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Claims Answers / Field rule

How long do I have to file a diminished-value claim?

Written by James BishopFounder, ClaimStinger

The short answer

There is no universal diminished-value filing deadline; general property-damage tort limitations vary by state. For the four states on this page, the general periods are Colorado three years (C.R.S. § 13-80-101(1)(n)(I)), Texas two years (Tex. Civ. Prac. & Rem. Code § 16.003), Minnesota six years (Minn. Stat. § 541.05, subd. 1(4)-(5)), and Missouri five years (RSMo § 516.120). These are general property-damage tort limitations; the clock generally runs from accrual of the property-damage claim—ordinarily the accident—and does not automatically start on the repair date. A first-party diminished-value claim is policy-dependent and may not be available under a standard auto policy: Texas Department of Insurance Bulletin B-0027-00 states an insurer is not obligated to pay first-party diminished value when the vehicle has been completely repaired to its pre-damage condition, and Missouri appellate decisions Camden v. State Farm, Spellman v. Sentry, and Lupo v. Shelter hold similarly when the insurer elects to repair and the repair restores the vehicle. The third-party claim against the at-fault driver’s liability insurer is where the leverage is. Colorado’s Hyden v. Farmers treated “like kind and quality” as potentially requiring restoration of market value; that is case law, not a statutory entitlement.

Do this now

  1. Pin down the dates

    Write down the accident date, repair completion date, first demand date, insurer responses, and any date on which the loss in market value became measurable.

  2. Build the value file

    Keep the pre-loss condition record, repair documents, vehicle-history entry, comparable vehicles, and written diminished-value assessment in one dated file.

  3. Confirm the deadline

    Have a licensed attorney or other qualified local professional confirm the state, cause of action, accrual date, tolling rules, and any written-claim requirement before the window closes.

Four-state comparison

StateThe ruleFiling window or thresholdCitation
ColoradoThe general period for an action for damage to property is three years. The limitations clock generally runs from accrual of the claim, ordinarily the accident, not automatically from the repair date.3 years from accrual; confirm accrual and tolling for the facts.C.R.S. § 13-80-101(1)(n)(I)
TexasThe general period for an action for injury to property is two years. The limitations clock generally runs from accrual, not automatically from the repair date.2 years from accrual; confirm the cause of action and any tolling rule.Tex. Civ. Prac. & Rem. Code § 16.003
MinnesotaActions for taking, detaining, or injuring personal property, and other actions not otherwise provided for, generally have a six-year period.6 years from accrual; confirm the applicable subdivision and tolling rule.Minn. Stat. § 541.05, subd. 1(4)-(5)
MissouriThe general period for property damage and other non-contract injury covered by the statute is five years. The limitations clock generally runs from accrual, not automatically from the repair date.5 years from accrual; confirm the applicable subsection and tolling rule.RSMo § 516.120

This table is a practical starting point, not a substitute for reviewing the current policy, statute, regulation, and claim dates.

The regulation behind this

C.R.S. § 13-80-101(1)(n)(I); Tex. Civ. Prac. & Rem. Code § 16.003; Minn. Stat. § 541.05, subd. 1(4)-(5); RSMo § 516.120

These are general limitation statutes, not promises that a carrier will accept a diminished-value claim. First-party availability is policy-dependent; the cited Texas bulletin and Missouri cases address important repair-and-restoration limits, while Hyden v. Farmers is Colorado case law rather than a statutory entitlement.

Build the record before the dispute

Diminished Value Claim Report gives you a dated, organized record for the next decision.

View the Diminished Value Claim Report