New Jersey
Diminished Value Overview
In New Jersey, 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 Jersey 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. New Jersey recognizes diminished value claims when the loss is properly documented.
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01
Statute of Limitations
New Jersey 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 New Jersey 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 Jersey small claims court allows diminished value claims up to $5,000.
New Jersey Diminished Value Law
New Jersey law recognizes that a vehicle does not automatically return to its full market value simply because it has been repaired. When a vehicle is damaged due to another party’s negligence, and the repairs do not fully restore the vehicle to its pre accident value, the remaining loss in market value may be recovered as part of a third party property damage claim.
Jones v. Lahn, 1 N.J. 358 (1949)
The Supreme Court of New Jersey held that, absent total destruction, the general measure of damages for injury to an automobile is the difference between the vehicle’s market value immediately before and immediately after the injury.
Fanfarillo v. East End Motor Co., 172 N.J. Super. 309 (App. Div. 1980)
The Appellate Division clarified that when repairs do not restore a vehicle to its former value, the owner may recover the diminished value of the vehicle in addition to reasonable repair costs, provided the post repair value is less than the pre accident value.
Premier XXI Claims Management v. Rigstad, 381 N.J. Super. 281 (App. Div. 2005)
The court reaffirmed that a plaintiff may prove property damages either by demonstrating the cost of repairs together with the remaining loss in value after repair, or by showing the difference between the vehicle’s market value before and after the accident.
Financial Services Vehicle Trust v. Panter, 2019 N.J. Super. LEXIS 28 (App. Div. 2019)
The Appellate Division confirmed that a vehicle owner may recover for diminution in value following an accident when supported by proper evidence establishing a post repair loss in market value.