Maine
Diminished Value Overview
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.
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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.