Other driver's insurer pays · yours usually doesn't

Florida diminished value claims: what the law says

In Florida you can claim diminished value from the at-fault driver's insurer if you can prove it. Your own policy usually won't pay it after a proper repair. Since a 2023 law change, plan on two years to sue.

Written by Todd Whittington, Editor·Last reviewed October 18, 2026 Verified 2026-10-18

The short answer

Claim from the at-fault driver's insurer	Yes. You can claim the lost value from the at-fault driver's insurer.
Claim from your own insurer	Usually no. A standard repair-or-replace policy doesn't owe it after a proper repair. Only a policy that specifically covers it pays.
Deadline to sue	Two years to be safe. A four-year rule may also apply; no court has settled which.
If you were partly at fault	Your claim is cut by your share of the blame, and you get nothing if you were more than half at fault.
State insurance department guidance	The state Department of Financial Services says DV may be recoverable on a third-party claim but not on your own policy, and you carry the burden of proof.

Claiming from the other driver's insurer

Florida appeals courts allow the cost of repairs plus the loss in value from the car having been in the accident. You have to prove the loss, so a written appraisal or strong comparable listings matter here.

“the cost of the repairs made plus the diminution in value will ordinarily be the proper measure of damages” — McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982)

Claiming from your own insurer

In Siegle v. Progressive (2002), the Florida Supreme Court held that a standard "repair or replace" policy doesn't owe diminished value after a first-rate repair. You'd need a policy that specifically covers it. The court didn't decide the case of a poor repair.

“Proper interpretation of the policy language at hand requires that we deem diminished value a loss not covered by this policy.” — Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002)

The deadline

For crashes after March 24, 2023, the 2023 tort reform set two years for negligence suits. But the statute still lists four years for "injuring personal property," and we found no court decision saying which one applies to car damage. Two years is the safe deadline.

“(5) WITHIN TWO YEARS. — (a) An action founded on negligence.” — § 95.11(5)(a), Fla. Stat. (as amended by ch. 2023-15, Laws of Fla.); compare § 95.11(3)(g)

If you were partly at fault

Modified comparative fault (51% bar). Since the 2023 reform, you get nothing if you were more than half at fault. Otherwise your claim is cut by your share of the blame. Before that law, Florida used pure comparative fault.

“any party found to be greater than 50 percent at fault for his or her own harm may not recover any damages.” — § 768.81(6), Fla. Stat. (as amended by ch. 2023-15)

What this means when you're deciding

Not your fault? Ask the at-fault driver's insurer in writing, with proof of the lost value. The state's Department of Financial Services says the burden of proof is on you.
Don't count on your own policy unless it specifically covers diminished value. Most standard policies don't.
Partly at fault? More than half at fault and you get nothing; less and the claim is cut by your share.
Act within two years. The deadline is unsettled, so don't gamble on four. Run your numbers through the diminished value calculator first. If the typical appraisal midpoint is under $500, it is rarely worth chasing.

Is a claim worth it on your car?

The calculator runs the insurer's formula on your car, shows what appraisals usually find, and tells you whether to skip it, ask yourself, or pay for an appraisal.

Run the diminished value calculator →

Related state rules

Sources

At-fault driver's insurer: McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982). Source.
Your own insurer: Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002). Source.
Deadline: § 95.11(5)(a), Fla. Stat. (as amended by ch. 2023-15, Laws of Fla.); compare § 95.11(3)(g). Source.
Fault rule: § 768.81(6), Fla. Stat. (as amended by ch. 2023-15). Source.
Insurance department guidance: Fla. Dep't of Financial Services, Division of Consumer Services, 'Personal Automobile Insurance Overview'. Source.

We read every cited source on October 18, 2026. We cite statutes and court decisions, not law-firm or appraiser summaries. Anything we could not check against a primary source is marked "Not verified".