Should I Claim It?

Diminished value claims by state

After a crash and a good repair, your car is still worth less because it now has an accident on its record. In most states you can claim that lost value from the at-fault driver's insurer. Whether your own insurer pays it, how long you have, and what happens if you were partly at fault all depend on your state.

Written by Todd Whittington, EditorLast reviewed

The states we've checked

StateYour own insurer pays?Deadline to sueFault rule
ArizonaNo2 yrPure
CaliforniaNo3 yrPure
ColoradoDepends on the policy3 yr50% bar
FloridaUsually no2 yr (unsettled)51% bar
GeorgiaYes4 yr50% bar
IllinoisNo5 yr51% bar
New JerseyNo6 yr51% bar
OhioNo authority found2 yr51% bar
TexasNo2 yr51% bar
VirginiaNo5 yrContributory

Fault rule: "Pure" means a share of blame cuts the claim but never bars it; "50% bar" and "51% bar" mean you get nothing at that share or more; "Contributory" means any fault can bar it.

Every fact on a state page is cited to a statute or court decision we read, with the date we checked it. Anything we could not check is marked "Not verified".

What doesn't change by state

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