New York
Diminished Value Overview
In New York, 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 York 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 York recognizes diminished value claims when properly supported with evidence and documentation.
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01
Statute of Limitations
New York 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 York 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 York small claims court allows diminished value claims up to $10,000.
New York Diminished Value Law
New York does not have a single controlling appellate decision dedicated exclusively to automobile diminished value claims. However, New York courts consistently apply the long established principle that a plaintiff is entitled to be made whole for property damage caused by another party’s negligence. When repairs do not fully restore a vehicle to its pre loss market value, recovery of the remaining diminution in value is permitted as part of a property damage claim.
Rosenfield v. Choberka, 140 Misc. 2d 9 (N.Y. Sup. Ct. 1988)
The court held that when repairs do not make the plaintiff whole, the proper measure of damages includes both the reasonable cost of repairing the physical damage and the difference between the vehicle’s market value immediately before the accident and its market value after repairs are completed. The court expressly rejected limiting recovery to repair costs alone when a loss in value remains.
Franklin Corp. v. Prahler, Supreme Court of the State of New York, Appellate Division, Fourth Department (2011)
The Appellate Division reaffirmed that the purpose of tort damages under New York law is to make the injured party whole. Where personal property is damaged by another’s negligence and suffers a loss in market value, recovery of that diminution is required to fully compensate the injured party.