Diminished value claims by state / Nevada
Diminished value claims in Nevada
By the Reclaim research team · Last updated · Legal review pending
Nevada has no reported court decision on whether lost value after repair can be recovered from the at-fault driver, so the question is unsettled and general damages rules apply. A lawsuit for injuring personal property must be filed within three years under Nevada Revised Statutes 11.190(3)(c).
- Other driver at fault
- No reported decision found in the survey.
- Your own policy
- No decision found. Regulation speaks only to repair.
- Deadline to file suit
- 3 years
Claims against the at-fault driver
The 50-state survey we rely on found no Nevada decision on lost value after repair in a claim against the at-fault driver.
Without a controlling decision, a request for lost value rests on general damages principles and on proof that the repaired car is worth less than it was before the crash.
Claims under your own policy
No Nevada decision on lost value under an owner's own policy was found. Nevada's claim regulation says that when an insurer elects to repair a damaged automobile, it must have the car restored to its condition before the loss, at no added cost to the claimant beyond what the policy states, within a reasonable time (Nev. Admin. Code 686A.680(8)).
The regulation speaks to the repair itself, not to lost value. The wording of your own policy controls.
Filing deadline
Nevada gives three years for an action for taking, detaining or injuring personal property (Nev. Rev. Stat. 11.190(3)(c)).
That is the deadline for filing suit. A Nevada attorney can confirm how it applies to your dates.
How diminished value claims tend to go in Nevada
Nevada's claim regulations require an insurer to acknowledge a claim notice within 20 working days unless it pays within that time (Nev. Admin. Code 686A.665), and to tell a first-party claimant within 30 working days of proof of loss whether the claim is accepted or denied (Nev. Admin. Code 686A.675). Nevada law also lists failing to effectuate prompt, fair and equitable settlements of claims in which liability has become reasonably clear as an unfair practice (Nev. Rev. Stat. 686A.310).
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 Nevada Division of Insurance takes consumer complaints about how an insurer handled a claim. File with the Nevada Division of Insurance.
Next steps
Questions
- Does Nevada allow diminished value claims?
- Nevada has no reported decision either way on lost value after repair in a claim against the at-fault driver. A request rests on general damages principles and proof of the drop in value.
- What does Nevada require when an insurer repairs my car?
- Nev. Admin. Code 686A.680(8) requires the insurer to have the car restored to its condition before the loss, at no added cost beyond what the policy states, within a reasonable time.
- How long do I have in Nevada?
- Three years for an action for injuring personal property, under Nev. Rev. Stat. 11.190(3)(c).
- 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 Nevada 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 Nevada law, not legal advice. Laws and court decisions change. For advice on your own claim and dates, talk with a Nevada attorney.