Can I file a diminished value claim in Montana?

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

Usually not. In Montana, 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 Montana?

In Montana 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.

Montana · Diminished value

Diminished value claims in Montana

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

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Montana 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 Montana

First-party DV is an OPEN QUESTION in Montana per Hop v. Safeco Ins. Co. of Ill., 2011 MT 215, 261 P.3d 981 (Mont. 2011) — the MT Supreme Court reversed class certification and declined to resolve whether 1P DV is recognized or rejected. MT belongs to neither the 1P-recognition cluster (GA/WA/OR) nor the non-recognition cluster (FL/TX/IN/MA/SC/AL/CA). Third-party DV is independently recoverable under standard tort measure of property damage (pre-loss FMV minus post-repair FMV), and MT's unique § 33-18-242 third-party private right provides additional leverage directly against the tortfeasor's insurer.

The cases that shape DV in Montana

Hop v. Safeco Ins. Co. of Ill., 2011 MT 215, 261 P.3d 981 (Mont. 2011) — first-party DV is an OPEN QUESTION (neither recognized nor rejected)

How Moe handles diminished value in Montana

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

Can I file a diminished value claim in Montana?: Generally yes — if another driver was at fault, Montana 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 Montana?: Usually not. In Montana, 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 Montana?: In Montana 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 Montana accident-claim rules · Other states

Sources

Hop v. Safeco Ins. Co. of Ill., 2011 MT 215, 261 P.3d 981

This page summarizes Montana’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.