South Carolina

Diminished Value Overview

In South Carolina, 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, South Carolina 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. South Carolina also recognizes diminished value claims when the loss is properly documented.

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We team up with you to provide clear, accurate diminished value guidance and documentation you can confidently use with insurers or in court.

01

Statute of Limitations

South Carolina 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 South Carolina exclude diminished value, but uninsured motorist property damage (UMPD) coverage may apply if you carry it. 

04

Small Claims Court Limit

South Carolina small claims court allows diminished value claims up to $7,500.


South Carolina Diminished Value Law

South Carolina recognizes diminished value as a recoverable element of property damage when a vehicle is damaged by another party’s negligence. When repairs do not fully restore a vehicle to its pre loss market value, the owner may recover the remaining loss in value as part of a third party property damage claim.

Newman v. Brown, 228 S.C. 472, 477, 90 S.E.2d 649, 652 (1955)

The South Carolina Supreme Court held that where personal property is damaged but repairable, the proper measure of damages ordinarily includes the cost of repairs plus the remaining diminution in value of the property. The court recognized that limiting recovery to repair costs alone would fail to fully compensate the injured party where the property’s market value remains reduced after repairs.