Can I file a diminished value claim in Illinois?

Generally yes — if another driver was at fault, Illinois typically lets you pursue diminished value (the resale value your car lost just from having an accident on its record) against that driver's insurer. Diminished value applies to a repaired car, not a totaled one.

Can I recover diminished value from my own insurer in Illinois?

Usually not. In Illinois, as in most states, your own auto policy generally doesn't cover diminished value — it's typically pursued against the at-fault driver's insurer instead.

How long do I have to file a diminished value claim in Illinois?

In Illinois the statute of limitations is generally 5 years, and the clock usually starts on the accident date — not when the car was repaired. Waiting too long can permanently bar the claim.

Illinois · Diminished value

Diminished value claims in Illinois

If your car was repaired after a crash someone else caused, it's now worth less on paper simply because it has an accident on its record. In Illinois, that lost value — “diminished value” — can generally be pursued. Here's how Illinois treats it.

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Illinois at a glance

Third-party DV (at-fault driver's insurer): Yes
First-party DV (your own insurer): No
How DV is measured: Market comparison (before-vs-after value)
Time limit to file (statute of limitations): 5 years

Diminished value in Illinois

No IDOI guidance or IL Supreme Court opinion squarely addresses first-party DV (STILL UNVERIFIED ON .GOV). First-party DV in IL is policy-language driven — most policies bar it via 'limit of liability' or 'no obligation to pay diminution in value' clauses, so first-party DV is treated as DISABLED in IL (consistent with FL/TX/NY/MI/OH). Third-party DV against the tortfeasor's liability carrier follows the common-law tort measure (lesser of cost of repair vs. diminution in value) and is active.

How Moe handles diminished value in Illinois

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Illinois’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.

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Illinois diminished value — common questions

Can I file a diminished value claim in Illinois?: Generally yes — if another driver was at fault, Illinois typically lets you pursue diminished value (the resale value your car lost just from having an accident on its record) against that driver's insurer. Diminished value applies to a repaired car, not a totaled one.
Can I recover diminished value from my own insurer in Illinois?: Usually not. In Illinois, as in most states, your own auto policy generally doesn't cover diminished value — it's typically pursued against the at-fault driver's insurer instead.
How long do I have to file a diminished value claim in Illinois?: In Illinois the statute of limitations is generally 5 years, and the clock usually starts on the accident date — not when the car was repaired. Waiting too long can permanently bar the claim.

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All Illinois accident-claim rules · Other states

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Third-party DV against the tortfeasor's liability carrier follows the common-law tort measure

This page summarizes Illinois’s car-accident claim rules for general information — it is not legal advice, and the rules can change. What applies to your claim depends on your policy and the specific facts.