Diminished value claims in North Dakota
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 North Dakota, that lost value — “diminished value” — can generally be pursued. Here's how North Dakota treats it.
North Dakota 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)
- 6 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 North Dakota
No controlling ND Supreme Court first-party DV opinion on ndcourts.gov; no express first-party DV statute in Title 26.1. ND is NOT a strong first-party DV state. Third-party DV (against the at-fault driver in tort) IS recoverable as an element of the property-damage measure of damages (pre-loss FMV minus post-repair FMV). Because DV is property damage (not noneconomic), the § 26.1-41-08 tort threshold does NOT gate third-party DV.
How Moe handles diminished value in North Dakota
Knowing the rule is one thing — applying it against a carrier is another. Moe builds your case to North Dakota’s rules, drafts every letter for your approval, tracks the deadlines, and only pings you when there’s a decision to make.
North Dakota diminished value — common questions
- Can I file a diminished value claim in North Dakota?
- Generally yes — if another driver was at fault, North Dakota 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 North Dakota?
- Usually not. In North Dakota, 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 North Dakota?
- In North Dakota the statute of limitations is generally 6 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 North Dakota’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.