Diminished value claims in Maryland
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 Maryland, that lost value — “diminished value” — can generally be pursued. Here's how Maryland treats it.
Maryland 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)
- 3 years
You can generally pursue the lost resale value from the at-fault driver's insurer.
Like most states, your own policy generally doesn't cover diminished value.
Measured from the accident date, not the repair date.
Diminished value in Maryland
MD statute and case law are SILENT on first-party DV (NOT a Mabry-state); first-party DV is typically blocked by anti-DV policy exclusions broadly enforced by MD courts. Third-party DV is recoverable at common law on a case-by-case evidentiary basis (no statutory methodology), subject to the contributory bar. MIA Bulletin 24-8 (2024) MANDATES that statutorily required UM/UIM coverage include diminished value — insurer cannot exclude DV from required UM/UIM coverage. Methodology: Market Comparison Approach (17c never default).
The cases that shape DV in Maryland
Fitzgerald v. State Farm Mut. Auto. Ins. Co. (first-party DV denial under anti-DV policy exclusions — STILL UNVERIFIED ON .GOV)
How Moe handles diminished value in Maryland
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to Maryland’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
Maryland diminished value — common questions
- Can I file a diminished value claim in Maryland?
- Generally yes — if another driver was at fault, Maryland 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 Maryland?
- Usually not. In Maryland, 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 Maryland?
- In Maryland the statute of limitations is generally 3 years, and the clock usually starts on the accident date — not when the car was repaired. Waiting too long can permanently bar the claim.
Learn more
Sources
This page summarizes Maryland’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.