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Self-help kit

Diminished value claim kit

Enter your car, the repair and what similar cars sell for. The free preview estimates the diminished value three ways and shows your state's rule; the full kit fills in a demand letter, a total loss dispute letter and a document checklist you send yourself.

Self-help document preparation, not legal advice. What this kit does and does not do

Your free preview

Diminished value estimate

Your state

[stateRule]

Total loss check

1 The car and the claim

From your title, odometer and repair invoice.

$Retail value from a pricing guide or dealer listings for the same car with a clean history.
$
2 If the insurer used the 17c formula

Copy the three percentages from the insurer's diminished value letter. Leave blank if you have no letter.

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%
%
3 What the market says

Any of these gives a method. Leave blank what you do not have.

$
$
$
$
$
$
$
4 Total loss (only if the insurer totaled the car)
$
$
$
$
5 For the letters

Only used to fill in the documents in your browser.

The full kit

  • Diminished value demand letter: to the at-fault driver's insurer, with your numbers and evidence list
  • Total loss (ACV) dispute letter: asks for the valuation report and sets out your comparables
  • Appraisal clause: step by step: how the policy appraisal process works and who pays
  • Document checklist: what to collect before you send anything
  • Comparable listings worksheet: a table template to record each listing the same way
  • Before you buy: the state table on this page lists the only states where we confirmed the rule in an official source. For every other state we found no official guidance: a diminished value claim may not be recognized there, and this kit cannot predict the outcome
$39
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Diminished value claim rules by state

A diminished value claim asks the at-fault driver's insurer to pay for the loss in market value a repaired car keeps after an accident. The table lists only the states where we confirmed the rule in an official source (checked November 14, 2026). For every other state we found no official statement either way, so the kit shows that instead of guessing; your state insurance department can tell you more.

Diminished value rules confirmed in official sources (November 2026)
StateThird-party claimRule
FloridaallowedFlorida DFS consumer guide; Florida law silent on valuation method. Source
GeorgiaallowedGeorgia's Insurance Commissioner directed insurers in 2001 to assess and pay diminution of value on physical damage claims; a 2008 directive says total reliance on one formula may not be appropriate (Amica v. Sanders, Ga. Ct. App. 2015). Source
MarylandallowedMIA consumer guide: DV is part of liability claim against at-fault party, not covered under own policy; claimant must prove (dealer written estimate or independent appraiser). Source
MassachusettslimitedDepends on policy form: SJC McGilloway v. Safety Ins. Co., 488 Mass. 610 (Oct 2021): IDV recoverable under Part 4 of 2008 standard policy if proved; Jan 2025 SJC (Cubberley v. Commerce) per Mass. DOI: 2016 standard policy does not require insurer to cover IDV (at-fault party may still be liable). Own policy: no coverage. Source
MichiganlimitedMini-tort: owner can recover up to $3,000 (accidents after July 1, 2020; $1,000 before) for vehicle damage not covered by insurance; small claims; comparative fault, none if >50% at fault. Statute does not use the term 'diminished value'. Source
North Carolinaallowed11 NCAC 04 .0418(b): third-party release does not bar promptly asserted DV claim; DV defined as diminution in fair market value under G.S. 20-279.21(d1) (statute text itself not retrieved). Source
TexasallowedTDI Bulletin B-0027-00 (Apr 6 2000): no first-party DV duty after complete repair; third-party and UM/UIM may owe loss of market value. Source
VirginiaallowedVirginia SCC: liability coverage pays all damages insured is legally obligated to pay; insurers typically pay DV when warranted, but Virginia law is silent and prescribes no method. Source
WashingtonallowedWA OIC: DV claim typically filed against at-fault party's insurer; some policies don't cover DV; claimant must prove. Source

Three ways to estimate diminished value

  • Market difference: the value before the accident minus a written offer or appraisal for the repaired car.
  • Comparable listings: the average asking price of similar cars with a clean history minus the average for similar cars with an accident on their history report.
  • The 17c formula: the method many insurers use: pre-loss value × a base percentage × a damage modifier × a mileage modifier. No official source publishes the modifier tables, and a Georgia appeals court described the damage modifier as an adjuster's subjective decision, so the kit uses the figures from your insurer's own letter.

The free preview shows each method you have numbers for and the range between them. None of them is an appraisal report.

When the car is a total loss

If the insurer declares the car a total loss there is no diminished value to claim: the question is whether the actual cash value offer matches what comparable cars sell for. In California, for example, the settlement must reflect a comparable vehicle of like kind and quality in your local market, include taxes and license and transfer fees, and be itemized and explained in writing when the offer is made. Most auto policies also contain an appraisal provision for disputes about the amount.

Frequently asked questions

What is a diminished value claim?

A claim against the at-fault driver's insurer for the market value a car loses because it now has an accident history, on top of the repair cost.

How do you calculate diminished value?

Compare what the car was worth before the accident with what it is worth after the repair, using a written offer, an appraisal or comparable listings with and without an accident on the history report. Insurers often use the 17c formula, which usually gives a lower figure.

Can I claim diminished value in Michigan?

Only in a limited way: Michigan's mini-tort lets you recover up to $3,000 of vehicle damage not covered by insurance from a driver who was 50% or more at fault, for accidents after July 1, 2020.

Is this kit legal advice or an appraisal?

No. It is self-help software that calculates from your own numbers and fills in letters you review and send yourself. It does not negotiate for you, represent you or replace an appraisal report.

Sources

  1. Amica Mutual Insurance Co. v. Sanders (Court of Appeals of Georgia, November 16, 2015) · Court of Appeals of Georgia (opinion text via FindLaw), November 16, 2015
  2. So You've Had an Accident, What's Next? · California Department of Insurance, revised December 2024
  3. Baker v. State Farm Mut. Auto. Ins. Co., No. 4:19-cv-14 (M.D. Ga.), Order Doc. 34, pp. 6-7; Mabry v. State Farm (Muscogee Co. Super. Ct. Mar 6 2002) Sec. 10 · U.S. District Court M.D. Ga. / Superior Court of Muscogee County, 2021-09-02
  4. What if my insurance isn't paying enough? · Texas Department of Insurance, accessed November 14, 2026
  5. Were you in a wreck? Tips for auto insurance claims · Texas Department of Insurance, accessed November 14, 2026
  6. 10 CCR 2695.8(b)(1) · accessed November 14, 2026
  7. 11 NYCRR 216.7(c)(1); sales tax language in 216.6 · accessed November 14, 2026
  8. WAC 284-30-391(2),(4) · accessed November 14, 2026
  9. Fla. Stat. 626.9743(5)(a) · accessed November 14, 2026
  10. 31 Pa. Code 62.3 · accessed November 14, 2026
  11. No Texas total-loss valuation/sales-tax rule confirmed; TDI says you can ask what source the insurer used to value the car. · accessed November 14, 2026