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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 .

On this page
  1. No-fault does not cover your car
  2. Third-party claims
  3. Your own policy
  4. Evidence that helps
  5. Deadlines

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.