Diminished Value Claims By State


Find your state below to see how it handles first and third party diminished value claims. If you need a more detailed explanation, or would like an opinion on your specific claim, contact us or fill out this form.

Alabama

  • 1st Party — depends on policy language

  • 3rd Party — no statute or common law

Alaska

  • 1st Party — no statute or common law

  • 3rd Party — no statute or common law

Arizona

  • 1st Party — no 1st party claims

  • 3rd Party — allowed (common law)

Arkansas

  • 1st Party — possible, likely depends on contract language

  • 3rd Party — possibly allowed (common law)

California

  • 1st Party — depends on contract language, look for language like "damages for property damage that an insured person is legally liable, because of an accident"

  • 3rd Party — possibly allowed (common law)

Colorado

  • 1st Party — depends on contract language, look for language promising to provide an insured with a vehicle "of like kind and quality"

  • 3rd Party — allowed (common law)

Connecticut

  • 1st Party — depends on contract language and open to court interpretation

  • 3rd Party — allowed (common law)

Delaware

  • 1st Party — no 1st party claims (common law)

  • 3rd Party — no statute or common law

District of Columbia

  • 1st Party — no statute or common law

  • 3rd Party — no statute or common law

Florida

  • 1st Party — no 1st party claims

  • 3rd Party — allowed (common law)

Georgia

  • 1st Party — allowed, but contract language is controlling

  • 3rd Party — allowed (common law)

Hawaii

  • 1st Party — no statute or common law

  • 3rd Party — no statute or common law

Idaho

  • 1st Party — some court comments but nothing definitive

  • 3rd Party — no statute or common law

Illinois

  • 1st Party — somewhat unclear, depends on contract language, parts used etc.

  • 3rd Party — allowed (common law)

Indiana

  • 1st Party — no 1st party claims

  • 3rd Party — allowed (common law)

Iowa

  • 1st Party — previously allowed, now no 1st party claims

  • 3rd Party — allowed (common law)

Kansas

  • 1st Party — positive court decisions for 1st party claims

  • 3rd Party — allowed (common law)

Kentucky

  • 1st Party — no 1st party claims

  • 3rd Party — no statute or common law

Louisiana

  • 1st Party — repair or replace language does not trigger 1st party claim, some court decisions allow for 1st party claims

  • 3rd Party — allowed (statute and common law)

Maine

  • 1st Party — may allow for it, depends on the contract language, repair or replace language does not trigger 1st party claim

  • 3rd Party — no statute or common law

Maryland

  • 1st Party — may allow for it

  • 3rd Party — allowed (common law)

Massachusetts

  • 1st Party — unless specific contract language addresses 1st party claim, no 1st party claim

  • 3rd Party — no statute or common law

Michigan

  • 1st Party — depends on contract language, repair or replace language will not trigger

  • 3rd Party — no statute or common law

Minnesota

  • 1st Party — allows for 1st party claim

  • 3rd Party — no statute or common law

Mississippi

  • 1st Party — allows for 1st party claim

  • 3rd Party — allowed (common law)

Missouri

  • 1st Party — depends on contract language, allows for 1st party claim absent contract language that says diminished value not covered

  • 3rd Party — allowed (common law)

Montana

  • 1st Party — depends on contract language, does allow for 1st party claims in some instances

  • 3rd Party — no statute or common law

Nebraska

  • 1st Party — does not allow for 1st party claims

  • 3rd Party — no statute or common law

Nevada

  • 1st Party — no statute or common law

  • 3rd Party — no statute or common law

New Hampshire

  • 1st Party — no statute or common law

  • 3rd Party — no statute or common law

New Jersey

  • 1st Party — depends on contract language

  • 3rd Party — allowed (common law)

New Mexico

  • 1st Party — common law stating no 1st party claims

  • 3rd Party — allowed (common law)

New York

  • 1st Party — likely no 1st party claims (common law)

  • 3rd Party — allowed (common law)

North Carolina

  • 1st Party — 1st party claims allowed

  • 3rd Party —allowed (statute and common law)

North Dakota

  • 1st Party — no statute or common law

  • 3rd Party — allowed (statute and common law)

Ohio

  • 1st Party — likely no 1st party claims (common law)

  • 3rd Party — allowed (common law)

Oklahoma

  • 1st Party — likely 1st party claims (common law)

  • 3rd Party — allowed (statute and common law)

Oregon

  • 1st Party — allowed (common law)

  • 3rd Party — allowed (common law)

Pennsylvania

  • 1st Party — likely no 1st party claims (common law)

  • 3rd Party — allowed (common law)

Rhode Island

  • 1st Party — possible 1st party claims (common law)

  • 3rd Party — no statute or common law

South Carolina

  • 1st Party — depends on contract language

  • 3rd Party — allowed (common law)

South Dakota

  • 1st Party — depends on contract language, but likely no 1st party claims (common law)

  • 3rd Party — no statute or common law

Tennessee

  • 1st Party — probably depends on contract language, otherwise no 1st party claims (common law)

  • 3rd Party — essentially no 3rd party claims allowed (common law)

Texas

  • 1st Party — no 1st party claims (common law)

  • 3rd Party — possibly common law allowing 3rd party claims

Utah

  • 1st Party — no statute or common law

  • 3rd Party — allowed (common law)

Vermont

  • 1st Party — unless otherwise stated in contract, 1st party claim allowed (common law)

  • 3rd Party — allowed (common law)

Virginia

  • 1st Party — depends on contract language

  • 3rd Party — allowed (common law)

Washington

  • 1st Party — unless otherwise stated in contract, 1st party claim allowed (common law)

  • 3rd Party — essentially no 3rd party claims allowed (common law)

West Virginia

  • 1st Party — no statute or common law

  • 3rd Party — allowed (common law)

Wisconsin

  • 1st Party — likely no 1st party claims allowed (common law)

  • 3rd Party — allowed (common law)

Wyoming

  • 1st Party — possible 1st party claims (common law)

  • 3rd Party — no statute or common law

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