobile diminished value. However, Delaware law recognizes that the purpose of tort damages is to compensate an injured party for the actual loss suffered when another party is at fault.
Delaware Tort Law Principle of Making the Injured Party Whole
Under Delaware tort law, damages are intended to place the injured party in the position they would have been in had the loss not occurred. When a vehicle is damaged in a collision caused by another driver, this principle allows recovery for the full measure of property damage, which may include any remaining loss in market value after repairs are completed.