By the Reclaim research team · Last reviewed
How to file a diminished value claim
What a diminished value claim is, who you file it with, what it takes, and why the number is the hard part.
Short answer: A diminished value claim asks the at-fault driver's insurance company to pay for the market value your car lost because it now has an accident on its history. You file it in writing, after the repair, with proof of how much value was lost. Filing is the easy part. Proving the number is the hard part.
Diminished value is the drop in market value a repaired car carries because buyers can see the accident on its history. Researchers writing in the Journal of Insurance Regulation describe the most common type, inherent diminished value, as the stigma buyers attach to a car with a registered claim, even when the repair is good (Wells-Dietel, Erkan-Barlow and Walkowiak, 2023).
Can you file a diminished value claim?
Three things decide it.
- Whose insurance company. Most diminished value claims are third-party claims. You make them against the liability insurer of the driver who caused the crash. A claim under your own collision coverage is a first-party claim, and most policies and states do not pay diminished value there. Georgia is the main exception: in State Farm Mutual Automobile Insurance Co. v. Mabry (2001), the Georgia Supreme Court held that the insurer's obligation includes paying for lost value (opinion). A 50-state survey by Matthiesen, Wickert & Lehrer tracks how other states treat both kinds of claims (survey).
- Repaired, not totaled. Diminished value applies to a car that was repaired and kept. A totaled car is paid at actual cash value instead.
- Worth the effort. The loss tends to be larger on newer, higher-value, lower-mileage cars and on structural damage. An older, high-mileage car with a small cosmetic repair may show little market gap.
What does filing involve?
In outline, four things.
- Wait for the repair to finish. The final invoice shows what was actually replaced. Keep it, along with the repair photos and your records for the car.
- Work out how much value the car lost. This is the step that decides the claim. More on it below.
- Send the claim in writing to the adjuster handling the property damage, with your proof attached, so there is a dated record.
- Expect a counter. Many first responses are lower than the claim. Answer in writing.
Watch your state's deadline the whole time. Deadlines come from each state's limitation period for property damage, and they are not the same everywhere. Start at the diminished value claim state hub for your state.
Why is the number the hard part?
An insurance company does not have to take your word for what the car lost. It will ask how you got the number.
- A calculator figure is not proof. A number from an online calculator, with nothing behind it, is easy for an adjuster to set aside. The diminished value calculator is useful for a rough idea. Treat it as a starting point.
- Insurers often answer with a formula. The best known is 17c. A formula produces a number without anyone looking at the market for your car.
- Market proof is work. Showing what buyers actually pay for a car like yours with an accident on its history, against one without, takes real cars, a careful comparison, and time.
For a larger claim, some owners pay for an independent appraisal. See diminished value appraisal: what it is, cost, how to get one for when that is worth paying for.
What is the 17c formula?
17c came out of the Georgia Mabry litigation. After the 2001 decision, State Farm developed a method that the Muscogee County Superior Court approved in 2002, as described by the Eleventh Circuit in Tiller v. State Farm (2013) (opinion).
As the Eleventh Circuit and the Journal of Insurance Regulation describe it, 17c starts with the car's pre-loss book value, caps the diminished value at 10% of that value, then multiplies by a damage modifier and a mileage modifier, each between zero and one. In Tiller, a car with more than 100,000 miles got a mileage modifier of zero.
In Tiller, one plaintiff's 17c result was $48.76. The Journal of Insurance Regulation article notes common criticisms of the formula: mileage is already reflected in the book value, so the mileage modifier can count it twice, and the formula involves no post-repair inspection.
Whether to accept a counter is your decision. Reclaim does not make that call for you on a third-party claim.
What else can you claim?
Diminished value is one part of a property damage claim. If you were without your car while it was in the shop, see loss of use: what you can claim and how much.
This page is general information, not legal advice about your specific claim.
Questions
- Can I file a diminished value claim with my own insurance?
- Usually not. Most diminished value claims are third-party claims against the at-fault driver's insurer. First-party diminished value under your own collision coverage depends on your policy and state. Georgia is the clearest state where courts have required it, after State Farm v. Mabry in 2001.
- Do I have to wait until repairs are finished?
- It helps. The final repair invoice shows what was actually replaced, which drives how buyers see the history. Most people file after the car is back and the final invoice is in hand.
- How long do I have to file?
- Deadlines depend on your state's limitation period for property damage, and the insurer may have its own reporting timelines. Check the state hub on this site and confirm the current rule for your state before you wait.
- What is the 17c formula?
- 17c is a diminished value formula that came out of the Georgia Mabry litigation. It starts from a percentage cap of the car's pre-loss book value and then reduces it with a damage modifier and a mileage modifier. Some insurers use it or something like it outside Georgia. It is a method, not a statute.
- Do I need a paid appraisal to file?
- Not always. What you need is proof of the value loss that an insurer cannot wave away. A number from an online calculator, with nothing behind it, usually is not that. The guide to diminished value appraisals on this site explains when a paid appraisal tends to be worth the cost.
- What if I caused the accident?
- A third-party diminished value claim is made against the at-fault driver's insurer, so it generally is not available when you were the at-fault driver.