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Florida diminished value claims: when you can recover
In Florida, diminished value is generally recovered from the at-fault driver’s insurer as part of a property-damage claim. Your own policy usually does not pay it, following the Florida Supreme Court’s 2002 decision in Siegle v. Progressive.
By SettlementLift. Published · Updated .
No-fault does not cover your car
Florida’s personal injury protection covers certain injury costs regardless of fault. Damage to your car, including lost value, is a separate property-damage claim against the driver who caused the crash.
Third-party claims
Ask the at-fault driver’s insurer to include diminished value in the property-damage settlement. Insurers often start low or rely on a formula, so support the claim with market evidence.
Your own policy
In Siegle v. Progressive Consumers Insurance Co. (2002), the Florida Supreme Court held that a policy promising to repair or replace a car did not have to pay for diminished value. Check your policy language, but expect your own insurer to decline.
Evidence that helps
Use the repair estimate and final invoice, photos, the vehicle history report, the pre-accident value and comparable listings. An independent appraisal is often decisive for late-model or high-value cars.
Deadlines
Florida’s 2023 tort reform shortened the general negligence filing period from four years to two for claims arising after March 24, 2023. Confirm the deadline that applies to your crash date with an attorney.