Idaho
Diminished Value Overview
In Idaho, 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, Idaho 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. Idaho is considered a diminished value state, meaning this right is recognized under state law.
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01
Statute of Limitations
Idaho allows three 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 do not cover diminished value in Idaho, and uninsured or underinsured motorist coverage generally does not apply to diminished value claims.
04
Small Claims Court Limit
Idaho small claims court allows diminished value claims up to $5,000.
Idaho Diminished Value Law
Idaho law recognizes that a vehicle may suffer a measurable loss in market value after a collision, even when repairs are performed. When another driver is at fault, that loss is treated as an element of property damage and may be recovered in a third party claim.
Norton v. Terrell, 743 P.2d 1273 (Idaho Ct. App. 1987)
The Idaho Court of Appeals held that the proper measure of damages for harm to personal property includes the difference between the property’s value immediately before the loss and its value immediately after the loss, together with reasonable costs of repair. This measure applies whether the property (including an automobile) is repaired or not.