Can I file a diminished value claim in Louisiana?

Generally yes — if another driver was at fault, Louisiana 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 Louisiana?

Usually not. In Louisiana, 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 Louisiana?

In Louisiana the statute of limitations is generally 2 years, and the clock usually starts on the accident date — not when the car was repaired. Waiting too long can permanently bar the claim.

Louisiana · Diminished value

Diminished value claims in Louisiana

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 Louisiana, that lost value — “diminished value” — can generally be pursued. Here's how Louisiana treats it.

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Louisiana 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): 2 years

Diminished value in Louisiana

Louisiana is NOT a strong first-party DV state on .gov sources — no LA Supreme Court case on lasc.org clearly establishes a first-party DV duty under standard LA auto policies. Third-party DV IS recoverable as the standard delictual property-damage measure under La. C.C. art. 2315 (diminution between pre-loss FMV and post-repair FMV; market-comparison approach), recoverable from the at-fault tortfeasor OR, when § 22:1269 direct-action conditions are met, directly from the tortfeasor's liability insurer. Prescription for third-party DV is 2 years (art. 3493.1) for actions on/after 7/1/2024; 1 year before that date.

How Moe handles diminished value in Louisiana

Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Louisiana’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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Louisiana diminished value — common questions

Can I file a diminished value claim in Louisiana?: Generally yes — if another driver was at fault, Louisiana 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 Louisiana?: Usually not. In Louisiana, 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 Louisiana?: In Louisiana the statute of limitations is generally 2 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 Louisiana accident-claim rules · Other states

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This page summarizes Louisiana’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.