Diminished Value Claims in Florida
If someone hit your car in Florida and it's worth less now even after repairs, you can claim that lost value — and you generally have 2 years to do it. Most insurers lowball this loss and count on you not noticing.
See what your Florida car really lost
Free, on screen — your honest number next to the insurer's 17c offer.
Can you claim diminished value in Florida?
Yes — Florida treats the resale value your car lost after an accident as a real loss you can recover. Recoverable at common law as an element of property damage; limitations period set by Fla. Stat. § 95.11 (amended by the 2023 tort-reform act, HB 837).
Florida recognizes third-party diminished-value claims against the at-fault driver's property-damage liability carrier as part of being made whole. First-party diminished value is generally not paid under standard Florida collision coverage; diminished value is usually pursued against the at-fault driver's carrier. If you dispute the amount of a covered loss with your own insurer, the policy's appraisal clause may apply.
How much can you get?
It depends on your car — mostly how bad the damage was, your mileage, and what the car was worth before the crash. The calculator turns those into a market-based range and shows it next to the insurer's low “17c” number.
How to file a diminished value claim in Florida
- 1Confirm the other driver was at fault — third-party diminished value is recovered from their property-damage liability carrier.
- 2Repair the car and gather the repair invoice, photos, and your pre-accident value.
- 3Document the lost resale value with an independent appraisal and comparable listings (clean vs. accident-history) for your exact vehicle.
- 4Send a written demand with your figure and a response deadline to the at-fault insurer.
- 5If you're lowballed or ignored, escalate to the Florida Department of Financial Services and consider small-claims court.
Watch the deadline: for accidents on or after March 24, 2023, the negligence statute of limitations is two years. Florida also applies modified comparative negligence — if you're found 50% or more at fault, recovery can be barred. A documented appraisal is the strongest answer to a 17c lowball. See the full step-by-step guide.
If they lowball you
You have leverage. If the insurer ignores you or offers a fraction of your documented value, you can file a free complaint with the Florida Department of Financial Services, Division of Consumer Services — file online or call 1-877-693-5236. Insurers take state complaints seriously, and for the remaining gap, small-claims court is an option.
Florida diminished value: FAQ
How long do I have to file a diminished value claim in Florida?
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For accidents on or after March 24, 2023, Florida's negligence statute of limitations is two years from the date of the accident (reduced from four by the 2023 tort-reform law). Confirm your specific deadline with a licensed attorney.
Can I file diminished value with my own insurer in Florida?
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Generally no — first-party diminished value is not typically paid under standard collision coverage. Diminished value is usually pursued against the at-fault driver's property-damage liability carrier.
Does being partly at fault affect my claim?
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It can. Under Florida's 2023 reform, if a jury finds you 50% or more at fault for the crash, recovery may be barred. This is general information, not legal advice for your situation.
Get your Florida claim kit
A personalized demand letter, a Florida Department of Financial Services, Division of Consumer Services complaint, and a comps exhibit — generated from your answers and Florida's rules, finished and ready to send.
Diminished value in other states
Sources
- Get insurance help (Division of Consumer Services) — Florida Department of Financial Services
- Florida's 2023 tort reform cuts the negligence statute of limitations — Jimerson Birr, P.A.
- Filing deadline: Fla. Stat. § 95.11.
Last reviewed 2026-06-22. State rules change — verify current law for your situation.
RecoupPro provides self-help information and document tools, not legal advice. We are not a law firm and don't provide legal representation, and using this site does not create an attorney-client relationship. For advice about your own situation, consult a licensed attorney.