Maine Diminished Value Claims
How Diminished Value Claims Work
In Maine, 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, Maine 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. A Maine diminished value claim allows you to recover the difference between what your vehicle was worth before the accident and what it is worth after repairs. Maine recognizes diminished value as part of a third party property damage claim.
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01
Statute of Limitations
Maine allows six 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 Maine do not cover diminished value, and uninsured or underinsured motorist coverage generally does not apply to diminished value claims.
04
Small Claims Court Limit
Maine small claims court allows diminished value claims up to $6,000.
Maine Diminished Value Law
Maine 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.
Collins v. Kelley, 133 Me. 410 (1935)
The Supreme Judicial Court of Maine held that in cases involving damage to motor vehicles, the proper measure of damages is the difference between the vehicle’s value before the accident and its value after the accident. The court made clear that repair costs may be considered in evaluating damages, but they are not controlling where credible evidence shows the vehicle remains worth less after repairs.
Maine Diminished Value FAQs
Below are answers to common questions about Maine diminished value claims, including how claims work, time limits, and how loss in market value is calculated after an accident.
Does Maine allow diminished value claims?
Yes. Maine allows third party diminished value claims when another driver is responsible for the accident.
Can I file a diminished value claim in Maine if I was not at fault?
Yes. The at fault driver’s insurer may be responsible for loss in market value in addition to repair costs.
Can I pursue diminished value against my own insurance in Maine?
Generally no, unless specifically included in the policy.
How is diminished value calculated in Maine?
There is no mandated formula. Market comparison of similar vehicles with and without accident history is commonly used to determine measurable loss.
What is the statute of limitations for diminished value in Maine?
Maine generally allows six years for property damage claims.
Do insurance companies pay diminished value in Maine?
Yes, but insurers typically require clear evidence of measurable market loss before issuing compensation.
Still have a question?
Drivers in northern New England may want to review how diminished value claims are handled in nearby states such as New Hampshire and Vermont.