Diminished value claims in Idaho

Law checked · General information, not legal advice

Short answer

Can I claim diminished value in Idaho?

Generally yes, against the driver who caused the crash. Idaho measures damage to personal property by the drop in market value from just before to just after the injury, so lost value is part of the property-damage claim. You have three years to sue (Idaho Code § 5-218), and under Idaho Code § 6-801 you recover only if your negligence was less than the other driver's.

General information about Idaho law, not legal advice. Results vary.

Deadline to sue

3 years

Idaho Code § 5-218(3)

Fault rule

Modified comparative negligence

Idaho Code § 6-801

Who pays DV

At-fault driver's insurer

Your own policy

Usually no DV

Have a Idaho diminished value or total loss claim?

Text us what the insurer offered. We review it and tell you straight whether it holds up.

Flat fee if you hire us, never a cut of your settlement. Not legal advice.

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

  1. 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.
  2. 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.
  3. Attach the appraisal, the final repair invoice and the photos. Keep the originals.
  4. Ask for a written response, and if the insurer disagrees, ask for its own valuation in writing.
  5. 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.
  6. 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.

A flat fee, not a cut of what you recover.

A percentage fee comes out of whatever extra the insurer pays. Our fee is flat, so it stays the same however much you recover. Compare what you would keep.

From $500 to $25,000. An estimate, not a prediction.

Claim type

On $4,000, you keep $3,751 with InsurifyAI, and $2,680 with an attorney.

  • Diminished-value recovery service

    Typical fee: 33% contingency*

    You keep

    $2,680

    They take $1,320

  • Attorney

    Typical fee: 33% contingency

    You keep

    $2,680

    They take $1,320

  • InsurifyAI

    Diminished Value Kit: $249 flat

    You keep

    $3,751

    You pay $249, flat. No cut of the recovery.

The Diminished Value Kit is not covered by the money-back guarantee. The Full Claim Kit is.

Typical fee ranges are industry estimates and vary by provider and state. *Diminished-value recovery services often charge 25–33%; the higher end is shown. Attorneys often charge about 33%, and some add costs. Confirm any provider’s terms directly.

Sources for the typical ranges, not any named provider’s fees: published contingency rates of diminished-value recovery services, and the one-third contingency common in attorney fee agreements.

Those options handle the claim for you. The kit gives you the valuation evidence and letters to respond to the insurer yourself.

Results vary. Not legal advice.

Flat fee

$349

A written valuation of your car built from Idaho market evidence, signed by an ASCAA Certified Auto Appraiser, with every comparable listed so an adjuster can check each line, plus demand letters you send yourself. One flat $349, never a percentage of your settlement. If you recover less than $500, the fee is refunded under our guarantee terms.

One case, results vary

2019 Tesla Model 3 total loss

$17,262 → $29,155

Our founder's own total-loss claim. The insurer's first valuation was $17,262. After a dispute built on comparable sales and a documented valuation, the agreed value was $29,155. That is a total-loss case, not a diminished-value case, and every claim turns on its own vehicle, market and insurer. Read the case.

Not sure the insurer's number is wrong?

Run the free Report Check first. Answer a few questions about your repair or total-loss offer and see what commonly gets missed in an insurer's valuation, with a rough range. It is free and takes about two minutes.

Run the free Report Check

Idaho diminished value FAQ

Is Idaho a diminished value state?
Generally yes for third-party claims. No Idaho statute addresses diminished value directly, but Idaho measures damage to property by the drop in market value, so lost value can be part of a claim against the at-fault driver. Claims against your own policy depend on its wording.
How long do I have to file a diminished value claim in Idaho?
Three years to file suit for injuring goods or chattels under Idaho Code § 5-218. Open the claim with the insurer much sooner.
What if I was partly at fault in Idaho?
Under Idaho Code § 6-801 your recovery is reduced by your share of negligence, and you recover nothing if your negligence was as great as or greater than the other driver's.
Will the Idaho Department of Insurance decide what my car is worth?
No. The Department says it cannot determine your vehicle's value. It accepts complaints about claim handling, but a value dispute is settled by agreement, appraisal under your policy, or court.

Sources

Compare your options

Diminished value in other states

Still weighing a Idaho diminished value claim?

Text us the repair invoice total and what the insurer said. We tell you straight whether a claim looks worth making. General information, not legal advice.

Flat fee if you hire us, never a cut of your settlement. Not legal advice.

This page is general information about Idaho law, not legal advice, and it does not create an attorney-client relationship. InsurifyAI is not a law firm. Laws change and every claim is different; for advice about your situation, talk to a licensed Idaho attorney. Results vary.