Ohio
Diminished Value Overview
In Ohio, 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, Ohio 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. Ohio recognizes diminished value claims when the loss is properly documented and presented.
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01
Statute of Limitations
Ohio 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 Ohio exclude diminished value, but uninsured motorist property damage (UMPD) coverage may apply if you carry it.
04
Small Claims Court Limit
Ohio small claims court allows diminished value claims up to $6,000.
Ohio Diminished Value Law
Ohio courts recognize that a vehicle may suffer a loss in market value even after repairs are completed and that this remaining loss may be recoverable as part of a property damage claim. When a plaintiff can demonstrate that repairs do not fully restore a vehicle to its pre loss market value, Ohio law permits recovery of the remaining diminution in value in addition to reasonable repair costs, so long as the total recovery does not exceed the vehicle’s overall loss in value.
Braum v. Kinderdine, 2nd Dist. No. 26298, 2015 Ohio 696
The court held that a vehicle owner may pursue a diminished value claim even after repairs are completed where the evidence shows the vehicle is worth less after repair than it was before the collision. The court rejected the argument that completion of repairs alone bars recovery, recognizing that residual diminished value may remain despite proper repairs.
Rakich v. Anthem Blue Cross & Blue Shield, 172 Ohio App. 3d 523 (10th Dist. 2007)
The court acknowledged that diminished value is a compensable component of property damage when supported by evidence. Where a plaintiff establishes that a repaired vehicle has a lower market value than it did immediately before the loss, recovery may include both repair costs and the remaining diminution in value, so long as the total award does not result in a double recovery.