Diminished value claims by state / Idaho
Diminished value claims in Idaho
By the Reclaim research team · Last updated · Legal review pending
Idaho has no reported appellate decision on lost value after repair, so a claim against the at-fault driver rests on general damages rules and proof of the drop in value. A lawsuit for injuring goods or chattels, which includes a car, must be filed within three years.
- Other driver at fault
- No reported decision found in the survey.
- Your own policy
- No decision found. The policy wording controls.
- Deadline to file suit
- 3 years
Claims against the at-fault driver
The 50-state survey we rely on found no Idaho decision on lost value after repair in a claim against the at-fault driver. The question is unsettled, so general damages rules apply and the owner has to show the drop in value.
Records that compare the car's value before the crash with its value after repair carry the most weight when there is no Idaho case directly on point.
Claims under your own policy
No Idaho decision was found on lost value under an owner's own auto policy. The policy wording controls.
Idaho has a statute on attorney fees in claims under your own policy. If an insurer fails to pay the amount justly due within 30 days after proof of loss is furnished as the policy requires, and a court later rules for the insured, the insurer pays reasonable attorney fees (Idaho Code 41-1839). Uninsured and underinsured motorist claims have a 60-day window.
Filing deadline
Idaho gives three years for an action for taking, detaining, or injuring any goods or chattels (Idaho Code 5-218). Damage to a car falls under that rule.
That is the deadline for filing suit. An Idaho attorney can confirm how it applies to your dates.
How diminished value claims tend to go in Idaho
Idaho's insurance code lists unfair claim settlement practices, including failing to act reasonably promptly on claim communications, refusing to pay claims without a reasonable investigation, and offering substantially less than the amount ultimately recovered so that an insured has to sue (Idaho Code 41-1329).
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
The Idaho Department of Insurance's Consumer Affairs section takes complaints about insurers and agents, including how a claim was handled. File with the Idaho Department of Insurance.
Next steps
Questions
- Does Idaho allow diminished value claims?
- Idaho courts have not ruled on it directly. A claim against the at-fault driver rests on general damages rules, and the owner has to prove the drop in value after repair.
- How long do I have in Idaho?
- Three years to file a lawsuit for injuring goods or chattels, under Idaho Code 5-218.
- What if my own insurer does not pay within 30 days?
- Under Idaho Code 41-1839, an insurer that fails to pay the amount justly due within 30 days after proof of loss pays reasonable attorney fees if the insured later wins in court or arbitration. Whether lost value is due under your policy depends on its wording.
- 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 Idaho 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 Idaho law, not legal advice. Laws and court decisions change. For advice on your own claim and dates, talk with a Idaho attorney.