Diminished Value by State
What to Know About Diminished Value in Your State
Service availability varies by state: blue indicates all services available, gold indicates report only, and maroon indicates service is not currently available.
Every State Handles This Differently
Diminished value law isn't uniform anywhere in the U.S. — Louisiana gives you just one year to file a claim, while Rhode Island gives you ten. Georgia is one of the few states where you can pursue diminished value under your own policy; most states restrict it to a claim against the at-fault driver's insurer. Michigan's no-fault system caps recovery through a “mini-tort” statute at $3,000, and North Dakota's courts generally don't recognize a traditional post-repair diminished value claim at all. If you were in an accident that wasn't your fault, what you're entitled to — and how long you have to claim it — depends entirely on which state the accident happened in.
Quick Comparison: How States Differ
- Shortest filing window: Louisiana — just 1 year from the date of the accident, governed by statute (La. R.S. § 9:2800.17) rather than case law.
- Longest filing window: Rhode Island — 10 years, far longer than any neighboring state.
- Highest small claims cap: Tennessee — $25,000.
- Lowest small claims cap: Kentucky — $2,500.
- First-party claims allowed: Georgia is a clear example — recovery under your own policy plus UM/UIM coverage, unlike most states where diminished value is a third-party-only claim against the at-fault driver's insurer.
- No-fault outlier: Michigan handles diminished value through a “mini-tort” statute (MCL § 500.3135), capped at $3,000.
- Limited recognition: North Dakota generally treats repair cost plus loss of use as the standard measure of damages rather than a traditional diminished value claim.
Statute of Limitations & Small Claims Cap by State
| State | Statute of Limitations | Small Claims Cap |
|---|---|---|
| Alabama | 2 years | $6,000 |
| Alaska | 2 years | $10,000 |
| Arizona | 2 years | $5,000 |
| Arkansas | 3 years | $5,000 |
| California | 3 years | $12,500 |
| Colorado | 3 years | $7,500 |
| Connecticut | 2 years | $5,000 |
| Delaware | 2 years | $15,000 |
| District of Columbia | 3 years | $10,000 |
| Florida | 4 years | $8,000 |
| Georgia | 4 years | $15,000 |
| Hawaii | 2 years | $5,000 |
| Idaho | 3 years | $5,000 |
| Illinois | 5 years | $10,000 |
| Indiana | 2 years | $8,000 |
| Iowa | 5 years | $6,500 |
| Kansas | 2 years | $4,000 |
| Kentucky | 2 years | $2,500 |
| Louisiana | 1 year | $5,000 |
| Maine | 6 years | $6,000 |
| Maryland | 3 years | $5,000 |
| Massachusetts | 3 years | $7,000 |
| Michigan | 3 years | $3,000 (mini-tort cap) |
| Minnesota | 6 years | $15,000 |
| Mississippi | 3 years | $3,500 |
| Missouri | 5 years | $5,000 |
| Montana | 2 years | $7,000 |
| Nebraska | 4 years | $7,500 |
| Nevada | 3 years | $10,000 |
| New Hampshire | 3 years | $10,000 |
| New Jersey | 2 years | $5,000 |
| New Mexico | 4 years | $10,000 |
| New York | 3 years | $10,000 |
| North Carolina | 3 years | $10,000 |
| North Dakota | Limited recognition — see guide | N/A |
| Ohio | 2 years | $6,000 |
| Oklahoma | 2 years | $10,000 |
| Oregon | 2 years | $10,000 |
| Pennsylvania | 2 years | $12,000 |
| Rhode Island | 10 years | $5,000 |
| South Carolina | 3 years | $7,500 |
| South Dakota | 6 years | $12,000 |
| Tennessee | 3 years | $25,000 |
| Texas | 2 years | $20,000 |
| Utah | 3 years | $20,000 |
| Vermont | 3 years | $5,000 |
| Virginia | 5 years | $5,000 |
| Washington | 3 years | $10,000 |
| West Virginia | 2 years | $10,000 |
| Wisconsin | 6 years | $10,000 |
| Wyoming | 4 years | $6,000 |
Diminished Value: Common Questions
Common questions about how diminished value claims work across different states.
Does every state allow diminished value claims?
Most do, but not identically. The large majority recognize third-party diminished value claims when another driver is at fault. A handful, like North Dakota, generally don't recognize a traditional post-repair claim, and a few, like Michigan, route it through a different legal mechanism entirely (a no-fault mini-tort statute).
What's the difference between a first-party and third-party diminished value claim?
A third-party claim is filed against the at-fault driver's insurance company, this is how most states handle it. A first-party claim is filed under your own policy, which most insurers exclude by default. Georgia is a notable exception that allows first-party diminished value recovery, including through UM/UIM coverage.
Which states have the longest and shortest deadlines to file?
Rhode Island gives you the most time, at 10 years. Louisiana gives you the least, at just 1 year. Everything else falls somewhere in between, typically 2 to 6 years.
Why do small claims caps matter for a diminished value claim?
If your claim amount fits under your state's small claims limit, you may be able to resolve it without hiring an attorney or filing a full civil suit. Caps range from $2,500 in Kentucky to $25,000 in Tennessee, so where the accident happened affects your options.
My state isn't fully "available" on the map, can I still get help?
Yes. The map's coloring reflects which services Premier DV currently offers in each state (full service, report-only, or not yet available), it doesn't mean diminished value law doesn't apply there. Contact us to find out what's available for your situation.
Still have a question?
Every state has its own rules, and details can change. Reach out and we'll walk you through what applies to your situation.