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How long you have to bring a claim
A diminished value claim sits under your state's general limitation period for property damage. That period runs from two years to ten depending on where the accident happened. Pick your state to see yours.
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Every one of the 51 jurisdictions below has a recorded period, court and regulator.
All 51 jurisdictions
The limitation period, the court that hears a claim of this size, and what that court will take. Every row is checked against the statute or the court's own rules rather than copied from another site.
| State | Deadline | Small claims court | Limit |
|---|---|---|---|
| Alabama | 2 years2y § 6-2-38(l) | Small Claims Court (a division of the District Court) | $6,000 |
| Alaska | 2 years2y AS 09.10.070 | Small Claims (District Court, heard by a magistrate judge) | $10,000 |
| Arizona | 2 years2y § 12-542 | Small Claims Division of the Justice Court | $5,000 |
| Arkansas | 3 years3y § 16-56-105 | Small Claims Division of the District Court | $5,000 |
| California | 3 years3y CCP § 338(c)(1) | Small Claims Division of the Superior Court | $12,500 (a company or other entity may claim only $6,250) |
| Colorado | 3 years3y § 13-80-101(1)(n) | Small Claims Court (a division of the County Court) | $7,500 |
| Connecticut | 2 years2y § 52-584 | Small Claims (Superior Court) | $5,000 ($15,000 for a home improvement contract) |
| Delaware | 2 years2y 10 Del. C. § 8107 | Justice of the Peace Court | $25,000 |
| District of Columbia | 3 years3y § 12-301(8) | Small Claims and Conciliation Branch of the Superior Court | $10,000 |
| Florida | 2 years2y § 95.11(3) (was 4y before 3/24/2023) | County Court, small claims | $8,000 |
| Georgia | 4 years4y § 9-3-32 | Magistrate Court | $15,000 |
| Hawaii | 2 years2y § 657-7 | Small Claims Division of the District Court | $5,000 (no limit for a residential security deposit) |
| Idaho | 3 years3y § 5-218 | Small Claims Department of the Magistrate Division | $15,000 |
| Illinois | 5 years5y 735 ILCS 5/13-205 | Circuit Court, small claims | $10,000 |
| Indiana | 2 years2y § 34-11-2-4 | Small claims docket of the Circuit or Superior Court (Marion County: Small Claims Court) | $10,000 |
| Iowa | 5 years5y § 614.1(4) | Small Claims (District Court, heard by a magistrate) | $6,500 |
| Kansas | 2 years2y § 60-513 | Small Claims (District Court) | $10,000 |
| Kentucky | 2 years2y KRS 413.125 | Small Claims Division of the District Court | $2,500 |
| Louisiana | 2 years2y art. 3493.11 (1y before 7/1/2024) | Small Claims Division of the City Court | $5,000 |
| Maine | 6 years6y 14 M.R.S. § 752 | Small Claims (District Court) | $10,000 (since January 1, 2026) |
| Maryland | 3 years3y CJP § 5-101 | District Court of Maryland, small claim | $5,000 |
| Massachusetts | 3 years3y ch. 260 § 2A | Small Claims Session of the District Court, Boston Municipal Court or Housing Court | $7,000, except that the cap does not apply to property damage caused by a motor vehicle |
| Michigan | 3 years3y § 600.5805 | Small Claims Division of the District Court | $7,000 |
| Minnesota | 6 years6y § 541.05 | Conciliation Court | $20,000 ($4,000 for a consumer credit claim) |
| Mississippi | 3 years3y § 15-1-49 | Justice Court | $3,500 |
| Missouri | 5 years5y § 516.120 | Small Claims Court (Circuit Court, associate division) | $5,000 |
| Montana | 2 years2y § 27-2-207 | Small Claims Court (Justice Court or City Court) | $7,000 |
| Nebraska | 4 years4y § 25-207 | Small Claims Court (a division of the County Court) | $7,500 (since July 1, 2025) |
| Nevada | 3 years3y NRS 11.190 | Small Claims (Justice Court) | $10,000 |
| New Hampshire | 3 years3y RSA 508:4 | Small Claims (Circuit Court, District Division) | $10,000 (a claim over $5,000 goes to mandatory mediation) |
| New Jersey | 6 years6y § 2A:14-1 | Small Claims section of the Special Civil Part (Superior Court, Law Division) | $5,000 |
| New Mexico | 4 years4y § 37-1-4 | Magistrate Court (Metropolitan Court in Bernalillo County) | $10,000 |
| New York | 3 years3y CPLR 214 | Small Claims Court (New York City Civil Court, a City Court, or a Town or Village Justice Court) | $10,000 in New York City; $5,000 in a City Court and in Nassau and Suffolk; $3,000 in a Town or Village Court |
| North Carolina | 3 years3y § 1-52 | Small Claims Court (a magistrate of the District Court Division) | up to $10,000, set county by county; some counties stop at $5,000 |
| North Dakota | 6 years6y § 28-01-16 | Small Claims Court (District Court) | $15,000 |
| Ohio | 2 years2y § 2305.10 | Small Claims Division of the Municipal or County Court | $6,000 |
| Oklahoma | 2 years2y tit. 12 § 95 | Small claims (District Court) | $10,000 |
| Oregon | 6 years6y § 12.080 | Small Claims department of the Circuit Court | $10,000 (a claim of $750 or less must be filed as a small claim) |
| Pennsylvania | 2 years2y 42 Pa.C.S. § 5524 | Magisterial District Court | $12,000 |
| Rhode Island | 10 years10y § 9-1-13 | Small Claims (District Court) | $5,000 |
| South Carolina | 3 years3y § 15-3-530 | Magistrate Court | $7,500 |
| South Dakota | 6 years6y § 15-2-13 | Small Claims (Magistrate Court) | $12,000 |
| Tennessee | 3 years3y § 28-3-105 | General Sessions Court | $25,000 in most counties; a few large counties differ under private acts |
| Texas | 2 years2y CPRC § 16.003 | Justice Court (justice of the peace) | $20,000 |
| Utah | 3 years3y § 78B-2-305 | Small Claims (a division of the Justice Court and the District Court) | $20,000 (January 1, 2025 through December 31, 2029) |
| Vermont | 3 years3y 12 V.S.A. § 512 | Small Claims (Superior Court, Civil Division) | $10,000 ($5,000 for consumer credit or medical debt) |
| Virginia | 5 years5y § 8.01-243(B) | Small Claims Division of the General District Court | $5,000 |
| Washington | 3 years3y RCW 4.16.080 | Small Claims Department of the District Court | $10,000 for an individual; $5,000 for a company or other entity |
| West Virginia | 2 years2y § 55-2-12 | Magistrate Court | $20,000 |
| Wisconsin | 3 years3y § 893.52(2) (auto, post-2016) | Small Claims (Circuit Court) | $10,000, but a claim in tort (which is what a third-party diminished value claim is) is limited to $5,000 |
| Wyoming | 4 years4y § 1-3-105 | Circuit Court, small claims | $6,000 |
This is the ordinary limitation period for property damage, not advice about a particular claim. Circumstances can change when the period starts or pause it once running, and your policy may impose its own notice requirement. This page is general information, not legal advice.
Questions
How long do I have to file a diminished value claim?
It depends on the state. The period is the state's general limitation period for property damage, and across the 51 US jurisdictions it runs from two years to ten. Two and three years cover most of the country: 17 jurisdictions allow two years and 19 allow three. The table on this page lists every one with its statute reference. Two recently changed — Florida moved to two years in 2023, and Louisiana moved from one year to two on 1 July 2024 — so older articles quoting one year for Louisiana are out of date.
When does the clock start?
Ordinarily on the date of the accident. Some circumstances change when a period starts or pause it once it has started, and an insurance policy can also set its own, shorter notice requirement that is separate from the statute. This tool applies the ordinary rule and nothing else.
Does telling the insurer about the claim stop the clock?
No. Reporting a claim to an insurer and bringing an action in court are different things, and correspondence with an adjuster does not by itself extend a limitation period.
Is this legal advice?
No. This is the general limitation period recorded for each jurisdiction, published so you can look it up. It is not advice about your claim, and if a deadline is close or has passed, confirm it against the statute or with an attorney in your state.
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