Diminished value claims by state / Florida
Diminished value claims in Florida
By the Reclaim research team · Last updated · Legal review pending
In Florida, diminished value is generally recoverable from the at-fault driver as repair cost plus any remaining loss in value, but your own policy generally does not pay it after a first-rate repair. For crashes after March 24, 2023, a negligence lawsuit generally must be filed within two years.
- Other driver at fault
- Repair cost plus lost value (McHale v. Farm Bureau, 1982; jury instruction 501.2(h)).
- Your own policy
- Generally no after a first-rate repair (Siegle v. Progressive, 2002).
- Deadline to file suit
- 2 years
Claims against the at-fault driver
Florida's standard civil jury instruction on property damage, 501.2(h), measures damage to a car by the reasonable cost of repair, with due allowance for any difference between its value right before the crash and its value after repair.
In McHale v. Farm Bureau (1982), a Florida appeals court said repair cost plus diminution in value will ordinarily be the proper measure, with the burden on the owner to prove the added loss in value.
Florida requires vehicle owners to carry property damage liability coverage (Fla. Stat. 324.022). That is the coverage a claim against the at-fault driver usually draws on.
Claims under your own policy
In Siegle v. Progressive Consumers Insurance Co. (2002), the Florida Supreme Court held that a collision policy letting the insurer repair or replace the car "with other of like kind and quality" does not require it to pay for lost market value after a first-rate repair that restores performance, appearance, and function.
Policies differ. The wording of your own policy controls what it covers.
Filing deadline
Florida's 2023 civil remedies law (HB 837, chapter 2023-15) cut the period for negligence actions from four years to two (Fla. Stat. 95.11(5)(a)). The shorter period applies to claims that arose after March 24, 2023.
Florida law also lists a four-year period for actions for injuring personal property (Fla. Stat. 95.11(4)(g)). Which period governs a negligence claim for car damage is a legal question. Two years from the crash is the conservative date to keep in mind, and a Florida attorney can confirm which applies.
How diminished value claims tend to go in Florida
Insurers commonly cite Siegle when a first-party request comes in, and ask for proof of lost value on a third-party claim, since the owner carries that burden under McHale.
Many insurers answer a diminished value request with a formula rather than a market study. The best known is the 17c formula, which came out of the Georgia class actions over first-party claims that followed State Farm v. Mabry; its name comes from paragraph 17(c) of an injunction in one of them. It starts from a capped share of the car's value before the crash, then reduces it with damage and mileage modifiers. A law-firm survey notes it was built for that class action and has not been formally adopted for general use.
Adjusters commonly ask for proof that the repaired car is worth less, not only proof that it was damaged. Records that tend to matter: the final repair invoice and photos, the estimate showing any structural or frame work, the vehicle history report entry, and written market evidence such as dealer quotes or listings for the same car with and without an accident history.
Lost value is easiest to show once repairs are finished, because the value after repair is what gets compared with the value before the crash.
If you have a complaint about claim handling
In Florida, consumer insurance complaints go to the Department of Financial Services, Division of Consumer Services. File with the Florida Department of Financial Services, Division of Consumer Services.
Next steps
Questions
- Does Florida allow diminished value claims?
- Yes, against the at-fault driver. Florida's standard jury instruction allows repair cost with an allowance for any lost value after repair. Claims under your own collision coverage are generally limited by Siegle v. Progressive (2002).
- What is the deadline for a diminished value claim in Florida?
- For negligence claims that arose after March 24, 2023, Fla. Stat. 95.11(5)(a) sets two years. Florida law also lists four years for injuring personal property, so confirm which applies with a Florida attorney. Plan around the earlier date.
- Does Florida's no-fault coverage pay for lost value?
- A claim for lost value against the at-fault driver usually draws on that driver's property damage liability coverage, which Florida requires under Fla. Stat. 324.022.
- Does Reclaim handle the claim for me?
- No. Reclaim does not contact your insurer or act for you. This page is general information, not legal advice, and you stay in charge of your claim.
Check your Florida diminished value for free
If you kept the car after repairs and the other driver's insurer is handling the claim, the free check gives you an objective figure. It is not a recovery target.
- Who was at fault, and whether the repairs are finished.
- Roughly what the car was worth and what the repairs cost.
- Then your name and number, and the repair invoice.
This page is general information about Florida law, not legal advice. Laws and court decisions change. For advice on your own claim and dates, talk with a Florida attorney.