New Hampshire
Diminished Value Overview
In New Hampshire, 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, New Hampshire 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
New Hampshire 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 in New Hampshire do not cover diminished value, and uninsured or underinsured motorist coverage generally does not apply to diminished value claims.
04
Small Claims Court Limit
New Hampshire small claims court allows diminished value claims up to $10,000.
New Hampshire Diminished Value Law
New Hampshire courts recognize that a vehicle does not automatically return to its original market value simply because it has been repaired. When a vehicle is damaged due to another party’s negligence, any remaining loss in market value may be recovered as part of a third party property damage claim.
Copadis v. Haymond, 94 N.H. 103 (1946)
The Supreme Court of New Hampshire held that damages for injury to an automobile may be measured by the difference between the vehicle’s value before and after the damage. The court further recognized that when repairs are performed but do not fully restore the vehicle’s original value, the remaining diminution in value is a compensable element of damages, in addition to reasonable repair costs and loss of use.