Summary – Nebraska Diminished Value Claims
Statute of Limitations: 4 years
Third Party Diminished Value Claim: Yes
First Party Diminished Value Claim: No, most insurance policies will exclude diminished value
Nebraska Property Damage Minimum Limits: $25,000 in coverage
Uninsured Motorist Coverage for Diminished Value: No coverage
Underinsured Motorist Coverage for Diminished Value: No coverage
Nebraska Small Claims Court Limit: $3,900, Attorneys are not allowed to participate. Appeals are permitted.
Nebraska Diminished Value Law
There have been no reported court cases in favor of or against diminished value claims in Nebraska. With no cases against diminished value in Nebraska, accident victims should be eligible to receive diminished value compensation in a third-party claim.
The Restatement of Torts, Second § 928 Harm to Chattels provides:
When one is entitled to a judgment for harm to chattels not amounting to a total destruction in value, the damages include compensation for
(a) the difference between the value of the chattel before the harm and the value after the harm or, at his election in an appropriate case, the reasonable cost of repair or restoration, with due allowance for any difference between the original value and the value after repairs, and
(b) the loss of use.
How to File a Diminished Value Claim in Nebraska
A vehicle owner can pursue a claim for diminished value from the negligent party, typically by filing directly with the at-fault insurance company. However, to make this claim, you must provide clear proof of your vehicles diminished value.
Follow these steps to move through a diminished value claim and increase the odds that you will get the compensation you deserve for your financial losses.
1. Obtain an accurate appraisal of the car’s value before the accident and its value after repairs are completed. Hiring a reliable, certified appraiser such as DVCHECK is the key in filing a successful diminished value claim.
2. File for a diminished claim with the at-fault party’s insurance company as soon as possible, preferably as soon as the vehicle has been repaired.
3. Negotiate a settlement with the insurance adjuster
We can help you recover your vehicle’s diminished value. If you have any questions, please call us at 704-209-7629 or submit a request for a free estimate.