Diminished Value Claims
Recover Your Vehicle's Lost Value After Repairs
Expert Help to Get Compensation for
Your Commercial Vehicle's Reduced Market Value
When your commercial truck, limousine, or fleet vehicle is damaged in an accident, repairs don’t restore its full value. Even perfect repairs leave your vehicle worth less than before. This lost value after an accident can often be recovered. Eckert & Associates, P.A. and their affiliated counsel help commercial vehicle operators pursue compensation nationwide, including helping clients file a diminished value claim in Florida, Illinois, and all other states.
Not-at-Fault Accident?
Why Diminished Value Matters
For owner-operators and carriers, a collision claim doesn’t end when repairs are complete. Even if a semi-truck or trailer is restored to working condition, it carries a permanent mark: diminished value (also called diminution of value, accelerated depreciation, lost value, or devalued equipment).
Buyers, lenders, and insurers know that commercial vehicles with accident histories will never be worth as much as undamaged ones. That drop in market value can cost trucking businesses thousands with each trade, sale, or refinancing.
Why You Must Act Now
Even If You're Not Selling
Demanding the diminished value of your equipment is important to do, even if you have no intention of selling the equipment. There is a window of opportunity to get this money back from the adverse insurance company. Once that window closes, your company will eat the loss down the road when you sell that equipment. This is why it is important to act now!
Time is of the essence to protect your rights. Every state has a drop-dead time to resolve a case or file a lawsuit against the at-fault party, called a statute of limitations.
Marty's StoryA Real-World Example
Marty bought a late model semi-truck last year for $120,000. It was serving him well until last month, when a careless driver plowed into the front end. The damage was extensive but repairable. After repairs were complete and paint was dry, Marty wondered: If I tried to sell it now, would I get anywhere near what it was worth before the accident?
The answer was no. To confirm his suspicions, Marty hired an independent adjuster to expertly appraise the equipment. The adjuster’s report stated his truck’s value had dropped to $105,000 after the accident, even though repairs were complete. That was a $15,000 loss on paper. Armed with the report, Marty submitted the claim to the at-fault driver’s insurance company, who approved the expense and paid Marty the $15,000 diminished value “DV” amount.
Note: During the repair and negotiations, Marty had no intention of selling his truck. But settling on a value with the adjuster was his only opportunity to be reimbursed for the devalued truck. He certainly wouldn’t be able to file a DV claim another 10 years down the road when he sells the truck.
Marty’s accident highlights why DV claims are critical: without pursuing diminished value at the time of the repair claim, Marty would have quietly lost $15,000 in equity on his equipment.
Real-World Results for Diminished Value Recovery
What Is a Diminished Value Claim?
Diminished value refers to the reduced market worth of a truck, trailer, or other equipment after an accident – even if fully repaired. No matter how skilled the repair shop, buyers and dealers discount equipment that carries an accident history.
- Lost Time
- Lost Income
- We Fight For It
Three Types of Diminished Value Claims
Inherent Diminished Value
Repair-Related Diminished Value
Immediate Diminished Value
For commercial equipment, DV losses can be substantial, sometimes running into tens of thousands of dollars.
Recover the Lost Value After an Accident Get Compensation for Your Commercial Vehicle's Reduced Market ValueHow Diminished Value Is Calculated
The Simplest Method
Compare pre-accident market value with post-repair market value. In Marty's case: $120,000 before the crash and $105,000 after - a $15,000 diminished value.
Information needed includes the equipment's make, model, year, mileage and extent of damage.
Industry Expert Insight
According to Sam Agan, a longtime heavy equipment adjuster with ACS Claims in Georgia, there's no universal formula for heavy equipment DV. Insurance commissioners have not endorsed a standardized method, so calculations depend on the judgment of experienced adjusters and appraisers, often those with backgrounds in body or paint shops.
The Flawed 17c Formula
Some insurance companies use the Mabry v. State Farm 17c Diminished Value Formula:
- Determine pre-accident value, then assign DV an arbitrary cap of 10% (Marty's case: $120,000 = $12,000 cap)
- Apply a damage multiplier between 0 to 1 (no structural damage to severe structural damage)
- Apply a mileage multiplier from 0 to 1 (high miles to low miles)
This method is designed for passenger vehicles, not heavy equipment. In our opinion, the flawed 17c formula is too simplistic and doesn't properly account for specialized equipment or heavy equipment manufacturers and brands.
If you do not agree with the adverse insurance company’s calculation, fight back. It’s up to you, your experts and your attorney to prove your losses and how their calculations are incorrect.
We don’t rely on calculators. We use professional appraisals from certified appraisers who specialize in commercial vehicle valuation and actual market data to calculate diminished value accurately.
State Laws on Diminished Value Claims
Each state has laws relating to these claims. Almost all states allow some form of recovery, though calculation details differ. While most state laws allow DV recovery from the at-fault party, some states also allow a trucker to pursue a claim against their own policy.
Important: As a trucking business in this time of skyrocketing insurance premiums and insureds being dropped for filing claims, it is important to weigh the benefits of whether to file a claim on your own policy.
Every state has a statute of limitations – a drop-dead time to file a lawsuit. It’s important to discuss your case with an attorney who handles commercial equipment property damage claims, so you don’t miss out on possible recoveries or miss any important deadlines.
Florida's Statute of Limitations
Currently, Florida has a 2-year statute of limitations from the date of the accident to pursue adverse parties for property damage and diminished value claims. F.S. Ch. 95.11 (5)(a)
https://m.flsenate.gov/statutes/95.11
When should you file a claim? As soon as possible.
When should you file a lawsuit? As soon as it is clear the adverse insurance company will not be cooperating and paying your claim.
Time is of the essence to protect your rights.
Diminished Value Claim in Texas
Consider filing a diminished value claim in Texas against the at-fault driver’s insurance. Texas property damage law recognizes these cases and the statute of limitations should be verified. For commercial vehicle operators in Texas, these claims are particularly important because commercial trucks retain high values, the Texas trucking market is sophisticated, buyers carefully review vehicle histories, and fleet operators face lease return penalties.
Filing a Claim Against the At-Fault PartyStep-by-Step
Obtain Adverse Driver’s Insurance Information
Contact the adverse insurance company’s claims hotline and report the claim. Be very careful of what you say. If unsure, ask your attorney to make the call and file a claim.
Gather Evidence and Provide to Adverse Insurance Adjuster
Prove the other driver is at fault. Provide:
- Written or recorded admissions of the at-fault driver
- Witness statements, dash cam evidence, police reports
Then provide:
- Repair invoices, expert reports, calculations of lost income
- Photos of damage, DV appraisal proving loss of value
Negotiate
Be prepared for a low offer. Use your evidence and experts to push back. Don’t rely on the adverse adjuster’s valuation – get your own. Don’t accept the adverse adjuster’s first offer.
Seek Legal Help If Necessary
Low offers and denials can sideline recovery. Attorneys who understand trucking claims can get the claim moving again and maximize recovery. It’s best to consult with an attorney early to avoid missteps.
Common Pitfalls to Avoid
- Not filing a claim properly or being “tricked” by adverse adjuster’s leading questions
- Not providing proper proof of liability or damages
- Relying on the adverse adjuster’s valuation rather than your own
- Accepting the adverse adjuster’s first offer even though not reasonable
- Accidentally signing a full release covering everything when there are still open parts
- Missing the court’s filing deadline (statute of limitations)
- Not discussing your options with a trucking attorney
Seller Considerations for Diminished Value
When commercial equipment is involved in an accident, its resale potential is immediately affected. Buyers in the commercial equipment secondary market are highly sensitive to accident history because of safety concerns.
Most states require disclosure of accidents and repairs at sale. Even if the owner downplays the incident, worldwide VIN history reporting services capture accident details, repair costs, and repair dates once reported by insurers or repair facilities. The stigma follows the truck or trailer into the marketplace.
Before signing a final release with the at-fault party’s insurance carrier, ensure every aspect of the loss has been accounted for: physical repair costs, downtime, rental or replacement needs, and diminished value. A general release typically waives all future claims – if diminished value is not specifically addressed and paid, the right to recover it may be lost permanently.
Additional Factors Sellers Should Weigh
Diminished Value and Uninsured/Underinsured Motorist Claims
With a high percentage of America’s car drivers uninsured or underinsured, the risk of being hit by such a vehicle is dangerously high. While no trucker wants to file a claim on their own policy, especially when not at fault, sometimes it just makes financial sense.
If filing a claim with your own insurance company, remember to request payment for diminished value. If they make an unsatisfactory offer, it is your right to say no. You can hire your own appraiser to value your equipment. Armed with this proof, negotiate with your insurance company for a higher DV payment.
Understanding UM/UIM Coverage
Review your insurance policy regularly with your agent. Do you have:
- UMPD (uninsured motorist property damage)
- UIMPD (underinsured motorist property damage)
This coverage can save the day and provide financial protection, allowing you to potentially recover all your repairs, diminished value, downtime/loss of use, and out-of-pocket expenses.
UMPD and UIMPD coverage varies by state. This is different from UMBI (uninsured motorist bodily injuries) and UIMBI (underinsured motorist bodily injuries). Based on potential high losses associated with trucking accidents, obtaining the highest coverage possible in each area should be strongly considered.
Why Commercial VehiclesLose More Value
Why Trucking Businesses Need Experts and Legal Guidance
Experienced trucking appraisers bring technical knowledge to properly assess losses specific to heavy-duty equipment – something most standard auto appraisers simply can’t do.
Legal professionals provide leverage and strategy to navigate each state’s complex insurance and liability rules.
Together, they maximize recovery, protect your investment, and give your company the best chance at full and fair claim resolution. Having the right experts and legal guidance is essential for safeguarding your business’s long-term financial health.
Case Evaluation
Valuation and Documentation
Preparation
Negotiation
Resolution
Final Takeaway
Protecting the Equity
in Your Trucks
Marty’s experience is a clear reminder of why pursuing these claims is so critical. Had he simply accepted the adverse insurance company’s initial position, he would have walked away carrying a $15,000 loss – a hit that would have come straight out of his pocket. Instead, by seeking an independent appraisal and refusing to back down, he proved the real impact the accident had on his truck’s value. That persistence made all the difference, turning what looked like an unavoidable financial setback into a successful recovery.
For truckers and fleet owners, Marty’s story highlights a broader truth: diminished value is often a hidden cost of accidents that can quietly drain your bottom line. When a six-figure piece of equipment suffers a collision, its resale and trade-in value can be permanently reduced – even after quality repairs.
Every state has its own rules on diminished value, which makes the process confusing and often intimidating. But with proper documentation, a thorough appraisal from an independent trucking expert (not a standard auto appraiser), and the support of legal professionals who know how to apply state laws, you can present a strong case.Diminished Value Claims Are Worth The Fight.
The Window Is Closing
Take Action Now
Whether you’re in Texas or any other state, we can help you pursue recovery and get the full compensation due to you.
Diminished Value ClaimsFrequently Asked Questions
Generally, we wait until after repairing your vehicle. The case is often based on the difference between value before and after repairs. However, in total loss situations, consider seeking recovery based on the reduction caused by the collision.
Value depends on: the vehicle’s pre-accident value, severity of collision and damage, quality and extent of repairs, your vehicle type (commercial vehicles often have higher losses), market conditions and buyer perceptions, state law, and your vehicle’s age and mileage. Professional appraisal is the best way to determine actual loss.
No. While a calculator can provide rough estimates, these formulas (like the 17c method) often undervalue commercial vehicles. We use professional appraisals and actual market data for accurate calculations. If you don’t agree with the adverse insurance company’s calculation, fight back.
Newer vehicles often suffer greater loss in percentage terms because they have higher pre-accident values, buyers expect newer vehicles to be accident-free, the loss immediately after collision is more dramatic, and financing and warranty concerns are greater. If your vehicle is relatively new (under 3-5 years old), your case may be particularly significant.
Yes. You can file a diminished value claim in Texas against the at-fault driver’s insurance. Texas property damage law recognizes these cases. The statute of limitations in Texas is relatively short, so act quickly.
Adverse insurance companies often initially deny or undervalue DV claims. With professional help from accident lawyers or a trucking law firm specializing in these cases, you can provide stronger evidence, challenge the denial with legal authority, negotiate more effectively, and pursue litigation if necessary. Most initially denied cases can be successfully pursued with proper documentation and legal support. Fight back with your experts and your attorney.
You can file a claim with your own insurance company if you have DV or UMPD/UIMPD coverage. However, many policies don’t provide coverage for this type of loss, you’ll pay a deductible, your rates may increase, and you risk being dropped in this time of skyrocketing insurance premiums. It’s often better to first pursue recovery against the at-fault party. However, sometimes filing with your own insurer makes financial sense, especially when the at-fault party is uninsured or underinsured. We can review your policy and advise on the best approach.
The statute of limitations varies by state and is a drop-dead time to file a lawsuit. However, practical considerations favor acting sooner: evidence is fresher, adverse insurance companies are more cooperative, you need the compensation now, and proving the loss becomes harder over time. Time is of the essence to protect your rights. When should you consider filing a lawsuit? As soon as it is clear the adverse insurance company will not be cooperating and paying your claim.
In states with comparative negligence, being partially at fault may reduce your compensation proportionally. For example, if you’re 20% at fault, your recovery might be reduced by 20%. In a few states with contributory negligence, any fault bars recovery. It is important to have a consultation with a skilled attorney to review the facts of your specific situation.
While you can pursue recovery yourself, professional help from accident lawyers or a trucking law firm specializing in vehicle property damage may significantly increase your recovery. We handle professional appraisal coordination with trucking experts (not standard auto appraisers), complex negotiations with adverse insurers, legal challenges and objections, maximizing your compensation, and avoiding common pitfalls that cost you money. Our contingency fee structure means you pay only if we recover compensation for you.
A personal injury case seeks compensation for bodily injuries, medical bills, lost wages, and pain and suffering. Personal injury lawyers handle these cases. A property damage case seeks compensation for the vehicle’s damages, lost income, and loss in market value. This is separate from personal injury. If you were injured in a car accident, you may have both a personal injury case (handled by personal injury lawyers) and a property damage case (which we handle).
The claim process begins as soon as repairs are completed. After a car accident, the diminished value of your vehicle becomes apparent once you see the difference between the value before and after the collision. To file a diminished value claim, document the date of the accident, gather all repair records, and obtain a diminished value appraisal showing the loss in value. Whether you file a diminished value claim in Texas, Florida, Illinois, or another state, you must act within the statute of limitations. Our accident lawyers can help you file your diminished value claim quickly to pursue your claim for the diminished value compensation you deserve. The sooner you make a diminished value claim, the easier it is to prove the value caused by the accident and secure coverage for diminished value from the at-fault party’s insurance.
The diminished value of your truck depends on several factors: the severity of damage, the value of the vehicle before the collision, the quality of repairs, and market perception in the commercial trucking industry. While a diminished value calculator using the diminished value formula can provide estimates, these tools often undervalue commercial trucks and specialty equipment. The actual vehicle’s diminished value is the difference between the value at the time of the accident and its post-repair worth. For example, if your truck is relatively new with high pre-accident value, the loss can be substantial – often $10,000 to $20,000 or more. A professional diminished value appraisal examines the truck’s value, the vehicle’s value in current commercial market conditions, and what the accident caused in terms of permanent loss. This is often far more accurate than calculators for determining the value of your truck after an auto accident, especially for semi-trucks, owner-operator rigs, and specialty commercial vehicles.
Personal injury lawyers typically handle bodily injury claims, medical bills, and pain and suffering from a car accident – not typically property damage or the diminished value of your vehicle. While personal injury lawyers focus on personal injury claims for injured drivers or passengers, you need accident lawyers who specialize in commercial vehicle property damage to file diminished value claims. A diminished value claim allows you to recover the loss in value of the truck separately from any personal injury claim. If you were injured when your truck was in a car accident, you may work with personal injury lawyers for your bodily injury case while we handle your claim for diminished value. The two claims are separate: one recovers compensation for injuries, the other recovers the value due from your truck’s permanent loss. Whether you need to file a diminished value claim in Texas or elsewhere, specialized commercial vehicle property damage representation ensures you pursue a diminished value claim effectively and receive full diminished value compensation for the value that a vehicle lost due to the accident.
This page is for information only and is not legal advice. No attorney-client relationship is created until we agree in writing to represent you. Laws vary by state. Consult with a law firm in your jurisdiction for specific legal advice about filing your claim. Time is of the essence to protect your rights.
Business Facts: Eckert & Associates, P.A
Diminished value claims are listed as a secondary service.
Diminished value claims address loss in a vehicle’s market value after an accident, even after repairs are completed.
This service is suitable for truck owners, fleet operators, and commercial vehicle businesses.
The service is used to pursue compensation for lost commercial vehicle asset value after an accident.
Typical work includes assessing vehicle value loss and preparing diminished value claims.
Typical work may include coordinating with appraisal experts.
The service may include negotiation with insurance companies and legal support when required.