State-by-State Guide
Diminished Value Claims by State
Every state has a statute of limitations that limits how long you have to file a diminished value claim. Know your deadline — once it passes, you lose the right to recover your vehicle's lost value.
Quick Summary
Diminished value claims are governed by each state's statute of limitations for property damage torts. Deadlines range from 1 year (Louisiana) to 10 years (Rhode Island). Most states fall in the 2–6 year range.
Limited: 1 state
1 year: 1 state
2 years: 13 states
3 years: 17 states
4 years: 6 states
5 years: 4 states
6 years: 8 states
10 years: 1 state
| State | Statute of Limitations | Claim Type |
|---|---|---|
| Alabama (AL) | 2 years Act Soon | Third-Party |
| Alaska (AK) | 6 years | Third-Party |
| Arizona (AZ) | 2 years Act Soon | Third-Party |
| Arkansas (AR) | 3 years | Third-Party |
| California (CA) | 3 years | Third-Party |
| Colorado (CO) | 3 years | Third-Party |
| Connecticut (CT) | 2 years Act Soon | Third-Party |
| Delaware (DE) | 2 years Act Soon | Third-Party |
| District of Columbia (DC) | 3 years | Third-Party |
| Florida (FL) | 4 years | Third-Party |
| Georgia (GA) | 4 years | First & Third-Party |
| Hawaii (HI) | 2 years Act Soon | Third-Party |
| Idaho (ID) | 3 years | Third-Party |
| Illinois (IL) | 5 years | Third-Party |
| Indiana (IN) | 2 years Act Soon | Third-Party |
| Iowa (IA) | 5 years | Third-Party |
| Kansas (KS) | 2 years Act Soon | Third-Party |
| Kentucky (KY) | 2 years Act Soon | Third-Party |
| Louisiana (LA) | 1 year Act Soon | Third-Party |
| Maine (ME) | 6 years | Third-Party |
| Maryland (MD) | 3 years | Third-Party |
| Massachusetts (MA) | 3 years | Third-Party |
| Michigan (MI) | N/A | Limited (Mini Tort) |
| Minnesota (MN) | 6 years | Third-Party |
| Mississippi (MS) | 3 years | Third-Party |
| Missouri (MO) | 5 years | Third-Party |
| Montana (MT) | 2 years Act Soon | Third-Party |
| Nebraska (NE) | 4 years | Not Allowed |
| Nevada (NV) | 3 years | Third-Party |
| New Hampshire (NH) | 3 years | Third-Party |
| New Jersey (NJ) | 6 years | Third-Party |
| New Mexico (NM) | 4 years | Third-Party |
| New York (NY) | 3 years | Third-Party |
| North Carolina (NC) | 3 years | First & Third-Party |
| North Dakota (ND) | 6 years | Third-Party |
| Ohio (OH) | 4 years | Third-Party |
| Oklahoma (OK) | 2 years Act Soon | Third-Party |
| Oregon (OR) | 6 years | Third-Party |
| Pennsylvania (PA) | 2 years Act Soon | Third-Party |
| Rhode Island (RI) | 10 years | Third-Party |
| South Carolina (SC) | 3 years | Third-Party |
| South Dakota (SD) | 6 years | Third-Party |
| Tennessee (TN) | 3 years | Third-Party |
| Texas (TX) | 2 years Act Soon | Third-Party |
| Utah (UT) | 3 years | Third-Party |
| Vermont (VT) | 3 years | Third-Party |
| Virginia (VA) | 5 years | Third-Party |
| Washington (WA) | 3 years | Third-Party |
| West Virginia (WV) | 2 years Act Soon | Third-Party |
| Wisconsin (WI) | 6 years | Third-Party |
| Wyoming (WY) | 4 years | Third-Party |
Important Notes
- Diminished value is a third-party tort claim — the statute of limitations for property damage applies, not the contract statute.
- The clock starts on the date of loss (the accident date), not when repairs are completed.
- Some states have unique rules. Louisiana uses a 1-year "prescriptive period." Michigan has limitations on third-party tort claims for auto accidents. Always confirm with a legal professional.
- Don’t wait until the last minute. Building a strong diminished value claim takes time — evidence is strongest shortly after the accident.
- This information is provided for educational purposes. It is not legal advice. Consult with an attorney for legal guidance specific to your situation.
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