Montana
Diminished Value Overview
In Montana, 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, Montana 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
Montana allows two 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 Montana do not cover diminished value, and uninsured or underinsured motorist coverage generally does not apply to diminished value claims.
04
Small Claims Court Limit
Montana small claims court allows diminished value claims up to $7,000.
Montana Diminished Value Law
Montana courts recognize that damages to personal property are measured by the loss in value caused by the injury. When a vehicle is damaged due to another party’s negligence and repairs do not fully restore it to its original condition and value, the resulting loss in market value may be recovered as part of a property damage claim.
Restatement (Second) of Torts § 928 – Harm to Chattels
The Restatement provides that when personal property is damaged but not destroyed, damages include compensation for the difference between the value of the property before the harm and its value after the harm. In appropriate cases, damages may also include the reasonable cost of repair, with an allowance for any remaining loss in value after repairs are completed.