Illinois
Diminished Value Overview
In Illinois, 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, Illinois 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. Illinois is considered a diminished value state, meaning this right is recognized under state law.
Save Time
Higher Payouts
Market Accuracy
Insurance Ready
WORKING TOGETHER
We team up with you to provide clear, accurate diminished value guidance and documentation you can confidently use with insurers or in court.
01
Statute of Limitations
Illinois allows five 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 in Illinois exclude diminished value, but uninsured motorist property damage (UMPD) coverage may apply if you carry it.
04
Small Claims Court Limit
Illinois small claims court allows diminished value claims up to $10,000.
Illinois Diminished Value Law
Illinois law recognizes that a vehicle may suffer a loss in market value after a collision, even when repairs are completed. When another party is at fault, that loss may be recovered as part of a third party property damage claim.
Trailmobile Division of Pullman, Inc. v. Higgs, 12 Ill. App. 3d 323 (1973)
The Illinois Appellate Court held that when personal property is damaged but repairable, the proper measure of damages includes the reasonable cost of repairs and any remaining difference between the property’s market value before the injury and its value after repairs are completed. If the repaired property is worth less than it was before the loss, that residual loss in value is a compensable element of damages.