Can I file a diminished value claim in Massachusetts?

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

Usually not. In Massachusetts, 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 Massachusetts?

In Massachusetts 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.

Massachusetts · Diminished value

Diminished value claims in Massachusetts

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

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Massachusetts 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

Diminished value in Massachusetts

First-party inherent DV against the insured's own carrier is NOT recoverable under the Standard MA Auto Policy — foreclosed by Given v. Commerce (440 Mass. 207, 2003) for Parts 7/8/9. Third-party DV: McGilloway v. Safety Ins. (SJC-13053, 2021) recognized third-party DV under the 2008 form, but Cubberley v. Commerce Ins. (495 Mass. 289, SJC-13563, Jan. 30, 2025) forecloses third-party-via-insurer IDV under the 2016 form — IDV remains recoverable ONLY against the tortfeasor DIRECTLY (personal-asset exposure), not via the at-fault driver's liability carrier under the standard policy. Burden on claimant: prove DV exists post-full-repair and prove the amount. Methodology is Market Comparison (17c never default).

The cases that shape DV in Massachusetts

McGilloway v. Safety Ins. Co., SJC-13053 (2021); Cubberley v. Commerce Ins. Co., 495 Mass. 289, SJC-13563 (Jan. 30, 2025)

How Moe handles diminished value in Massachusetts

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

Can I file a diminished value claim in Massachusetts?: Generally yes — if another driver was at fault, Massachusetts 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 Massachusetts?: Usually not. In Massachusetts, 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 Massachusetts?: In Massachusetts 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.

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All Massachusetts accident-claim rules · Other states

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This page summarizes Massachusetts’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.