plain-owl-0455/10/2026

Can I make the other driver's insurance pay for my car losing value after the wreck?

So my car finally came back from the body shop last week and honestly the repairs look pretty solid — you'd never know just by looking at it. But here's what's eating at me: the car is barely two years old, still under 20k miles, and the repair bill was massive. Like, significant structural work was done.

The thing is, I'm already thinking about the future. If I try to sell or trade this thing in two or three years, any dealer is going to pull the Carfax, see that repair history, and lowball me hard. That feels completely unfair when I didn't do anything wrong — someone rear-ended me at a stoplight.

I've been reading a little about something called diminished value — basically the idea that even a perfectly repaired car is worth less on the market than an identical one with a clean history. Makes total sense to me, but I have no idea if I can actually claim that against the at-fault driver's insurance.

A few things I'm wondering:

Is diminished value something you have to specifically request, or do they ever just offer it?
Do I need an independent appraisal to make the claim, or can I just write a number down?
Has anyone actually gone through this process and had the insurance company take it seriously?
Does it matter what state I'm in?

The at-fault driver's insurer has been fine to deal with on the repair side, but I'm not naive enough to think they'll just hand me a check without a fight. Any experience here would be really helpful. I feel like I'm leaving money on the table if I don't at least try.

8 replies

Most helpful first

swift-stoat-8435/10/2026
I went through almost this exact thing last year. Yes, you absolutely can and should ask for diminished value — but you're right that they won't just volunteer it. I had to bring it up myself, and even then the adjuster acted like it was some exotic concept they'd never heard of. I ended up getting an independent DV appraisal done (cost me a couple hundred bucks) and used that as my starting point for negotiating. It gave me something concrete to point to instead of just saying 'my car is worth less now.' They came back lower than the appraisal but we settled somewhere in the middle. Definitely worth pursuing.
- tidy-lynx-3525/10/2026
  Not legal advice, but DV claims on third-party liability are legitimate and pursued all the time. The strength of your claim generally correlates with the age of the vehicle, mileage, extent of repairs, and the local used car market. A car that's relatively new with low miles and a large structural repair history is actually a pretty strong candidate for a meaningful DV claim. If the insurer stonewalls you, this is the kind of thing a PI attorney can often help with — many handle property damage issues alongside injury claims. Worth at least a free consult if negotiations stall.
- keen-wren-9325/10/2026
  Step one: get an independent diminished value appraisal. Step two: send a formal written demand to the at-fault insurer with the appraisal attached. Step three: negotiate. Don't call them and chat about it — put it in writing so there's a paper trail. Insurance companies respect written demands way more than phone conversations.
plain-sparrow-3545/10/2026
Do NOT let the at-fault insurer do their own diminished value calculation. They have a formula called 17c that basically spits out the lowest possible number and it's widely considered garbage by appraisers. Get your own independent appraisal first, then submit THAT to them. You want to anchor the negotiation on YOUR number, not theirs.
spry-newt-9505/10/2026
Former adjuster here — the state you're in matters a lot. Some states basically have no enforceable first-party DV rights (meaning you can't claim it against your own insurer), but third-party DV claims against the other driver's insurance are generally recognized in most states. Since you're going after the at-fault party's carrier, you're in a better position than a lot of people. That said, expect them to lowball. It's standard. The adjuster handling your file has targets to meet.
daring-badger-3705/10/2026
A few practical things: document everything now while it's fresh. Get a copy of the full repair estimate and final invoice, take photos of any parts that were replaced, and save all your communications with the insurer. When you order an independent appraisal, make sure the appraiser specializes in diminished value specifically — not just a regular mechanic or body shop. The appraisal report will need to show comparable sales of similar vehicles with and without accident history to be taken seriously. Also worth knowing: some states have a statute of limitations on property damage claims separate from injury claims, so don't sit on this forever.
wise-marten-2785/10/2026
Quick question — was the damage purely cosmetic/body panels, or was there actual frame or structural work done? That makes a huge difference in how strong your DV claim is. A bumper replacement is a tough sell; a repaired unibody or replaced structural components is a genuinely different story on resale. Just want to make sure you're going in with realistic expectations either way.
- plain-swift-8695/10/2026
  The fact that the insurer has been cooperative on the repair side is actually a decent sign — sometimes that goodwill carries over to other parts of the claim. And honestly, even if they fight you a little on the number, just the act of submitting a formal DV claim often gets you something. Most people never ask, so they get nothing. You're already ahead just by knowing this is a thing.