Diminished Value by State
What to Know About Diminished Value in Your State
Every State Handles This Differently
Diminished value law isn't uniform anywhere in the U.S. — Louisiana gives you just one year to file a claim, while Rhode Island gives you ten. Georgia is one of the few states where you can pursue diminished value under your own policy; most states restrict it to a claim against the at-fault driver's insurer. Michigan's no-fault system caps recovery through a “mini-tort” statute at $3,000, and North Dakota's courts generally don't recognize a traditional post-repair diminished value claim at all. If you were in an accident that wasn't your fault, what you're entitled to — and how long you have to claim it — depends entirely on which state the accident happened in.
Quick Comparison: How States Differ
- Shortest filing window: Louisiana — 2 years from the date of the accident, governed by statute (La. R.S. § 9:2800.17) rather than case law.
- Longest filing window: Rhode Island — 10 years, far longer than any neighboring state.
- Highest small claims cap: Tennessee — $25,000.
- Lowest small claims cap: Kentucky — $2,500.
- First-party claims allowed: Georgia is a clear example — recovery under your own policy plus UM/UIM coverage, unlike most states where diminished value is a third-party-only claim against the at-fault driver's insurer.
- No-fault outlier: Michigan handles diminished value through a “mini-tort” statute (MCL § 500.3135), capped at $3,000.
- Limited recognition: North Dakota generally treats repair cost plus loss of use as the standard measure of damages rather than a traditional diminished value claim.
Statute of Limitations & Small Claims Cap by State
| State | Statute of Limitations | Small Claims Cap | Total Loss Services Available | Diminished Value Services Available |
|---|---|---|---|---|
| Alabama | 2 years | $6,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Alaska | 2 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Arizona | 2 years | $5,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Arkansas | 3 years | $5,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| California | 3 years | $12,500 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Colorado | 3 years | $7,500 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Connecticut | 2 years | $5,000 | Not Currently Available | Not Currently Available |
| Delaware | 2 years | $15,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| District of Columbia | 3 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Florida | 4 years | $8,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Georgia | 4 years | $15,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Hawaii | 2 years | $5,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Idaho | 3 years | $5,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Illinois | 5 years | $10,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Indiana | 2 years | $8,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Iowa | 5 years | $6,500 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Kansas | 2 years | $4,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Kentucky | 2 years | $2,500 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Louisiana | 2 years | $5,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Maine | 6 years | $6,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Maryland | 3 years | $5,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Massachusetts | 3 years | $7,000 | Not Currently Available | Not Currently Available |
| Michigan | 3 years | $3,000 (mini-tort cap) | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Minnesota | 6 years | $15,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Mississippi | 3 years | $3,500 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Missouri | 5 years | $5,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Montana | 2 years | $7,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Nebraska | 4 years | $7,500 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Nevada | 3 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| New Hampshire | 3 years | $10,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| New Jersey | 2 years | $5,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| New Mexico | 4 years | $10,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| New York | 3 years | $10,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| North Carolina | 3 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| North Dakota | Limited recognition — see guide | N/A | Not Currently Available | Not Currently Available |
| Ohio | 2 years | $6,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Oklahoma | 2 years | $10,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Oregon | 2 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Pennsylvania | 2 years | $12,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Rhode Island | 10 years | $5,000 | Not Currently Available | Not Currently Available |
| South Carolina | 3 years | $7,500 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| South Dakota | 6 years | $12,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Tennessee | 3 years | $25,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Texas | 2 years | $20,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Utah | 3 years | $20,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Vermont | 3 years | $5,000 | Not Currently Available | Not Currently Available |
| Virginia | 5 years | $5,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Washington | 3 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| West Virginia | 2 years | $10,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
| Wisconsin | 6 years | $10,000 | Total Loss Appraisal Clause Service | Full Diminished Value Service (Report + Claim Negotiation) |
| Wyoming | 4 years | $6,000 | Total Loss Appraisal Clause Service | Diminished Value Report Only |
Diminished Value: Common Questions
Common questions about how diminished value claims work across different states.
Does every state allow diminished value claims?
Most do, but not identically. The large majority recognize third-party diminished value claims when another driver is at fault. A handful, like North Dakota, generally don't recognize a traditional post-repair claim, and a few, like Michigan, route it through a different legal mechanism entirely (a no-fault mini-tort statute).
What's the difference between a first-party and third-party diminished value claim?
A third-party claim is filed against the at-fault driver's insurance company, this is how most states handle it. A first-party claim is filed under your own policy, which most insurers exclude by default. Georgia is a notable exception that allows first-party diminished value recovery, including through UM/UIM coverage.
Which states have the longest and shortest deadlines to file?
Rhode Island gives you the most time, at 10 years. Louisiana gives you the least, at just 1 year. Everything else falls somewhere in between, typically 2 to 6 years.
Why do small claims caps matter for a diminished value claim?
If your claim amount fits under your state's small claims limit, you may be able to resolve it without hiring an attorney or filing a full civil suit. Caps range from $2,500 in Kentucky to $25,000 in Tennessee, so where the accident happened affects your options.
My state isn't fully "available" on the map, can I still get help?
Yes. The map's coloring reflects which services Premier DV currently offers in each state (full service, report-only, or not yet available), it doesn't mean diminished value law doesn't apply there. Contact us to find out what's available for your situation.
Still have a question?
Every state has its own rules, and details can change. Reach out and we'll walk you through what applies to your situation.