Who can claim diminished value in Idaho
- Third-party claim (the other driver was at fault): lost market value is part of the property-damage claim against that driver's liability insurer.
- First-party claim (your own policy): the Idaho Department of Insurance tells consumers that an insurer is not obligated to pay diminished value unless the policy says so. Standard collision coverage pays to repair or pays actual cash value.
- Idaho is an at-fault state, so there is no no-fault system standing between you and the at-fault driver's coverage.
Idaho deadline: 3 years (Idaho Code § 5-218(3))
Idaho Code § 5-218 gives three years for an action for taking, detaining or injuring goods or chattels, which covers damage to your car. Start the insurance claim long before that, while the repair file and photos are fresh.
Fault: Idaho Code § 6-801
Modified comparative negligence: you recover only if your negligence was not as great as the negligence of the person you are claiming against, and your damages are reduced by your share. At an even split you recover nothing.
How Idaho law treats diminished value
No Idaho statute addresses diminished value directly; third-party claims generally fall under property-damage law. The Idaho Supreme Court's rule for partly damaged property, stated in Skaggs Drug Centers, Inc. v. City of Idaho Falls, 90 Idaho 1, 407 P.2d 695 (1965), is the difference in reasonable market value immediately before and immediately after the injury, or the reasonable cost of repairs if that is less.
Skaggs involved damaged store merchandise, not a car, and we found no Idaho appellate decision applying the rule to a repaired vehicle's lost value. The practical point is the same: the claim is about market value, so your evidence has to show what the car was worth before the crash and what it is worth now with an accident on its record.
Good Idaho evidence uses the market where the car would actually sell. Boise, Coeur d'Alene, Idaho Falls and Twin Falls dealers each price accident-history trucks and SUVs differently, and a repair invoice showing frame or structural work tells a buyer more than a photo does.
How insurers value a totaled car in Idaho
Idaho does not have a total-loss valuation rule as detailed as some neighboring states. Insurers usually value a totaled car with a vendor report built from comparable listings, then adjust for mileage, options and condition. Ask for the complete report and check each comparable against your car.
The Idaho Department of Insurance says plainly that it does not have authority to determine the value of your vehicle. If you disagree with the number, the tools are the policy's appraisal clause, a written demand backed by evidence, or court. The Department does take complaints about how a claim was handled.
Watch for comparables pulled from distant markets or with a different drivetrain. Four-wheel drive and towing packages carry real value in rural Idaho, and a valuation that ignores them understates your car.
The appraisal clause in Idaho
The Idaho Department of Insurance notes that auto policies include appraisal or arbitration language for disagreements about a vehicle's value. Under a typical appraisal clause, you and the insurer each hire an appraiser, an umpire settles differences, and the result fixes the amount of the loss, not whether it is covered.
Appraisal belongs to your own policy. It is useful for a first-party total-loss dispute, but it does not govern a diminished-value claim against the other driver's insurer.
What else matters in Idaho
- Idaho small claims departments hear money claims up to $15,000 (Idaho Code § 1-2301), which covers most diminished-value disputes without hiring a lawyer.
- Complaints about claim handling go to the Idaho Department of Insurance through its online complaint system or its Consumer Affairs line.
- Hail and wildlife strikes are common Idaho claims. A deer or hail loss with no other driver involved goes through your own comprehensive coverage, where a separate diminished-value payment is usually not owed.
What to gather for a Idaho diminished value claim
- The final repair invoice, with every supplement
- Photos of the damage before repair, and of the car after repair
- Proof of the car's condition before the crash: service records, earlier photos, mileage, trim and options
- A diminished value appraisal: a written valuation of what the accident did to your car's resale value
- The crash report and the claim number on the at-fault driver's policy
For the appraisal, a formula figure is not market evidence. What holds up is a comparison of your car against Idaho-market listings with and without accident history.
How to ask the at-fault insurer in writing
- Get the claim number and adjuster for the property-damage claim on the at-fault driver's policy. It is a separate claim from anything on your own policy.
- Write a short letter or email: the date of loss, the claim number, your car (year, make, model and VIN), that you are claiming diminished value, the amount, and how it was worked out.
- Attach the appraisal, the final repair invoice and the photos. Keep the originals.
- Ask for a written response, and if the insurer disagrees, ask for its own valuation in writing.
- Send it in a way you can prove, such as email to the adjuster plus certified mail, and keep a copy of everything you send and receive.
- Watch the 3-year deadline under Idaho Code § 5-218(3). An open insurance claim does not stop it.
You send the request yourself. If it needs to go further, that is a decision for you or your attorney. General information, not legal advice.