Diminished value claims in California
Last reviewed:
Repaired car worth less after a California crash? Call for a free review.
Call about lost value(833) 716-6705
We answer 24/7, review your claim free, and link you to a car accident lawyer who takes no fee unless you win.
California diminished value is claimed from the driver who caused the crash. California has no set formula, so the claim rests on an appraisal of what buyers pay for a car like yours after a crash.
Claim against: The at-fault driver's insurer.
Deadline to sue for car damage: Three years.
Who can claim
The claim goes to the at-fault driver's insurer. California claim rules require insurers to accept or deny within 40 days of proof, under 10 CCR 2695.7.
The formula
California sets no formula. For totaled cars, its rules use a comparable car of the same maker, model year and mileage, under 10 CCR 2695.8. The same idea helps value a loss after repair.
A repaired $35,000 car with moderate damage and 30,000 miles gives $1,400 by the 17c formula.
That is $35,000 times 10 percent, $3,500, times 0.5 for damage and 0.8 for miles. Try yours on the diminished value calculator.
The deadline
Newest change: Since January 1, 2025, the lowest legal California policy carries $15,000 for property damage, up from $5,000.
How to file with their insurer
- Call us, so a lawyer tells you which insurer to claim against.
- Wait until repairs are done and get the final repair bill.
- Get a written appraisal that lists sales of similar cars.
- Send the appraisal, the repair bill and photos with a short letter asking for the amount.
California diminished value questions
Can I claim diminished value in California?
Yes, against the at-fault driver's insurer.
How long do I have in California?
Three years to sue for damage to your car, under CCP 338.
What formula does California use?
None. An appraisal with sales of cars like yours sets the number.
How fast must the insurer answer?
Within 40 days of proof of claim, under California claim rules.
What to do now
Call about lost value(833) 716-6705
We answer 24/7, review your claim free, and link you to a car accident lawyer who takes no fee unless you win.
Once you accept the insurer's figure, the lost value you did not claim may be gone for good. California gives you three years from the crash date to sue for property damage, and that clock is already running. Call before you sign or answer anything, and have your appraisal reviewed free.