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State rules checker
Whether a diminished value claim on a repaired car is recognised where you live, against the other driver's insurer or on your own policy, with the case or statute behind the answer.
Most US jurisdictions recognise a diminished value claim against the at-fault driver's insurer. Far fewer recognise one against your own insurer under your collision coverage. Which of the two applies decides who you write to, so it is the first thing worth checking.
Pick a state and you get its recorded position on both routes, the authority it rests on, the limitation period, the fault rule, the small claims forum and the regulator. All 51 jurisdictions are here, including the ones we do not sell a report for.
Pick a state to begin.
Each answer carries the case or statute it rests on and the date we last checked it.
The whole table, three ways
Counts and lists built from the same data the checker reads, so they cannot drift apart.
| Recorded position | Jurisdictions |
|---|---|
| Recognised | 26 |
| Recognised, with limits | 10 |
| Unsettled | 3 |
| Not recognised | 12 |
| State | Recorded as | Authority |
|---|---|---|
| Colorado | Y | Trujillo v. Wilson (1948); Hyden v. Farmers (2000) |
| Georgia | Y | State Farm v. Mabry (2001); Amica v. Sanders (2015); OCI Directives 01-P&C-1, 08-P&C-2 |
| Minnesota | Y | Ciresi v. Globe & Rutgers (1932) |
| Mississippi | Y | Ishee v. Dukes Ford (1980) |
| Oregon | Y | Gonzales v. Farmers (2008); EAM v. Helies (1998) |
| Washington | Y | Moeller v. Farmers (2011); Grothe v. Kushnivich (2022) |
| Jurisdiction | Deadline for a property-damage claim |
|---|---|
| Alabama | 2 years |
| District of Columbia | 3 years |
| Maryland | 3 years |
| North Carolina | 3 years |
| Virginia | 5 years |
The two routes, and why they are not the same question
A third-party claim is against the insurer of the driver who hit you. It is a negligence claim, the measure of damages is set by that state's case law, and it is the route most owners use.
A first-party claim is against your own insurer under your collision coverage. Whether it exists at all depends on the policy wording and on whether the state reads that wording as covering the loss in value as well as the repair. A handful of states have a leading decision saying it does; most do not.
That is why the checker reports them separately, and why it keeps the recorded wording — "Y (election of remedies)", "Limited", "Policy-dependent" — instead of flattening every entry into a yes or a no.
The fault rule can matter more than the value
Most states apply comparative negligence: a share of the blame reduces what you recover. A small group still applies contributory negligence, where any share of fault at all can defeat the claim entirely. In those jurisdictions who was at fault is the first question and the size of the loss is the second.
Where these answers come from
One verified table, the same one the report engine reads. Each row carries the case or statute behind it and the date we last checked it, and a field with no recorded value renders as not recorded rather than as a guess.
It is the general position for the jurisdiction, not advice about a particular claim, and it does not account for the facts of your accident, your policy wording or a deadline that has been extended or paused. For a court-ready opinion or legal advice, a licensed appraiser or an attorney in your state may be more appropriate than a self-help report.
The states we do not sell to, and why they are still listed
In some jurisdictions the claim is not generally recoverable, and in others our own review is not finished. We do not sell a report for either group, and the checker says so instead of quietly hiding the state.
The rules still show, because someone in one of those states came here with a real question and the answer to it is not a sales page.
Questions
Which states allow a diminished value claim?
Most recognise a claim against the at-fault driver's insurer, with the measure of damages set by that state's case law. A smaller group recognises a claim against your own insurer under collision coverage. A few treat the question as unsettled, and in a few it is not generally recoverable at all. The checker on this page gives the recorded position for each of the 51 US jurisdictions along with the authority behind it.
Can I claim diminished value from my own insurance?
Only where the policy and the state's law both allow it. Georgia and Washington are the clearest examples of states with a leading decision recognising a first-party claim; in most states the answer is no or unsettled, and in some it turns on the policy wording. Check your own state above, then read the policy itself.
Does every state give me the same amount of time?
No. The general limitation period for property damage runs from two years to ten across the 51 jurisdictions, and two have changed recently. The checker shows your state's period with its statute reference, and the claim deadline tool turns it into a date from the day of your accident.
What does contributory negligence mean for my claim?
In a contributory negligence jurisdiction, any share of fault on your side can defeat the claim completely, rather than reducing it. Only a small group of states and the District of Columbia still apply it; the rest use comparative negligence, where fault reduces recovery proportionally. The checker names which rule your state uses.
Is this legal advice?
No. It is the general position recorded for each jurisdiction, published with its source so you can look it up and check it. It is not advice about your claim, and nothing here creates a professional relationship.
Read next
- Your state's page — The full position, in prose.
- Deadline checker — The period as a date.
- Who actually pays — Which insurer owes what, and when.
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This is an estimate, not an appraisal or a promise of payment. It's based on the information you entered and general market data. Insurers may dispute or deny claims. Read the full disclaimer.