because insurance companies are not in the business of making friends, if you have been in an auto accident you may be entitled to recover for the diminished value of your vehicle. but you will need help...

Diminished value claims in Florida allow for the recovery of the loss in actual cash value of your car or truck from before the accident to after. The damages and subsequent loss in value of that vehicle resulting from an auto accident are the responsibility of the at-fault party's insurance to cover. But if you don't ask, or don't know how to ask, they will likely not offer you these damages which you would be entitled to as the victim of a car crash.

Oftentimes in a car accident, the damages to your vehicle can be repaired, and may even be repaired so well that from the normal eye, your car looks fine. However, there could be significant damage to the structure and stability of the vehicle, the engine and other mechanical parts, and all of this equals a loss in value when you go to either re-sell or trade-in your automobile.

When you have been the victim of an auto accident, contact The Dempsey Law Firm for a free consultation to discuss how a diminished value claim may help you recover.

In Florida, diminished value claim laws allow a vehicle owner to seek compensation for the loss in market value of a car after it has been damaged in an accident and repaired, even if the repairs are high quality. The theory is that a vehicle involved in an accident is worth less on the open market simply because of its accident history. Florida recognizes diminished value claims primarily through case law rather than a specific statute, and these claims most commonly arise in third-party insurance claims, meaning claims made against the at-fault driver’s insurer.

Florida law generally permits third-party diminished value claims when another driver is legally responsible for the accident. In these cases, the at-fault driver (and their insurer) may be liable for the difference between the vehicle’s fair market value immediately before the accident and its value after repairs. Claimants typically must prove the diminished value with evidence such as vehicle appraisals, expert opinions, market comparisons, or dealership statements. Insurers often dispute these claims, so documentation and valuation support are critical.

By contrast, first-party diminished value claims—claims made under your own insurance policy—are usually more limited in Florida. Most auto insurance policies expressly exclude coverage for diminished value unless the policy language specifically provides otherwise. Florida courts generally enforce these exclusions, meaning policyholders often cannot recover diminished value from their own insurer unless the policy clearly allows it.

Attorney Eliot Dempsey and the Dempsey Law Firm help clients navigate Florida’s diminished value claim law, which is designed to compensate accident victims for the actual economic loss they suffer when another party is at fault. At the same time, the law recognizes that insurers may limit first-party coverage through the terms of a policy. Achieving a successful claim often requires clear proof of fault, thorough valuation evidence, and strategic handling of insurance negotiations or litigation—areas where Attorney Dempsey and his team provide experienced guidance.