Yes. In Virginia you can generally claim diminished value from the at-fault driver's insurer when another driver damaged your car. The Supreme Court of Virginia, in Averett v. Shircliff (1977), allowed recovery of repair costs plus any remaining loss in market value after repair.
Diminished value is the gap between what your car was worth before the accident and what it's worth after quality repairs. The accident history follows the car, and buyers pay less for it.
Claims are usually made against the at-fault driver's liability insurer. Claims under your own policy, or for an accident you caused, are usually excluded by policy language. Read your policy, or ask us.
Insurers rarely pay without documentation. An independent appraiser inspects the repaired vehicle, reviews the repair records, and analyzes the market to support a before-and-after value.
Virginia generally gives five years to file a property damage lawsuit (Va. Code § 8.01-243(B)). Don't wait, though: evidence, records, and memories are best early.
Three sides to every claim. I've worked all of them. Geoff Albach has spent 33 years in the industry as an independent appraiser, an insurance staff adjuster, and a collision repair operations director.
Related: Diminished value appraisals · Right to appraisal · Contact Geoff
Generally yes, against the at-fault party. Averett v. Shircliff (Va. 1977) allowed repair cost plus remaining loss in market value.
Usually not. Most policies exclude it. It's typically claimed from the at-fault driver's insurer.
Virginia generally allows five years to sue for property damage under Va. Code § 8.01-243(B).
Not legally required, but insurers rarely pay without documentation.
General information, not legal advice. Talk to a Virginia attorney about your specific claim.
Call or text Geoff at 434-665-6059. Lynchburg, VA.
