West Virginia
Diminished Value Overview
In West Virginia, 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, West Virginia 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. West Virginia recognizes diminished value claims when the loss is properly documented.
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01
Statute of Limitations
West Virginia 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 West Virginia exclude diminished value, but uninsured motorist property damage (UMPD) coverage may apply if you carry it.
04
Small Claims Court Limit
West Virginia small claims court allows diminished value claims up to $10,000.
West Virginia Diminished Value Law
West Virginia courts recognize that repair costs alone do not necessarily restore a damaged vehicle to its pre loss condition or value. When a vehicle is damaged due to another party’s negligence and repairs fail to return it to the same condition and market value it had before the accident, the remaining loss in value may be recovered as part of a third party property damage claim. In appropriate cases, the proper measure of damages includes both the reasonable cost of repairs and the resulting diminution in value.
Ellis v. King, 400 S.E.2d 235 (W. Va. 1990)
The Supreme Court of Appeals of West Virginia held that damages to personal property are not limited to the cost of repairs actually performed when those repairs do not place the property in as good a condition as it was before the injury. The court explained that in such cases, the cost of repairs together with the diminution in value of the property will ordinarily constitute the proper measure of damages.
The court further recognized that diminution in value is recoverable when, after repair, the damaged vehicle cannot be returned to its pre accident condition. Where structural damage affects the integrity, future use, or market perception of the vehicle, a loss in value may remain even after repairs are completed, and that loss represents a compensable economic injury.