{ "name": "Total loss and diminished value rules by US state", "description": "Total-loss thresholds, sales tax and fee rules, valuation and claim-timeline rules, diminished value recoverability, property-damage deadlines and DOI complaint contacts for 50 states and DC, each with a citation.", "publisher": "Fairmark", "url": "https://fairmarkvalue.com/states", "license": "https://creativecommons.org/licenses/by/4.0/", "citation": "Fairmark, Total loss and diminished value laws by state, fairmarkvalue.com/states, last reviewed November 4, 2026.", "last_reviewed": "2026-11-04", "note": "General information, not legal advice. Confidence and caveats are per state; confirm with the state Department of Insurance before relying on a rule.", "fields": { "total_loss_threshold.governs": "title_only: a salvage-title test, not a limit on when an insurer may total a car; title: a title or salvage law definition that the sources do not tie to the insurer either way; insurer: a rule on the insurer's own total-loss decision; none: no percentage or formula for insurer-paid claims", "total_loss_threshold.percent_max": "the top of the range where the rule gives one ('75% to 80%'); percent is the bottom, and treatment in between is unsettled", "total_loss_threshold.percent_unconfirmed": "true where the percentage comes from an older copy or secondary sources, not the current official text", "claim_timelines.deadlines.decide_kind": "what is due by the decide deadline: absent means accept or deny the claim; offer means a settlement offer; offer_or_denial means a written offer or a written denial", "claim_timelines.deadlines.total_loss_offer": "a separate deadline for the cash offer once the insurer decides the car is a total loss", "vehicle_sales_tax.tax_type": "none where the state has no general sales tax on a car; there, a rule that requires taxes in the settlement mainly covers fees and any local or vehicle tax", "fees_first_party": "required, required_on_proof_of_purchase, or not_stated (the rule does not say fees are owed)", "sales_tax_third_party": "required, required_on_proof_of_purchase or unclear where the data says the tax rule reaches claims against the at-fault driver; not_stated otherwise", "tl_caveats": "points not fully confirmed, shown on the total-loss page", "dv_caveats": "points not fully confirmed, shown on the diminished-value page" }, "states": [ { "code": "AL", "name": "Alabama", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "For title purposes, a total loss occurs when an insurer or any other person pays a settlement for a damaged vehicle and the damage is greater than or equal to 75% of the vehicle's pre-damage fair retail value, as set out in a current nationally recognized compilation of retail values, including automated databases. This is a titling (salvage) test, not a cap on when an insurer may total a car.", "citation": "Ala. Code § 32-8-87(d)(1)", "source_url": "https://alison.legislature.state.al.us/code-of-alabama?section=32-8-87", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "On a first-party total loss settled at actual cash value, a cash settlement must include all applicable taxes, license fees and other fees incident to transfer of ownership of a comparable automobile. The amount for taxes and fees is limited to what would have been paid on the totaled vehicle at the time of settlement. A replacement-vehicle offer must also cover these taxes and fees. The rule does not require the owner to buy a replacement first.", "citation": "Ala. Admin. Code r. 482-1-125-.08(1)(a)-(b)", "source_url": "https://www.law.cornell.edu/regulations/alabama/Ala-Admin-Code-r-482-1-125-.08" }, "valuation_method_rules": { "summary": "For a first-party total loss the insurer must either (a) offer a comparable replacement vehicle: same manufacturer, same or newer year, similar body style, options and mileage, in as good or better condition, and available within a reasonable distance; or (b) pay a cash settlement equal to the actual cost of a comparable automobile: same manufacturer, same model year, similar body style, condition, options and mileage. That cost may be derived under Alabama Department of Revenue total-loss rules. Any other basis must be supported by documentation of the vehicle's condition. Deductions, including salvage, must be measurable, discernible, itemized and specified in dollars, and the basis of the settlement must be fully explained to the claimant. Betterment or depreciation deductions must be itemized, and the supporting information must be kept in the claim file. If a partial loss is settled on the insurer's written estimate, the insured must get a copy. Claimants cannot be required to travel an unreasonable distance.", "citation": "Ala. Admin. Code r. 482-1-125-.08(1)(c), (3)-(5), (8)", "source_url": "https://www.law.cornell.edu/regulations/alabama/Ala-Admin-Code-r-482-1-125-.08" }, "claim_timelines": { "summary": "First-party claims: acknowledge within 15 days of notice (unless paid), send forms and instructions within 15 days, and reply within 15 days to other written communications that call for a response. Advise acceptance or denial within 30 days after properly executed proofs of loss (or the number of days in the policy). If more time is needed, notify within 30 days giving reasons, then 45 days after that notice and every 45 days after. These notice rules stop applying once the claim is in litigation. Tender payment within 30 days (or the policy period) after accepting liability, agreeing on the amount and receiving the needed documents. An unrepresented first-party claimant must get written notice of the limitations expiration date approximately 45 calendar days before it expires.", "citation": "Ala. Admin. Code r. 482-1-125-.06(1),(3),(4); r. 482-1-125-.07(1),(2),(4),(6)", "source_url": "https://www.law.cornell.edu/regulations/alabama/Ala-Admin-Code-r-482-1-125-.07", "deadlines": { "acknowledge": "15 days", "decide": "30 days after proof of loss", "pay": "30 days after the amount is agreed" } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing and ask for the itemized basis of the valuation and every deduction. Rule 482-1-125-.08(1)(c) requires deductions to be itemized and the basis fully explained. The owner can also invoke the policy's appraisal clause if it has one, file a complaint with ALDOI (ALDOI says it does not adjudicate disputes), or sue: small claims or district court for a third-party claim against the at-fault driver, or a contract claim against their own insurer. ALDOI asks consumers to contact the insurer first.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: the usual tort measure is the difference in market value immediately before and after the injury (Alford v. Jones, quoted in Martin v. Scaife). Martin v. Scaife (Ala. 1991) holds that when the tortfeasor's insurer has paid for repairs, the claimant must either deduct that payment from the before-and-after difference or recover the difference between the pre-accident value and the value after repair. That second option is a residual diminished value recovery. First-party: Pritchett v. State Farm (Ala. Civ. App. 2002) held the policy's repair-or-replace language did not require State Farm to pay diminution in value after repairs. Ala. Admin. Code r. 482-1-125-.08(6) also says it creates no duty on the insurer to pay alleged diminution in value.", "citation": "Martin v. Scaife, 587 So. 2d 995 (Ala. 1991); Pritchett v. State Farm Mut. Auto. Ins. Co., 834 So. 2d 785 (Ala. Civ. App. 2002); Ala. Admin. Code r. 482-1-125-.08(6)", "source_url": "https://hallapproved.com/al/cases/supreme/1991/7661377/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "Ala. Code § 6-2-38(l) (two years for injury to the person or rights of another not arising from contract and not specifically enumerated). Ala. Code § 6-2-34(2) separately gives six years for 'any trespass to real or personal property'. No Alabama decision we found settles which one governs negligent vehicle damage; 2 years is the safe deadline.", "source_url": "https://alison.legislature.state.al.us/code-of-alabama?section=6-2-38" }, "doi": { "name": "Alabama Department of Insurance (Consumer Services Division)", "complaint_url": "https://aldoi.gov/consumers/filecomplaint.aspx", "phone": "1-800-433-3966 (toll-free); (334) 241-4141" }, "confidence": "medium", "tl_caveats": [ "Alabama has two possible deadlines for a vehicle-damage lawsuit: 2 years under § 6-2-38(l) and 6 years under § 6-2-34(2) for trespass to personal property. We found no Alabama decision that settles which one applies to a negligent crash, so treat 2 years as your deadline.", "Alabama follows contributory negligence, so any fault on your part may bar a claim against the other driver. We have not confirmed this against a primary source.", "Rule 482-1-125-.08(1) covers total losses on your own policy only. We found no Alabama rule that sets valuation standards for a total-loss claim against the other driver's insurer.", "We could not confirm the Alabama Department of Insurance complaint page and phone numbers (1-800-433-3966; 334-241-4141) directly, or its statement that it does not decide disputes. Call to confirm before you file." ], "dv_caveats": [ "Alabama has two possible deadlines for a vehicle-damage lawsuit: 2 years under § 6-2-38(l) and 6 years under § 6-2-34(2) for trespass to personal property. We found no Alabama decision that settles which one applies to a negligent crash, so treat 2 years as your deadline.", "A law-firm 50-state survey (Matthiesen, Wickert & Lehrer, updated March 2022) reports no Alabama decisions allowing diminished value after repair in third-party claims. The Martin v. Scaife opinion, however, lets the owner recover the pre-accident value minus the post-repair value when the at-fault side paid for repairs, so a third-party claim appears available. Ask a lawyer before you treat this as settled law.", "Alabama follows contributory negligence, so any fault on your part may bar a claim against the other driver. We have not confirmed this against a primary source.", "We could not confirm the Alabama Department of Insurance complaint page and phone numbers (1-800-433-3966; 334-241-4141) directly, or its statement that it does not decide disputes. Call to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.02, "summary": "2% state automotive-vehicle sales tax on the net price after trade-in (parts and accessories bought later are 4%). One city and one county local tax are added based on the dealer's location.", "source_url": "https://www.revenue.alabama.gov/sales-use/state-sales-use-tax-rates/", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "additional_sources": [ "https://www.revenue.alabama.gov/wp-content/uploads/2022/06/Automotive_Sales_Use_Lease_Tax_Guide.pdf" ] }, "slug": "alabama", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/alabama", "diminished_value": "https://fairmarkvalue.com/diminished-value/alabama" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "AK", "name": "Alaska", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No statutory percentage threshold was found. A DMV regulation on unrepairable vehicles defines 'constructive total loss' as damage where the cost of repair exceeds the vehicle's worth or insured value. An insurer that takes title to an unrepairable vehicle in settling an actual or constructive total loss must mark the title 'junk' and surrender it to the DMV.", "citation": "2 AAC 92.170(a), (c)", "source_url": "https://www.law.cornell.edu/regulations/alaska/2-AAC-92.170", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "A cash settlement, or a replacement-vehicle offer, on a total loss valued at actual cash value or like kind and quality must include all applicable taxes, license fees, destination or delivery charges, and other fees incident to transfer of ownership, less only the deductible. This applies to both first-party and third-party motor vehicle claims. Alaska has no statewide sales tax, so 'applicable taxes' means local taxes where they apply. The Division of Insurance's Bulletin B10-04 repeats that settlement offers must include these taxes, fees and delivery charges.", "citation": "3 AAC 26.080(a)(1)(A)-(B); Alaska Division of Insurance Bulletin B10-04 (Mar. 19, 2010)", "source_url": "https://commerce.alaska.gov/web/Portals/11/pub/Bulletins/B10-04.pdf" }, "valuation_method_rules": { "summary": "The cash settlement equals the actual cost of a comparable motor vehicle (same manufacturer, same or newer model year, similar body style, options and mileage, as good or better condition), determined in this order: (i) a comparable vehicle in the claimant's local market area that is available now or was in the last 90 days; (ii) the average of quotes from two or more licensed dealers in the local market area, expanding in 25-mile increments until two quotes are found; (iii) a computerized database producing statistically valid fair market values; (iv) the average retail value from two regularly published industry guides, but only if (i)-(iii) find no comparables and only with the claimant's consent; (v) another basis allowed by the coverage, documented and fully explained, only if (i)-(iv) find none. Database sources must give primary consideration to local comparables from the last 90 days, may expand to 180 days in 30-day steps and then outward in 25-mile steps, and must cover at least 85% of makes and models for the last 15 model years. 'Local market area' means the area closest to the claimant's residence with two or more licensed dealers. The insurer must give a reasonable written explanation of the valuation. Betterment or depreciation deductions must be itemized, explained in writing, measurable and documented in dollar amounts. Salvage value may not be reduced for cleaning charges. If the claimant notifies the insurer within 60 days after receiving payment that a comparable cannot be bought for the amount paid, and appraisal has not been used, the insurer must reopen the file and do one of the following: find a comparable at that price through a licensed dealer, pay the difference for a comparable the claimant found, buy that vehicle for the claimant, or (first-party only) use appraisal. The reopen duty does not apply if, at settlement, the insurer documented a specific comparable available for the settlement amount and the claimant did not buy it within 10 working days after final payment was sent.", "citation": "3 AAC 26.080(a)(1)-(2), (e), (g)-(l); 3 AAC 26.300(7), (13)", "source_url": "https://www.akleg.gov/basis/aac.asp?media=print&secStart=3.26.040&secEnd=3.26.080" }, "claim_timelines": { "summary": "Acknowledge a first-party or third-party claim in writing within 10 working days, identifying the adjuster and file number. Reply to other communications within 15 working days. Complete the investigation within 30 working days, or give written notice by day 30 explaining why more time is needed. First-party claims: accept or deny in writing within 15 working days after proof of loss, with written status updates every 45 working days if more time is needed, and pay undisputed amounts within 30 working days after proof of loss. An unrepresented claimant must get written notice at least 60 calendar days before a statute of limitations or other time limit expires.", "citation": "3 AAC 26.040(a)-(b); 3 AAC 26.050; 3 AAC 26.070(a)(1)-(2), (c)", "source_url": "https://www.akleg.gov/basis/aac.asp?media=print&secStart=3.26.040&secEnd=3.26.080", "deadlines": { "acknowledge": "10 working days", "decide": "15 working days after proof of loss", "pay": "30 working days after proof of loss (undisputed amounts)" } }, "consumer_can_reject_and_keep_negotiating": "The owner can dispute in writing and ask for the written valuation explanation required by 3 AAC 26.080(a)(2). If a comparable vehicle cannot be bought for the amount paid, the owner should notify the insurer within 60 days after payment, which triggers the mandatory reopen under 26.080(j). First-party claimants can use the policy's appraisal provision. The owner can also file a complaint with the Alaska Division of Insurance or sue (small claims or district court). Under Bulletin B10-04, using dealers or comparables far from the claimant (for example Fairbanks or Seattle for a Sitka or Talkeetna claim) may violate the rule when closer ones exist.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No Alaska appellate decision on residual diminished value of a repaired vehicle was found. Willett v. State (Alaska Ct. App. 1992), a criminal mischief case about how to measure the amount of damage to a car, quoted Restatement (Second) of Torts § 928, which allows the cost of repair 'with due allowance for any difference between the original value and the value after repairs', and noted courts sometimes combine repair cost and diminution in value. That supports, but does not decide, a civil DV claim against the at-fault driver. No first-party cases were found.", "citation": "Willett v. State, 826 P.2d 1142 (Alaska Ct. App. 1992); Restatement (Second) of Torts § 928", "source_url": "https://hallapproved.com/ak/cases/appeals/1992/1250152/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "AS 09.10.070(a)(3) (taking, detaining, or injuring personal property: 2 years)", "source_url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.10.070&secEnd=09.10.070" }, "doi": { "name": "Alaska Division of Insurance (Department of Commerce, Community, and Economic Development)", "complaint_url": "https://www.commerce.alaska.gov/web/ins/Consumers/Complaints/FileaComplaint", "phone": "(907) 269-7900; in-state toll-free 1-800-INSURAK (1-800-467-8725)" }, "confidence": "high", "tl_caveats": [ "We could not open the Division of Insurance complaint page to confirm it. The (907) 269-7900 number is confirmed on the Division's Bulletin B10-04. We could not confirm the in-state 1-800-INSURAK (1-800-467-8725) number on an official page.", "We have not confirmed how insurers apply local city or borough sales taxes under the 'all applicable taxes' rule." ], "dv_caveats": [ "No Alaska court decision we found confirms diminished value claims, against the other driver's insurer or your own. Treat a claim as an untested argument.", "We could not open the Division of Insurance complaint page to confirm it. The (907) 269-7900 number is confirmed on the Division's Bulletin B10-04. We could not confirm the in-state 1-800-INSURAK (1-800-467-8725) number on an official page." ], "reopen_window": { "window": "60 days after payment", "citation": "3 AAC 26.080(j)" }, "vehicle_sales_tax": { "state_rate": 0, "summary": "No statewide sales tax. Many cities and boroughs levy local sales taxes (roughly 1%-7%) that can apply to vehicle sales; local caps and exemptions vary and were not verified.", "source_url": "https://www.commerce.alaska.gov/web/dcra/OfficeoftheStateAssessor/AlaskaSalesTaxInformation.aspx", "tax_type": "none", "local_rates_add": true, "cap": null, "confidence": "medium" }, "slug": "alaska", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/alaska", "diminished_value": "https://fairmarkvalue.com/diminished-value/alaska" }, "fees_first_party": "required", "sales_tax_third_party": "required" }, { "code": "AZ", "name": "Arizona", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No percentage threshold. A 'salvage vehicle' is one damaged to the extent that the owner, leasing company, financial institution or insurer considers it uneconomical to repair. When an insurer acquires a vehicle through a total-loss settlement, it must apply for a salvage, stolen-vehicle or nonrepairable title within 30 days after the owner properly assigns the title to it.", "citation": "A.R.S. § 28-2091(A), (T)(3)", "source_url": "https://www.azleg.gov/ars/28/02091.htm", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "A first-party cash settlement on an actual-cash-value or like-kind-and-quality total loss must be based on the actual cost of a comparable automobile, including all applicable taxes, license fees and other fees incident to transfer of ownership, less the deductible. A replacement-vehicle offer must also cover these. No replacement purchase is required.", "citation": "Ariz. Admin. Code R20-6-801(H)(1)(a)-(b)", "source_url": "https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R20-6-801" }, "valuation_method_rules": { "summary": "First-party total loss cash settlement: the cost of a comparable automobile in the local market area when one is available, or, if none is available, one of two or more quotations from two or more qualified dealers in the local market area. A settlement on any other basis must be supported by documentation of the vehicle's condition. Every deduction, including salvage, must be measurable, discernible, itemized, specified in dollars and appropriate in amount, and the basis must be fully explained to the claimant. Betterment or depreciation reductions must be itemized and documented. Insurer repair estimates must be reasonable, and the claimant gets a copy. Claimants cannot be required to travel unreasonably.", "citation": "Ariz. Admin. Code R20-6-801(H)(1)(b)-(c), (H)(3), (H)(5)-(6)", "source_url": "https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R20-6-801" }, "claim_timelines": { "summary": "Acknowledge a claim within 10 working days and reply to other pertinent communications within 10 working days. Complete the investigation within 30 days unless that is not reasonably possible. Advise a first-party claimant in writing of acceptance or denial within 15 working days after proofs of loss; if more time is needed, give notice within 15 working days, then a letter 45 days later and every 45 days after. A first-party claim not paid within 30 days after the insurer receives an acceptable proof of loss with all information needed to decide it carries interest at the legal rate from the date the claim was received. Before a statute of limitations or policy time limit expires, an unrepresented claimant must get written notice at least 30 days ahead (first party) or 60 days ahead (third party).", "citation": "Ariz. Admin. Code R20-6-801(E)(1),(3), (F), (G)(1)(a)-(b), (G)(4); A.R.S. § 20-462(A)", "source_url": "https://www.law.cornell.edu/regulations/arizona/Ariz-Admin-Code-SS-R20-6-801", "deadlines": { "acknowledge": "10 working days", "decide": "15 working days after proof of loss", "pay": "30 days after an acceptable proof of loss", "late": "Interest at the legal rate on a first-party claim not paid within 30 days" } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing, demand the itemized basis and the local comparables or dealer quotes required by R20-6-801(H)(1), invoke the policy's appraisal clause, file a complaint with DIFI (Arizona Department of Insurance and Financial Institutions), or sue: justice court or small claims for smaller amounts, or superior court. Under A.R.S. § 20-462, an undisputed first-party payment made late carries interest.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: Oliver v. Henry (Ariz. App. 2011) affirmed that the owner of a repaired Jeep suffered an actual, provable diminished-value loss even though he had not sold or traded it. Farmers Ins. Co. v. R.B.L. Inv. Co. (Ariz. App. 1983) adopted the rule that compensation for a negligently damaged vehicle may include the cost of repair plus proven residual diminution in fair market value. First-party: Johnson v. State Farm (Ariz. App. 1988) held that the insurer's liability under its collision coverage is limited by the policy to the cost of repairing the vehicle less the deductible, with no diminished value.", "citation": "Oliver v. Henry, 227 Ariz. 514, 260 P.3d 314 (App. 2011); Farmers Ins. Co. of Ariz. v. R.B.L. Inv. Co., 138 Ariz. 562, 675 P.2d 1381 (App. 1983); Johnson v. State Farm Mut. Auto. Ins. Co., 157 Ariz. 1, 754 P.2d 330 (App. 1988)", "source_url": "https://hallapproved.com/az/cases/appeals/2011/2466558/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "A.R.S. § 12-542(3) (trespass for injury done to the property of another: 2 years)", "source_url": "https://www.azleg.gov/ars/12/00542.htm" }, "doi": { "name": "Arizona Department of Insurance and Financial Institutions (DIFI), Consumer Services", "complaint_url": "https://difi.az.gov/complaint", "phone": "(602) 364-2499; (800) 325-2548" }, "confidence": "high", "tl_caveats": [ "R20-6-801(H)(1) covers total losses on your own policy. We found no Arizona rule that sets valuation standards for a claim against the other driver's insurer.", "We could not open the DIFI complaint page to confirm it. The phone numbers come from DIFI's annual report and other published listings, not a current DIFI web page.", "R20-6-801 was amended effective January 7, 2024 (29 A.A.R. 3621). The current text matches the summaries here, but we have not compared every change line by line." ], "dv_caveats": [ "We could not open the DIFI complaint page to confirm it. The phone numbers come from DIFI's annual report and other published listings, not a current DIFI web page." ], "vehicle_sales_tax": { "state_rate": 0.056, "summary": "5.6% state transaction privilege tax (TPT); county excise and city privilege taxes are added. Sales to some nonresidents are partly or fully exempt.", "source_url": "https://azdor.gov/business/transaction-privilege-tax/motor-vehicle-sales", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "additional_sources": [ "https://azdor.gov/sites/default/files/document/TPT_RATETABLE_06012026.pdf" ] }, "slug": "arizona", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/arizona", "diminished_value": "https://fairmarkvalue.com/diminished-value/arizona" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "AR", "name": "Arkansas", "total_loss_threshold": { "type": "percent", "percent": 70, "summary": "For title branding, a 'salvage vehicle' is one that is water-damaged or has other damage equal to or exceeding 70% of its average retail value in a pricing guide approved by the Commissioner. This is a titling threshold; it does not control an insurer's first-party total-loss decision.", "citation": "Ark. DFA Office of Motor Vehicle Rule 2007-8 § 2(N) (006.05.07 Ark. Code R. § 007), implementing Ark. Code Ann. § 27-14-2301 et seq.", "source_url": "https://www.law.cornell.edu/regulations/arkansas/006-05-07-Ark-Code-R-SS-007", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "By statute, when an insurer pays a total-loss automobile claim, whether to its insured or to a claimant against its insured, it must include all applicable taxes, including sales taxes and fees as required by Rule 43, plus an itemized list separating the vehicle's value from the sales tax on a vehicle of that value. For claims against its insured it must also take into consideration all applicable taxes, license fees and other fees. The insurer may not abandon salvage to a tow or storage yard in place of paying those fees without consent. Non-compliance is an unfair claims settlement practice under § 23-66-206(13). Rule 43 § 10(a)(2) requires a first-party cash settlement to include all applicable taxes, license fees and other fees 'actually incurred' incident to transfer of ownership of a comparable automobile. Betts v. USAA (Ark. App. 2020) held the taxes and fees are part of 'actual cash value' rather than a separate damages item, and that the insurer properly paid them to the lienholder, whose lien exceeded the payment and whose contract required insurance proceeds to go to it.", "citation": "Ark. Code Ann. § 23-89-211(a)-(d); Ark. Ins. Dept. Rule 43 § 10(a)(1)-(2) (054.00.15 Ark. Code R. § 005); Betts v. USAA Gen. Indem. Co., 2020 Ark. App. 426, 606 S.W.3d 616", "source_url": "https://codes.findlaw.com/ar/title-23-public-utilities-and-regulated-industries/ar-code-sect-23-89-211/" }, "valuation_method_rules": { "summary": "First-party total loss: the insurer either offers a specific comparable replacement vehicle with taxes and fees paid, or makes a cash settlement based on the actual cost of a comparable automobile. That cost is the cost of a comparable vehicle in the local market area, or, if none is available, one of two or more quotations from qualified dealers or appraisal services in the local market area. Any other basis must be documented with particulars of the vehicle's condition. Deductions, including salvage, must be measurable, discernible, itemized, specified in dollars and appropriate, and the basis must be fully explained. Betterment or depreciation deductions must be itemized. Insurers cannot require unreasonable travel or a specific repair shop as a condition of recovery.", "citation": "Ark. Ins. Dept. Rule 43 § 10(a)-(c), (g)", "source_url": "https://www.law.cornell.edu/regulations/arkansas/054-00-15-Ark-Code-R-SS-005" }, "claim_timelines": { "summary": "Acknowledge a claim within 15 working days. Furnish proof-of-loss forms within 20 calendar days after a loss is reported, or the proof requirement is waived (Ark. Code Ann. § 23-79-126). Reply to pertinent communications within 15 working days. Complete the investigation within 45 calendar days, or notify the claimant with reasons. Advise acceptance or denial within 15 working days after proofs of loss; if more time is needed, notify in writing and then every 45 calendar days. Mail claim checks within 10 working days after the claim is processed and ready for payment. Before a time limit expires, an unrepresented claimant must get written notice at least 30 working days ahead (first party) or 60 calendar days ahead (third party).", "citation": "Ark. Ins. Dept. Rule 43 §§ 7(a),(c); 8; 9(a),(d),(f)", "source_url": "https://www.law.cornell.edu/regulations/arkansas/054-00-15-Ark-Code-R-SS-005", "deadlines": { "acknowledge": "15 working days", "decide": "15 working days after proof of loss", "pay": "10 working days after the claim is ready for payment" } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing and demand the itemized valuation, including the separate sales-tax line required by § 23-89-211(a)(2), plus the comparables or dealer quotes. The owner can also invoke the policy's appraisal clause, file a complaint with the Arkansas Insurance Department, or sue (small claims or circuit court).", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: the measure of damage to personal property is the difference in fair market value immediately before and immediately after the occurrence, and the reasonable cost of repairs may be considered in fixing that difference (Daughhetee v. Shipley, Ark. 1984). First-party: MFA Ins. Co. v. Citizens Nat'l Bank of Hope (Ark. 1977), a fire-damage case, allowed the before-and-after value measure under a policy where evidence showed repairs with like kind and quality parts would not restore the former market value, making it a fact question. Most current policies have different wording or DV exclusions, so the outcome depends on policy language.", "citation": "Daughhetee v. Shipley, 282 Ark. 596, 669 S.W.2d 886 (1984); MFA Ins. Co. v. Citizens Nat'l Bank of Hope, 260 Ark. 849, 545 S.W.2d 70 (1977)", "source_url": "https://hallapproved.com/ar/cases/supreme/1984/7876914/" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Ark. Code Ann. § 16-56-105(6) (all actions for taking or injuring any goods or chattels: 3 years)", "source_url": "https://codes.findlaw.com/ar/title-16-practice-procedure-and-courts/ar-code-sect-16-56-105/" }, "doi": { "name": "Arkansas Insurance Department, Consumer Services Division (1 Commerce Way, Suite 102, Little Rock, AR 72202)", "complaint_url": "https://insurance.arkansas.gov/consumer-assistance/consumer-services/file-a-complaint/", "phone": "(800) 852-5494; (501) 371-2640; complaint fax (501) 371-2749" }, "confidence": "high", "tl_caveats": [ "We used a copy of § 23-89-211 and § 16-56-105 current as of March 28, 2024, not the official Arkansas Code. Check for 2025-2026 amendments.", "Rule 43 refers to fees 'actually incurred'. It is not settled whether that lets insurers hold back title and registration fees until you title a replacement; Betts v. USAA did not decide it. Ask the Insurance Department.", "We have not confirmed which subsection of Ark. Code Ann. § 27-14-2301 holds the 70% definition. The 70% figure itself is confirmed in Office of Motor Vehicle Rule 2007-8." ], "dv_caveats": [ "We used a copy of § 23-89-211 and § 16-56-105 current as of March 28, 2024, not the official Arkansas Code. Check for 2025-2026 amendments.", "Diminished value on your own policy depends on its wording. We found no recent Arkansas appellate ruling on modern policies that exclude it." ], "vehicle_sales_tax": { "state_rate": 0.065, "summary": "6.5% state rate. For used vehicles (Act 1013, from Jan 1, 2022): no state tax under $4,000; 3.5% from $4,000 to $9,999.99; 6.5% at $10,000 or more. Local taxes apply in full and are not reduced.", "source_url": "https://www.dfa.arkansas.gov/office/motor-vehicle/recent-changes-in-the-law/", "tax_type": "sales_tax", "local_rates_add": true, "cap": "Used: exempt < $4,000; 3.5% for $4,000-$9,999.99", "confidence": "high", "tiers": [ { "min": 0, "max": 3999.99, "rate": 0 }, { "min": 4000, "max": 9999.99, "rate": 0.035 }, { "min": 10000, "max": null, "rate": 0.065 } ] }, "slug": "arkansas", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/arkansas", "diminished_value": "https://fairmarkvalue.com/diminished-value/arkansas" }, "fees_first_party": "required", "sales_tax_third_party": "required" }, { "code": "CA", "name": "California", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No percentage threshold. A 'total loss salvage vehicle' is one the owner, leasing company, financial institution or insurer considers uneconomical to repair (and that is therefore not repaired by the owner), or one deemed uneconomical to repair for which an insurer has made a total-loss payment, whether or not it is later repaired. In practice the insurer decides.", "citation": "Cal. Veh. Code § 544", "source_url": "https://california.public.law/codes/vehicle_code_section_544", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "The cash settlement must include all applicable taxes and one-time fees incident to transfer of ownership of a comparable automobile, plus the license fee and other annual fees prorated over the remaining term of the loss vehicle's registration. This applies whether or not a replacement is purchased. If the owner keeps the salvage, the sales tax is reduced by the tax attributable to the salvage value, and fees for transfer to salvage status are added.", "citation": "Cal. Code Regs. tit. 10, § 2695.8(b)(1), (b)(1)(A)", "source_url": "https://www.law.cornell.edu/regulations/california/10-CCR-2695.8" }, "valuation_method_rules": { "summary": "A comparable automobile is one of like kind and quality: same manufacturer, same or newer model year, same model type, similar body type, and similar options and mileage. Newer model years may be used only if there are not enough of the same year. Comparables must have been available for retail purchase by the public in the local market area within 90 calendar days of the final settlement offer. Each must be identified by VIN, dealer stock number or plate, plus the seller's phone number or street address (DMV private-sale data without seller contact details may be used only with CDI approval). The cost is the average of two or more such comparables; if none are available, the average of two or more licensed dealer quotes; or a computerized valuation service producing statistically valid local fair market values; otherwise a documented and fully explained basis. Every adjustment must be discernible, measurable, itemized, specified in dollars and documented, and unsupported deductions may not be used. No condition deduction is allowed unless the documented condition is below average for that year, make and model (prior or unrelated damage may still be deducted). The cost must be fully itemized and explained in writing when the offer is made. First-party only: the insurer must tell the insured that if, within 35 calendar days of receiving payment or the final offer, the insured reports being unable to buy a comparable for the gross settlement amount, it will reopen the claim and find a comparable, pay the difference or buy the vehicle the insured found, or invoke appraisal. That duty does not apply if the insurer already identified a specific available comparable, with seller contact and VIN, stock or plate number, at the final offer. Section 2695.8(b) also applies to the evaluation of third-party total losses, but the regulation says this does not change existing law on the insurer's obligations in settling with a third party.", "citation": "Cal. Code Regs. tit. 10, § 2695.8(b)(2)-(6), (c)(1)-(4)", "source_url": "https://www.law.cornell.edu/regulations/california/10-CCR-2695.8" }, "claim_timelines": { "summary": "Within 15 calendar days of notice of a claim, the insurer must acknowledge it, provide forms and instructions, and begin any necessary investigation. It must accept or deny the claim, in whole or in part, within 40 calendar days after proof of claim. A first-party denial must be in writing and state all factual and legal bases; a third-party denial or dispute of liability or damages must also be in writing. A written denial must tell the claimant that it may have the matter reviewed by the California Department of Insurance and give the Department's address and phone. If the insurer needs more time, it must send written notice within the 40 days saying what additional information it needs and why it cannot yet decide, and repeat it every 30 calendar days. Accepted amounts must be paid within 30 calendar days after acceptance. (The 40-day rule does not apply to auto repair bills governed by Ins. Code § 560.)", "citation": "Cal. Code Regs. tit. 10, §§ 2695.5(e); 2695.7(b), (b)(1), (b)(3), (b)(4), (c)(1), (h)", "source_url": "https://www.law.cornell.edu/regulations/california/10-CCR-2695.7", "deadlines": { "acknowledge": "15 days", "decide": "40 days after proof of claim", "pay": "30 days after acceptance" } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing and demand the written itemization of comparables and adjustments required by 2695.8(b)(4). A first-party claimant can use the 2695.8(c) reopen right within 35 calendar days by showing that a comparable cannot be bought for the gross settlement amount (unless the insurer already identified a specific available comparable). The owner can also invoke the policy's appraisal clause, file a Request for Assistance with the California Department of Insurance (online or by the non-health RFA form), or sue (small claims court for smaller amounts).", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: CACI 3903J tells juries that if a repaired vehicle is still worth less than before the harm, damages are the difference between its value immediately before the harm and its value after repair, plus the reasonable cost of repair, capped at the pre-harm value. The directions for use cite Merchant Shippers Ass'n v. Kellogg Express & Draying Co. (1946) 28 Cal.2d 594 for this rule. First-party: Ray v. Farmers Ins. Exchange (1988) held a collision policy did not obligate the insurer to pay for diminution in market value after repair; CACI's directions for use also note an insurer may draft its policy to limit recovery to repair cost or diminution, not both (Baldwin v. AAA N. Cal., Nev. & Utah Ins. Exch. (2016) 1 Cal.App.5th 545).", "citation": "CACI No. 3903J; Merchant Shippers Ass'n v. Kellogg Express & Draying Co., 28 Cal.2d 594 (1946); Ray v. Farmers Ins. Exchange, 200 Cal. App. 3d 1411 (1988); Baldwin v. AAA N. Cal., Nev. & Utah Ins. Exch., 1 Cal.App.5th 545 (2016)", "source_url": "https://crowdsourcelawyers.com/judicial-council-california-civil-jury-instructions-caci/caci-3903j-damage-to-personal-property-economic-damage/" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Cal. Code Civ. Proc. § 338(c)(1) (taking, detaining, or injuring goods or chattels: 3 years)", "source_url": "https://california.public.law/codes/ca_civ_proc_code_section_338" }, "doi": { "name": "California Department of Insurance", "complaint_url": "https://www.insurance.ca.gov/01-consumers/101-help/index.cfm", "phone": "1-800-927-4357" }, "confidence": "high", "tl_caveats": [ "We used the 2025 edition of Code of Civil Procedure § 338(c)(1) and Vehicle Code § 544 published by california.public.law, not the official legislature site." ], "dv_caveats": [ "We used an unofficial copy of the CACI 3903J jury instruction, not the Judicial Council's official edition. Check the current edition.", "We used the 2025 edition of Code of Civil Procedure § 338(c)(1) and Vehicle Code § 544 published by california.public.law, not the official legislature site." ], "reopen_window": { "window": "35 calendar days", "citation": "10 CCR 2695.8(c)" }, "vehicle_sales_tax": { "state_rate": 0.0725, "summary": "7.25% statewide base rate (6% state plus 1.25% local Bradley-Burns). District taxes based on the registration address add about 0.10%-2.00% each.", "source_url": "https://cdtfa.ca.gov/industry/motor-vehicle-dealers/industry-topics.htm", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "additional_sources": [ "https://cdtfa.ca.gov/taxes-and-fees/sut-rates-description.htm" ] }, "slug": "california", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/california", "diminished_value": "https://fairmarkvalue.com/diminished-value/california" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "CO", "name": "Colorado", "total_loss_threshold": { "type": "percent", "percent": 100, "summary": "For titling, a 'salvage vehicle' includes one damaged (excluding hail or theft) to the extent that the insurer determines it a total loss, or that the cost of repairing it to roadworthy, legal condition exceeds its retail fair market value immediately before the damage. Retail value is judged by industry sources such as price guides, dealer quotes, computerized valuation services, ads and appraisals. So 100% is only the repair-cost prong: the insurer may declare a total loss below it. Regulation 5-2-15 defines total loss as a vehicle the insurer determines cannot be repaired to pre-loss condition, or whose cost of loss (including rental, specialized labor and parts availability) makes repair uneconomical.", "citation": "C.R.S. § 42-6-102(17)(a)(I)(C), (17)(b); 3 CCR 702-5, Reg. 5-2-15 § 4(D)", "source_url": "https://colorado.public.law/statutes/crs_42-6-102", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "By statute, an insurer must pay title fees, sales tax and any other transfer or registration fee associated with the total loss of a motor vehicle. The statute does not condition this on buying a replacement. Trudgian v. LM General (2024 COA 87) is reported to hold that there is no implied private right of action to enforce § 10-4-639(1), leaving enforcement to the Division of Insurance, and the Division is reported to have issued Bulletin B-5.51 (Dec. 10, 2024) on registration fees after a total loss. We have not confirmed either document from its official text, so treat both as unconfirmed.", "citation": "C.R.S. § 10-4-639(1); Trudgian v. LM Gen. Ins. Co., 2024 COA 87; Colo. DOI Bulletin B-5.51", "source_url": "https://colorado.public.law/statutes/crs_10-4-639" }, "valuation_method_rules": { "summary": "Each insurer must establish a fair and consistent method for determining total loss that considers the vehicle's unique characteristics and uses a credible source of valuation. It may not switch between credible sources just to reach the lowest payable amount, and it must keep its methodology on record for the Commissioner. Insurers must keep written total-loss valuation procedures that are used consistently. Claim files must name the credible source by vendor name and the methodology, and must document that unique characteristics (classic status, unique finishes, mileage, special accessories) were considered. Colorado has no statute or regulation setting specific comparable-vehicle counts or distances.", "citation": "C.R.S. § 10-4-639(3); 3 CCR 702-5, Reg. 5-2-15 § 5(A)", "source_url": "https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2201&deptID=18&agencyID=57&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Division%20of%20Insurance&seriesNum=3%20CCR%20702-5" }, "claim_timelines": { "summary": "First-party property and casualty claims must be decided and/or paid within 60 days after receipt of a valid and complete claim unless there is a reasonable dispute. If the insurer misses that, the Commissioner may order a penalty paid to the insured (up to $20 for claims of $100 or less; 8% annual interest for larger claims) and, after notice and hearing, a $100-per-day civil penalty. Once the 60 days pass unpaid, the insurer must immediately tell the insured why and then send a letter every 30 days giving the reasons more time is needed. A good-faith offer within 60 days satisfies the rule. Third-party total losses: payment is due within 3 business days after the claimant's written acceptance and the insurer's receipt of a transferable title. A third-party claimant's replacement rental continues until 3 business days after a mailed payment or a reasonable written offer (1 day after overnight or direct-deposit payment). No numeric acknowledgment deadline was found.", "citation": "3 CCR 702-5, Reg. 5-1-14 § 4(A)(1)-(3), (B)(3); Reg. 5-2-15 § 5(B)(2)-(3)", "source_url": "https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2201&deptID=18&agencyID=57&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Division%20of%20Insurance&seriesNum=3%20CCR%20702-5", "deadlines": { "acknowledge": null, "decide": "60 days after a complete claim", "pay": "60 days after a complete claim; 3 business days on a third-party total loss after acceptance and title", "late": "The Commissioner may order a penalty (8% annual interest on larger claims)" } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing and request the valuation source (by vendor name) and methodology the insurer must keep in the claim file under Reg. 5-2-15, pointing to unique characteristics the valuation missed (classic status, unique finishes, mileage, special accessories). The owner can also invoke the policy's appraisal clause, file a complaint with the Colorado Division of Insurance, or sue in small claims or county court. A first-party claimant whose covered benefits are unreasonably delayed or denied may sue in district court for two times the covered benefit plus reasonable attorney fees and costs (C.R.S. § 10-3-1116(1)).", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: if damaged property is repairable, the plaintiff recovers the reasonable cost of repair plus the decrease in market value of the property as repaired, measured at the time of the occurrence (Airborne, Inc. v. Denver Air Center, Colo. App. 1992, an aircraft case citing Trujillo v. Wilson, Colo. 1948, which allowed both repairs and diminution for a car). First-party: Hyden v. Farmers Ins. Exch. (Colo. App. 2000) held that a 'like kind and quality' promise requires giving the insured, through repair, replacement and/or compensation, the means to acquire a vehicle substantially similar in function and value. The Tenth Circuit is reported to have enforced an express diminished-value exclusion (Lovell v. State Farm, 2006), so the result depends on policy language.", "citation": "Airborne, Inc. v. Denver Air Ctr., Inc., 832 P.2d 1086 (Colo. App. 1992); Trujillo v. Wilson, 117 Colo. 430, 189 P.2d 147 (1948); Hyden v. Farmers Ins. Exch., 20 P.3d 1222 (Colo. App. 2000); Lovell v. State Farm Mut. Auto. Ins. Co., 466 F.3d 893 (10th Cir. 2006)", "source_url": "https://hallapproved.com/co/cases/appeals/1992/1182058/" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "C.R.S. § 13-80-101(1)(n)(I) (tort actions for bodily injury or property damage arising out of the use or operation of a motor vehicle: 3 years)", "source_url": "https://colorado.public.law/statutes/crs_13-80-101" }, "doi": { "name": "Colorado Division of Insurance (Department of Regulatory Agencies)", "complaint_url": "https://doi.colorado.gov/for-consumers/file-a-complaint", "phone": "(303) 894-7490; (303) 894-7499; toll-free outside Denver (800) 930-3745" }, "confidence": "high", "tl_caveats": [ "We could not confirm Trudgian v. LM General Insurance Co., 2024 COA 87 (no private lawsuit to enforce § 10-4-639(1)) from the official opinion, or whether a further appeal was sought.", "We could not find Bulletin B-5.51 (December 10, 2024) on the Division's bulletin page. What it says comes from secondary summaries only.", "We used the 2024 C.R.S. as published by colorado.public.law. Check for 2025-2026 amendments to §§ 10-4-639 and 42-6-102." ], "dv_caveats": [ "We have not reviewed the full Lovell v. State Farm (10th Cir. 2006) opinion; only its citation is confirmed." ], "vehicle_sales_tax": { "state_rate": 0.029, "summary": "2.9% state sales/use tax. City, county and special-district taxes are added; the county clerk collects any unpaid tax at titling.", "source_url": "https://tax.colorado.gov/sales-use-tax-topics-motor-vehicle-sales", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "colorado", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/colorado", "diminished_value": "https://fairmarkvalue.com/diminished-value/colorado" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "CT", "name": "Connecticut", "total_loss_threshold": { "type": "tlf", "percent": null, "summary": "A 'constructive total loss' is when the cost to repair or salvage the vehicle, or both, equals or exceeds its total value at the time of loss, which is a total-loss-formula style test.", "citation": "Conn. Gen. Stat. § 38a-353(a)", "source_url": "https://codes.findlaw.com/ct/title-38a-insurance/ct-gen-st-sect-38a-353/", "governs": "insurer" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Connecticut statute or regulation was found that expressly requires insurers to include sales tax, title or registration fees in a total-loss settlement. Section 38a-353 does not mention taxes.", "citation": "unclear (not addressed in Conn. Gen. Stat. § 38a-353)", "source_url": "https://codes.findlaw.com/ct/title-38a-insurance/ct-gen-st-sect-38a-353/" }, "valuation_method_rules": { "summary": "When a vehicle is a constructive total loss, the insurer must use at least the average of the retail values from (1) the NADA used car guide (or another approved publicly available industry source) and (2) one other approved automobile industry source. By the settlement payment date the insurer must give the claimant a detailed copy of its total-loss calculation, a copy of any non-public valuation report it used, and written notice that the claimant may dispute the valuation by contacting the Insurance Department's Consumer Affairs Division. That statement goes in the notice's final paragraph in at least 12-point type, with the Division's address, toll-free number and website. Licensed appraisers must prepare independent, impartial appraisals and may not take gratuities from anyone other than their employer or customer.", "citation": "Conn. Gen. Stat. § 38a-353(a)-(b); Conn. Agencies Regs. § 38a-790-8", "source_url": "https://codes.findlaw.com/ct/title-38a-insurance/ct-gen-st-sect-38a-353/" }, "claim_timelines": { "summary": "The Connecticut Unfair Insurance Practices Act sets no fixed day counts for auto claims in § 38a-816(6). It requires acknowledging and acting with reasonable promptness on claim communications, affirming or denying coverage within a reasonable time after proof of loss, and promptly explaining the basis for a denial or compromise offer. In the Insurance Department arbitration program, the insurer must pay the undisputed amount within 5 business days of receiving the notice of arbitration, and an award for the claimant must be paid within 10 business days with 10% simple interest.", "citation": "Conn. Gen. Stat. § 38a-816(6)(B),(E),(N); Conn. Agencies Regs. § 38a-10-3(d),(i)", "source_url": "https://codes.findlaw.com/ct/title-38a-insurance/ct-gen-st-sect-38a-816/", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can dispute the valuation with the insurer and use the § 38a-353(b) notice to contact the CT Insurance Department's Consumer Affairs Division. If the Division's mediation fails, the examiner refers the file to the Department's Arbitration Unit. Arbitration covers first-party private passenger auto physical damage claims and third-party property damage liability claims when liability and coverage are not in dispute, and can be by documents or oral hearing. The claimant returns the request form within 14 days with a $20 fee; the insurer must pay the undisputed amount within 5 business days of the notice; the arbitrator decides within 15 days after the hearing; and an award for the claimant, which may include loss of use and storage, is paid within 10 business days with 10% interest (Conn. Gen. Stat. § 38a-9; Regs. §§ 38a-10-1 to -4). The Department's records track judicial review of decisions. Other options are the policy's appraisal clause and small claims court.", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: the Connecticut Supreme Court said in Orlando v. Liburd (Jan. 6, 2026) that its case law clearly establishes a plaintiff's right to recover loss of use and diminution in value even if the vehicle has been repaired, citing Littlejohn v. Elionsky (1944), which noted a repaired car may be worth much less than before the collision. The same case held an injured owner's own insurer can be liable in unjust enrichment if it takes the at-fault driver's limited property-damage limits by subrogation before the owner is made whole for DV and loss of use. The general measure is the difference in value immediately before and after the collision (Damico v. Dalton, Conn. App. 1983, where repair cost exceeded that difference and was disregarded). First-party: no Connecticut decision was found.", "citation": "Orlando v. Liburd, 353 Conn. 845 (2026); Littlejohn v. Elionsky, 130 Conn. 541, 36 A.2d 52 (1944); Damico v. Dalton, 1 Conn. App. 186, 469 A.2d 795 (1983)", "source_url": "https://hallapproved.com/ct/cases/supreme/2026/10770954/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "Conn. Gen. Stat. § 52-584 (injury to personal property caused by negligence: 2 years from when the injury is sustained or discovered, and no more than 3 years from the act or omission)", "source_url": "https://codes.findlaw.com/ct/title-52-civil-actions/ct-gen-st-sect-52-584/" }, "doi": { "name": "Connecticut Insurance Department, Consumer Affairs Division", "complaint_url": "https://portal.ct.gov/cid/file-a-complaint", "phone": "1-800-203-3447; (860) 297-3900" }, "confidence": "medium", "tl_caveats": [ "We could not confirm the Connecticut statutes on the official legislature site: we used a copy current as of January 1, 2025, and the regulations through Cornell's Legal Information Institute. We also could not confirm the Insurance Department's complaint page and phone numbers directly. The Department reportedly moves in-person services to 280 Trumbull Street, Floor 7, Hartford, from September 8, 2026; confirm the mailing address before you send anything.", "Check whether the 2025 or 2026 legislative sessions amended § 38a-353 after January 1, 2025.", "We found no Connecticut regulation on comparable-vehicle methods, distance limits or itemized condition deductions.", "Whether insurers must pay sales tax, title and registration fees on a total loss is unconfirmed. We found no statute, Insurance Department bulletin or tax rule that requires it. Town assessors give a local property-tax credit for a totaled car if you bring a letter from the insurer; that is separate from what the insurer owes." ], "dv_caveats": [ "We could not confirm the Connecticut statutes on the official legislature site: we used a copy current as of January 1, 2025, and the regulations through Cornell's Legal Information Institute. We also could not confirm the Insurance Department's complaint page and phone numbers directly. The Department reportedly moves in-person services to 280 Trumbull Street, Floor 7, Hartford, from September 8, 2026; confirm the mailing address before you send anything.", "We used an unofficial case-law archive for Orlando v. Liburd. Confirm it against the official Connecticut Reports or the Judicial Branch slip opinion (SC 21062)." ], "vehicle_sales_tax": { "state_rate": 0.0635, "summary": "6.35% state rate; 7.75% if the price before trade-in exceeds $50,000 (passenger and combination vehicles). Trade-in credit allowed. No local sales tax.", "source_url": "https://portal.ct.gov/dmv/vehicle-services/sales-tax-registrations/sales-tax-calculator", "tax_type": "sales_tax", "local_rates_add": false, "cap": "7.75% rate when price > $50,000", "confidence": "high", "luxury_rate": 0.0775, "luxury_threshold": 50000 }, "slug": "connecticut", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/connecticut", "diminished_value": "https://fairmarkvalue.com/diminished-value/connecticut" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "DE", "name": "Delaware", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No percentage threshold was found. When a titled vehicle is transferred as salvage after a total-loss insurance settlement, the insurer must send the title to the DMV within 30 days of settlement for a salvage certificate. If the owner keeps the vehicle, the insurer must either do that or require the owner to get a salvage certificate before it pays the settlement.", "citation": "21 Del. C. § 2512(a)-(b)", "source_url": "https://delcode.delaware.gov/title21/c025/index.html", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "Delaware has no general sales tax. No Delaware statute or regulation was found that requires insurers to include title or registration fees, or the motor vehicle document fee, in a total-loss settlement, and Regulation 902 has no auto total-loss standards. Separately, Delaware DMV form MV347 (revised 9/12/2025) lets an owner whose vehicle was declared a total loss get a document-fee credit at titling, or a refund if the credit was not applied, on a replacement Delaware-titled vehicle obtained within one year. The application is due no later than 30 days after titling the new vehicle. The owner needs a signed letter on the insurer's letterhead giving the owner's name, the vehicle make, model, year and VIN, and the actual cash value paid before the deductible. The form says eligibility follows Division policy and cites 30 Del. C. § 3001(5), whose text mentions only trade-ins and private sales. The credit comes from the DMV, not the insurer.", "citation": "unclear for the insurer (not addressed in 18 DE Admin. Code 902); DMV document-fee credit: Del. DMV Form MV347, citing 30 Del. C. § 3001(5)", "source_url": "https://dmv.de.gov/forms/veh_serv_forms/pdfs/ve_frm_mv347.pdf" }, "valuation_method_rules": { "summary": "No Delaware rule was found on total-loss valuation methods (comparables, distance or dealer quotes). General unfair claims standards apply when committed often enough to be a general business practice. Insurers may not compel insureds to sue by offering substantially less than they would get under normal fair claims evaluations. When asked, they must promptly explain the policy, factual or legal basis for a denial or compromise offer; the explanation may be oral but must be documented in the claim file. They must attempt in good faith a prompt, fair and equitable settlement once liability is clear.", "citation": "18 DE Admin. Code 902 §§ 3.1.6, 3.1.7, 3.1.13; 18 Del. C. § 2304(16)", "source_url": "https://www.law.cornell.edu/regulations/delaware/18-Del-Admin-Code-SS-902-3.0" }, "claim_timelines": { "summary": "Acknowledge and respond to claim communications from insureds within 15 working days. Begin the investigation within 10 working days after notice of loss. Affirm or deny coverage or the claim, or explain in writing why that is not yet possible, within 30 days after proof of loss. Pay a settled claim within 30 days after the settlement agreement is fully executed, a final court order, receipt of all documentation with the investigation complete, or the last day to appeal an arbitration award.", "citation": "18 DE Admin. Code 902 §§ 3.1.2, 3.1.3, 3.1.5; 18 DE Admin. Code 903 § 5.1", "source_url": "https://www.law.cornell.edu/regulations/delaware/18-Del-Admin-Code-SS-902-3.0", "deadlines": { "acknowledge": "15 working days", "decide": "30 days after proof of loss", "pay": "30 days after the settlement is signed" } }, "consumer_can_reject_and_keep_negotiating": "The owner can dispute in writing and request the basis for the compromise offer (Reg. 902 § 3.1.13), then file a complaint with the Delaware Department of Insurance. Auto policies must require the insurer to arbitrate claims for damage to a motor vehicle, including the insured vehicle and loss of use, on the claimant's written request to the Insurance Commissioner. Each case is heard by three panel members, at least one an attorney (the DOI describes an attorney and two adjusters). The DOI says arbitration is available only after informal attempts fail and lists a $50 filing fee for auto cases. Arbitration is optional for both sides, and the losing party may appeal de novo to Superior Court within 30 days (21 Del. C. § 2118(j)). The owner can also use the policy's appraisal clause or go to Justice of the Peace (small claims) court.", "diminished_value": { "third_party": "unclear", "first_party": "generally_not", "summary": "First-party: the Delaware Supreme Court held that 'repair or replace' policy language is unambiguous and does not contemplate payment for diminution of value (O'Brien v. Progressive Northern Ins. Co., 2001). Third-party: no Delaware decision on residual diminished value of a repaired vehicle was found.", "citation": "O'Brien v. Progressive N. Ins. Co., 785 A.2d 281 (Del. 2001)", "source_url": "https://hallapproved.com/de/cases/supreme/2001/2376251/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "10 Del. C. § 8107 (wrongful death or injury to personal property: 2 years from accrual)", "source_url": "https://delcode.delaware.gov/title10/c081/index.html" }, "doi": { "name": "Delaware Department of Insurance, Consumer Services", "complaint_url": "https://insurance.delaware.gov/services/filecomplaint/", "phone": "1-800-282-8611 (in Delaware); (302) 674-7310" }, "confidence": "medium", "tl_caveats": [ "Do insurers have to pay the Delaware document fee or title and registration fees on a total loss? We found no rule. The DMV's total-loss document-fee credit appears on Form MV347 as Division policy, while 30 Del. C. § 3001(5) mentions only trade-ins and sales, so confirm its legal basis with the DMV.", "21 Del. C. § 2118(j) covers claims 'for damages to a motor vehicle, including the insured motor vehicle' at the request of 'the party claiming to have suffered a loss', which suggests claimants against the other driver's insurer may use it, but Reg. 901 refers to 'their insureds'. Confirm with the Department of Insurance.", "Reg. 902 § 3.1.2 refers to communications from insureds, so the acknowledgment deadline for claims against the other driver's insurer is unclear." ], "dv_caveats": [ "We found no Delaware case law confirming third-party diminished value, and have not checked the general measure of damages against a Delaware opinion." ], "vehicle_sales_tax": { "state_rate": 0.0525, "summary": "No sales tax. A motor vehicle document fee of 5.25% of the purchase price (or NADA trade-in value, if higher) is charged at titling, effective Oct 1, 2025 (was 4.25%). Dealers compute it net of trade-in. Small minimums apply below $500.", "source_url": "https://news.delaware.gov/2025/09/30/dmv-fees-increase-in-october-2025/", "tax_type": "document_fee", "local_rates_add": false, "cap": null, "confidence": "high", "additional_sources": [ "https://dmv.de.gov/VehicleServices/titles/index.shtml?dc=ve_title_transfer" ] }, "slug": "delaware", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/delaware", "diminished_value": "https://fairmarkvalue.com/diminished-value/delaware" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "DC", "name": "District of Columbia", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "A 'salvage vehicle' is one (other than a historic vehicle) damaged, destroyed, wrecked or submerged to the extent that the estimated or actual cost of parts and labor to restore it to pre-damage, road-legal condition exceeds 75% of its pre-damage retail value in a current nationally recognized compilation of retail values (including automated databases) approved by the DMV Director, or one the owner voluntarily designates as salvage.", "citation": "D.C. Code § 50-1331.01(12)(A)-(B)", "source_url": "https://code.dccouncil.gov/us/dc/council/code/sections/50-1331.01", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No D.C. statute or regulation was found that requires insurers to include the D.C. motor vehicle excise (titling) tax or title and registration fees in a total-loss settlement.", "citation": "unclear (not addressed in D.C. Code § 31-2231.17)", "source_url": "https://code.dccouncil.gov/us/dc/council/code/sections/31-2231.17" }, "valuation_method_rules": { "summary": "No D.C. rule was found on total-loss valuation methods. The Unfair Claim Settlement Practices statute prohibits, as a general business practice: refusing to pay a claim for arbitrary or capricious reasons, failing to attempt good-faith prompt, fair and equitable settlement once liability is reasonably clear, compelling insureds to sue by offering substantially less than is ultimately recovered, and failing to promptly give a reasonable and accurate explanation of the basis for a denial or compromise offer.", "citation": "D.C. Code § 31-2231.17(a)(2), (b)(6), (b)(7), (b)(13)", "source_url": "https://code.dccouncil.gov/us/dc/council/code/sections/31-2231.17" }, "claim_timelines": { "summary": "No fixed day counts were found. Insurers must acknowledge and act reasonably promptly on claim communications, and affirm or deny coverage within a reasonable time after proof of loss or the investigation is complete. DISB confirms receipt of a consumer complaint within three business days.", "citation": "D.C. Code § 31-2231.17(b)(2), (b)(5)", "source_url": "https://code.dccouncil.gov/us/dc/council/code/sections/31-2231.17", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can dispute in writing and request the basis for the offer (§ 31-2231.17(b)(13)), invoke the policy's appraisal clause, file a complaint with DISB online or by the PDF form (DISB confirms receipt within three business days), or sue. The Small Claims and Conciliation Branch of D.C. Superior Court has exclusive jurisdiction when the amount in controversy is $10,000 or less, not counting interest, attorney fees and costs (D.C. Code § 11-1321).", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: in a collision case, the D.C. Court of Appeals held that D.C. law allows recovery of residual diminution in value after repair in addition to the reasonable cost of repair, as long as the award does not exceed the gross diminution in value (American Service Center Associates v. Helton, 2005). First-party: no D.C. decision was found.", "citation": "American Serv. Ctr. Assocs. v. Helton, 867 A.2d 235 (D.C. 2005)", "source_url": "https://hallapproved.com/dc/cases/supreme/2005/1547477/" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "D.C. Code § 12-301(3) (damages for injury to real or personal property: 3 years)", "source_url": "https://code.dccouncil.gov/us/dc/council/code/sections/12-301" }, "doi": { "name": "D.C. Department of Insurance, Securities and Banking (DISB), Consumer Services Division", "complaint_url": "https://disb.dc.gov/complaints", "phone": "(202) 727-8000" }, "confidence": "medium", "tl_caveats": [ "We found no D.C. claim-handling rules with day deadlines. The only unfair trade practices chapter we found (26-A50) covers non-renewal and claims history, not claim settlement.", "Is the D.C. excise (titling) tax owed on a first-party total loss, and is there a replacement-vehicle excise credit? D.C. DMV fee pages and a summary of D.C. Code § 50-2201.03 show no total-loss provision. This is unresolved.", "D.C. follows contributory negligence, so any fault on your part can bar a claim against the other driver. We have not confirmed this against a primary source." ], "dv_caveats": [ "D.C. follows contributory negligence, so any fault on your part can bar a claim against the other driver. We have not confirmed this against a primary source." ], "vehicle_sales_tax": { "state_rate": null, "summary": "No single rate. Since Feb 17, 2025 the titling excise tax is NADA fair market value times a percentage set by curb weight and city MPG: 1.0%-9.0% under 3,500 lb, 2.0%-10.0% at 3,500-4,999 lb, 3.0%-11.0% at 5,000 lb or more. EVs are at the low end. New residents are exempt.", "source_url": "https://dmv.dc.gov/book/dmv-fees/vehicle-title-and-excise-tax-fees", "tax_type": "excise_titling_tax", "local_rates_add": false, "cap": null, "confidence": "medium", "rate_table": { "weight_classes_lb": [ "<=3499", "3500-4999", ">=5000" ], "mpg_brackets": [ "<=20", "21-25", "26-30", "31-39", ">=40", "electric" ], "rates": { "<=3499": [ 0.09, 0.05, 0.031, 0.022, 0.015, 0.01 ], "3500-4999": [ 0.1, 0.06, 0.041, 0.032, 0.025, 0.02 ], ">=5000": [ 0.11, 0.07, 0.051, 0.042, 0.035, 0.03 ] } } }, "slug": "district-of-columbia", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/district-of-columbia", "diminished_value": "https://fairmarkvalue.com/diminished-value/district-of-columbia" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "FL", "name": "Florida", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "For an insured vehicle, Florida treats it as a total loss when the insurer pays the owner to replace it with one of like kind and quality (or pays on a theft); there is no repair-cost percentage for insurer-paid claims (s. 319.30(3)(a)1.a.). The 80% test (repair cost of 80% or more of the cost of a like-kind replacement) applies only to uninsured vehicles (s. 319.30(3)(a)1.b.). If the insurer and owner agree to repair and the actual repair cost exceeds 100% of the like-kind replacement cost, the title must be branded 'Total Loss Vehicle' (s. 319.30(3)(a)2.). Separately, for a late model vehicle (model year 7 years old or newer, s. 319.30(1)(i)) worth at least $7,500 retail just before the loss, repair costs of 90% or more of current retail make it unrebuildable and a certificate of destruction is issued (s. 319.30(3)(c)).", "citation": "Fla. Stat. s. 319.30(1)(i), (3)(a)1.a.-b., (3)(a)2., (3)(c) (2026 text, last amended by ch. 2026-56)", "source_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0319/Sections/0319.30.html", "governs": "none", "non_insurer_percent": 80 }, "sales_tax_and_fees": { "first_party_rule": "required_on_proof_of_purchase", "summary": "On a first-party total loss, a cash settlement or replacement offer must include sales tax, if applicable. But if the tax will only be owed when a replacement is bought, the insurer may defer paying it until the tax has actually been incurred. The statute does not mention title or registration/transfer fees, so whether those are owed depends on the policy and case law.", "citation": "Fla. Stat. s. 626.9743(5)(a)-(b) and (9)", "source_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.9743.html" }, "valuation_method_rules": { "summary": "For first-party total losses settled on actual cash value or like-kind replacement, the insurer must use one of the methods in s. 626.9743(5). (a) A cash settlement is the actual cost to buy a comparable vehicle, based on one of these: (1) two or more comparable vehicles available in the local market within the preceding 90 days; (2) a recognized industry source, either an electronic database whose pertinent valuation documents the insurer must give the insured on request, or a public guidebook the insurer must identify on request; or (3) quotes from two or more licensed local dealers. (b) The insurer may instead offer a specified comparable replacement vehicle: same maker, same or newer model year, similar body type, options and mileage, in as good or better condition, and available within a reasonable distance. (c) Any other method must be supported by documentation, with deductions itemized in dollar amounts and the basis explained in writing on request. Betterment and depreciation deductions must likewise be itemized, documented and explained on request (s. 626.9743(6)). An insurer may not tell a third-party claimant to claim under the claimant's own policy just to avoid paying (s. 626.9743(2)). Before stopping payment of authorized storage, the insurer must give 72 hours' notice (s. 626.9743(8)).", "citation": "Fla. Stat. s. 626.9743(2), (5), (6), (8)", "source_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0626/Sections/0626.9743.html" }, "claim_timelines": { "summary": "Acknowledge: the insurer must review and acknowledge any claim communication within 14 calendar days, unless it pays within that time (Fla. Admin. Code R. 69O-166.024(1)). Investigate: it must begin a reasonably necessary investigation within 10 working days after receiving proof-of-loss statements (R. 69O-166.024(3)). Affirm or deny: on the insured's written request, the insurer must affirm or deny coverage (and, for partial coverage, the dollar amount), or give a written statement that the claim is being investigated, within 30 days after proof-of-loss statements are completed; failing to do so as a general business practice is an unfair claim settlement practice (Fla. Stat. s. 626.9541(1)(i)3.e.). Pay: once the insurer and the claimant agree in writing to settle, payment is due within 20 days (or another date the agreement sets), or it bears 12% annual interest from the date of the agreement; if payment is conditioned on a release, interest starts only once the signed release is tendered to the insurer (Fla. Stat. s. 627.4265). The 60/90-day rules in s. 626.9541(1)(i)4. and s. 627.70131 apply to residential property insurance, not auto.", "citation": "Fla. Admin. Code R. 69O-166.024; Fla. Stat. s. 626.9541(1)(i)3.e.; Fla. Stat. s. 627.4265", "source_url": "https://www.law.cornell.edu/regulations/florida/Fla-Admin-Code-Ann-R-69O-166-024", "deadlines": { "acknowledge": "14 days", "decide": "30 days after proof of loss, on your written request", "pay": "20 days after a written settlement agreement", "late": "12% annual interest from the agreement date" } }, "consumer_can_reject_and_keep_negotiating": "Yes. The owner can dispute in writing and ask for the valuation documents generated by the insurer's database (s. 626.9743(5)(a)2.a.) and a written explanation of every deduction (s. 626.9743(5)(c), (6)). The owner can invoke the policy's appraisal clause if there is one (s. 626.9743(10) leaves policy dispute provisions in place). Before suing, either party may demand DFS mediation of any motor vehicle property damage claim, in any amount, and the insurer bears the mediation costs (Fla. Stat. s. 627.745(1)). The owner can also file a complaint with the DFS Division of Consumer Services, or sue in county court (small claims).", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "First-party: the Florida Supreme Court held that a 'repair or replace with other of like kind and quality' collision policy does not require the insurer to pay for diminution in market value after a first-rate repair that restores the car's pre-accident performance, appearance and function (Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002)). Third-party (tort): for harm to a chattel short of total destruction, damages are the before-and-after value difference or, at the plaintiff's election, reasonable repair cost 'with due allowance for any difference between the original value and the value after repairs', plus loss of use (Airtech Serv., Inc. v. MacDonald Constr. Co., 150 So. 2d 465 (Fla. 3d DCA 1963), adopting Restatement of Torts s. 928; quoted in Alonso v. Fernandez, 379 So. 2d 685 (Fla. 3d DCA 1980)). Where the plaintiff shows the repairs did not put the car in as good a condition as before, repair cost plus diminution in value is ordinarily the proper measure, and the plaintiff bears the burden of proving the diminution (McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982)).", "citation": "Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002) [https://static.case.law/so2d/819/cases/0732-01.json]; McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982); Alonso v. Fernandez, 379 So. 2d 685 (Fla. 3d DCA 1980) [https://static.case.law/so2d/379/cases/0685-01.json]; Airtech Serv., Inc. v. MacDonald Constr. Co., 150 So. 2d 465 (Fla. 3d DCA 1963) [https://static.case.law/so2d/150/cases/0465-01.json]", "source_url": "https://static.case.law/so2d/409/cases/0238-01.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "Fla. Stat. s. 95.11(5)(a) (an action founded on negligence: 2 years; shortened from 4 years by ch. 2023-15 (HB 837) for causes of action accruing after March 24, 2023). Conflict: s. 95.11(3)(g) still lists 4 years for 'an action for taking, detaining, or injuring personal property', and no appellate ruling resolving which governs a negligent car-damage claim was found, so 2 years is shown as the safe deadline. A first-party suit on the written insurance policy falls under s. 95.11(2)(b) (5 years).", "source_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html" }, "doi": { "name": "Florida Department of Financial Services, Division of Consumer Services", "complaint_url": "https://myfloridacfo.com/division/consumers/needourhelp", "phone": "1-877-693-5236 (1-877-MY-FL-CFO); out of state (850) 413-3089" }, "confidence": "medium", "tl_caveats": [ "Two deadlines appear in the current (2026) statute: 2 years for negligence (s. 95.11(5)(a)) and 4 years for injuring personal property (s. 95.11(3)(g)). We found no appellate decision on which applies to a negligent car-damage claim that arose after March 24, 2023, so treat 2 years as your deadline.", "Section 626.9743 mentions only sales tax, not title, registration or transfer fees. Whether insurers owe those fees under actual-cash-value policy wording is unclear.", "We could not confirm the Department of Financial Services complaint page and helpline numbers directly. Call 1-877-693-5236 to confirm before you file." ], "dv_caveats": [ "Two deadlines appear in the current (2026) statute: 2 years for negligence (s. 95.11(5)(a)) and 4 years for injuring personal property (s. 95.11(3)(g)). We found no appellate decision on which applies to a negligent car-damage claim that arose after March 24, 2023, so treat 2 years as your deadline.", "McHale puts the burden on the claimant to prove the loss in value after repair. We have not looked at how Florida courts treat purely 'inherent' diminished value (repairs complete and proper) in third-party claims since McHale.", "We could not confirm the Department of Financial Services complaint page and helpline numbers directly. Call 1-877-693-5236 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% state rate on the full price. The county discretionary sales surtax, based on the buyer's county of residence, applies only to the first $5,000 of the price.", "source_url": "https://floridarevenue.com/Forms_library/current/brochure/gt800019.pdf", "tax_type": "sales_tax", "local_rates_add": true, "cap": "Local surtax applies to the first $5,000 only", "confidence": "high", "additional_sources": [ "https://floridarevenue.com/Forms_library/gt800030.pdf" ] }, "slug": "florida", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/florida", "diminished_value": "https://fairmarkvalue.com/diminished-value/florida" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "GA", "name": "Georgia", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "Georgia sets no repair-cost percentage. A vehicle becomes a 'salvage motor vehicle' if restoring it would require replacing two or more major component parts, or if an insurer has paid a total loss claim and the vehicle has not been repaired.", "citation": "O.C.G.A. s. 40-3-2(11)", "source_url": "https://codes.findlaw.com/ga/title-40-motor-vehicles-and-traffic/ga-code-sect-40-3-2/", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "Under the cash-equivalent method, the settlement must include 'all applicable taxes, license fees and other fees incident to the transfer of ownership' of a comparable vehicle. These taxes and fees are capped at the amount that would have been paid on the totaled vehicle at the time of settlement. Under the replacement method, the insurer pays these taxes and fees too, and still owes them if the insured rejects the replacement. Georgia's sales-type tax on vehicles is the title ad valorem tax (TAVT), 7% of fair market value (Georgia Department of Revenue TAVT FAQ: https://dor.georgia.gov/title-ad-valorem-tax-tavt-faq).", "citation": "Ga. Comp. R. & Regs. r. 120-2-52-.06(a), (b)", "source_url": "https://www.law.cornell.edu/regulations/georgia/Ga-Comp-R-Regs-R-120-2-52-.06" }, "valuation_method_rules": { "summary": "Cash-equivalent method: the actual cost, less the deductible, of a comparable vehicle (same manufacturer and model year, similar body style, options and mileage), based on 'one or more' of these: (1) two or more comparables available, or available within the last 30 days, in the local market area, defined as 50 miles from the county seat where the car was principally garaged (dealer prices, printed sales publications or newspapers); (2) only if none under (1), two or more comparables within 100 miles of that county seat, including the closest major metro area in or outside Georgia; (3) only if none under (1) or (2), one of two or more quotes from licensed dealers within 50 miles; or (4) a statistically valid fair-market-value source that gives primary consideration to local values, covers at least 85% of makes and models for the last 15 model years including major options, and uses current data from around where the car was garaged. Method (4) carries no fallback condition, so a CCC/Mitchell/Audatex-type database report may be used directly if it meets those criteria. Replacement method: the vehicle must be the same manufacturer model, same or newer year, similar body style, options and mileage, in good overall condition, available for inspection within 50 miles of the insured's home (or farther if the insured agrees), and purchasable through a licensed dealer or established printed sales publication; the claim file must record its VIN and options. If no qualifying replacement exists, the cash method should be used. If the insured rejects the replacement, the insurer pays what the replacement would have cost, including taxes and fees; if the insured picks another vehicle substantially similar in value, the insurer may replace with it or pay that same amount.", "citation": "Ga. Comp. R. & Regs. r. 120-2-52-.06", "source_url": "https://www.law.cornell.edu/regulations/georgia/Ga-Comp-R-Regs-R-120-2-52-.06" }, "claim_timelines": { "summary": "First-party claims (r. 120-2-52-.03, amended eff. July 1, 2022): acknowledge within 15 days of notice of a claim unless paid within that time, and send proof-of-loss forms with instructions within 15 days. Affirm or deny liability on a motor vehicle claim within 15 days after receiving the completed proof of loss. If no proof of loss is required, the coverage investigation must begin within 30 days of the claim communication. If more time is needed, the insurer must tell the insured, within 5 business days after the deadline passes, why and how much longer it needs; the total time to accept or deny may not exceed 60 days from notice, unless the file documents that requested information was not supplied. Pay within 10 days after coverage is confirmed and the amount is determined and undisputed. Third-party property damage claims: the at-fault driver's insurer has an 'affirmative duty to adjust that loss fairly and promptly'; a written settlement demand for an amount certain sent by certified mail or statutory overnight delivery starts a 60-day window, and if the insurer refuses and the claimant later recovers at least the demand, a penalty (the greater of 50% of the insured's liability or $5,000) plus reasonable attorney's fees may be awarded (O.C.G.A. s. 33-4-7).", "citation": "Ga. Comp. R. & Regs. r. 120-2-52-.03(1)-(5), (7); O.C.G.A. s. 33-4-7", "source_url": "https://www.law.cornell.edu/regulations/georgia/Ga-Comp-R-Regs-R-120-2-52-.03", "deadlines": { "acknowledge": "15 days", "decide": "15 days after proof of loss (60 days from notice at most)", "pay": "10 days after the amount is agreed", "late": "On a third-party claim, a refused 60-day written demand can bring a penalty and attorney fees" } }, "consumer_can_reject_and_keep_negotiating": "Yes. The owner can dispute the comparables and the taxes in writing under r. 120-2-52-.06. Once the insurer has affirmed liability but the amount is still disputed, either side may ask the Insurance Commissioner in writing to arbitrate (stating the facts and where each side stands). The rule says the Commissioner 'may' establish a panel of arbitrators; if a panel exists, three members (at least one Georgia attorney and one licensed adjuster) hear the case, the result binds both parties and satisfies the policy's arbitration provision without waiving common-law rights, and the cost is split equally (r. 120-2-52-.03(6)). Whether a panel is currently operating was not confirmed. The owner can also invoke the policy's appraisal clause or file a complaint with the Office of Commissioner of Insurance and Safety Fire. For third-party property damage, the owner can serve a 60-day demand under O.C.G.A. s. 33-4-7 and sue in magistrate or state court.", "diminished_value": { "third_party": "recoverable", "first_party": "recoverable", "summary": "First-party: the Georgia Supreme Court held that State Farm's policy covers diminution in value as an element of the insured's loss, recoverable on the same basis as other elements, and upheld a requirement that State Farm, not the insured, determine all elements of loss (including DV) in each claim, noting that whether an insurer must assess DV without a specific claim is a matter of contract interpretation (State Farm Mut. Auto. Ins. Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (2001)). Results under other policies depend on their wording. Third-party: the measure is the before-and-after value difference or, where the car was repaired, the reasonable value of labor and materials for the repair plus 'the value of any depreciation (permanent impairment) after the vehicle was repaired', capped at the pre-loss value (Perma Ad Ideas of Am., Inc. v. Mayville, 158 Ga. App. 707 (1981)).", "citation": "State Farm Mut. Auto. Ins. Co. v. Mabry, 274 Ga. 498, 556 S.E.2d 114 (2001) [https://static.case.law/ga/274/cases/0498-01.json]; Perma Ad Ideas of Am., Inc. v. Mayville, 158 Ga. App. 707 (1981) [https://static.case.law/ga-app/158/cases/0707-01.json]", "source_url": "https://static.case.law/ga/274/cases/0498-01.json" }, "statute_of_limitations_property_damage": { "years": 4, "citation": "O.C.G.A. s. 9-3-31 (actions for injuries to personalty: 4 years after the right of action accrues)", "source_url": "https://law.justia.com/codes/georgia/2022/title-9/chapter-3/article-2/section-9-3-31/" }, "doi": { "name": "Georgia Office of Commissioner of Insurance and Safety Fire", "complaint_url": "https://oci.georgia.gov/file-consumer-insurance-complaint", "phone": "(800) 656-2298 toll-free; (404) 656-2070" }, "confidence": "high", "tl_caveats": [ "We have not confirmed that the Commissioner currently runs the arbitration panel described in r. 120-2-52-.03(6).", "Trade press reports a Commissioner directive on calculating the title ad valorem tax (TAVT) for total losses. We could not find it in official form.", "We used a copy of O.C.G.A. ss. 9-3-31, 33-4-7 and 40-3-2 current as of March 28, 2024, not the official code, and have not checked it for changes from the 2024-2026 sessions (including the 2025 tort-reform package).", "We could not open the Commissioner's complaint page to confirm it or the phone numbers. Call (800) 656-2298 to confirm before you file." ], "dv_caveats": [ "First-party diminished value under Mabry depends on your policy wording. Many current Georgia policies may define 'loss' narrowly or exclude diminished value, so treat it as 'may be recoverable; check your policy'.", "We used a copy of O.C.G.A. ss. 9-3-31, 33-4-7 and 40-3-2 current as of March 28, 2024, not the official code, and have not checked it for changes from the 2024-2026 sessions (including the 2025 tort-reform package).", "We could not open the Commissioner's complaint page to confirm it or the phone numbers. Call (800) 656-2298 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.07, "summary": "7.0% Title Ad Valorem Tax (TAVT) on fair market value; it replaces sales tax and annual ad valorem tax. For used cars, value comes from the state assessment manual; dealer sales are reduced by the trade-in. The TAVT is one combined state and local tax.", "source_url": "https://dor.georgia.gov/title-ad-valorem-tax-tavt-faq", "tax_type": "title_ad_valorem_tax", "local_rates_add": false, "cap": null, "confidence": "high", "additional_sources": [ "https://dor.georgia.gov/document/document/2026-motor-vehicle-tavt-manual/download" ] }, "slug": "georgia", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/georgia", "diminished_value": "https://fairmarkvalue.com/diminished-value/georgia" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "HI", "name": "Hawaii", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No insurer total-loss percentage was found. HRS s. 286-2 defines a 'rebuilt vehicle' as one an insurer declared a total loss that has been repaired for road use, and says a vehicle is a total loss for this purpose only if there is material damage (including flood damage) to its electronics, frame, unitized structure or suspension system and the projected repair cost exceeds its market value at the time of the incident. This is a title-branding definition, not a rule on when an insurer must total a car.", "citation": "HRS s. 286-2 ('rebuilt vehicle'), as shown on FindLaw (current as of Jan. 1, 2025)", "source_url": "https://codes.findlaw.com/hi/division-1-government/hi-rev-st-sect-286-2/", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required_on_proof_of_purchase", "summary": "When a replacement vehicle is provided, the insurer pays the applicable Hawaii general excise tax (GET) and certificate of ownership fee. On a cash settlement, if the insured buys a vehicle within 30 days of receiving the settlement, the insurer must reimburse the GET and certificate of ownership fee, capped at the amount payable on the value of the totaled vehicle (or only the tax and fee actually incurred if the purchase costs less). The insurer need not reimburse if the insured does not submit proof of purchase and payment within 33 days after receiving the settlement. The insurer may instead pay the GET and fee directly at settlement, and it must give written notice of the procedure (and any reimbursement form) at settlement. For a third-party total loss, the at-fault driver's insurer must likewise pay the GET and certificate of ownership fee (subject to comparative-negligence reduction under HRS s. 663-31 and the property damage liability limit), with the same 33-day documentation rule or direct payment at settlement. Registration fees are not mentioned.", "citation": "HRS s. 431:10C-312 (first party); HRS s. 431:10C-122 (third party)", "source_url": "https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-431-10c-312/", "purchase_window_days": 30, "proof_deadline_days": 33 }, "valuation_method_rules": { "summary": "If the policy settles total losses on actual cash value or replacement, the insurer must use either the replacement method (s. 431:10C-310) or the cash-settlement method (s. 431:10C-311). Cash settlement: the payment must be based on retail value from sources that reflect market value. Dealer quotes and newspaper ads may be used if the vehicle is not in the insurer's usual source, but neither may be the only source, and the VIN of any quoted dealer vehicle goes in the file. Otherwise estimates from at least three licensed dealers may be used, accounting for pre-loss condition. Documentation of how market value was determined must be kept in the claim file. Deductions for 'get ready to go' and dealer-prep charges are prohibited. Replacement: the file must describe the replacement vehicle (VIN, options). Replacements from the current model year and the three previous years must be bought through licensed dealers unless the insured waives this in writing. If the insured rejects the replacement, the insurer owes only what the replacement would have cost.", "citation": "HRS ss. 431:10C-309, 431:10C-310, 431:10C-311(a), (c)", "source_url": "https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-431-10c-311/" }, "claim_timelines": { "summary": "Hawaii's unfair claim practices statute says the insurer must respond to claim communications with reasonable promptness, 'in no case more than fifteen working days' (s. 431:13-103(a)(11)(B)). It must affirm or deny coverage within a reasonable time after proof of loss is complete (no fixed number of days) (E). It must offer payment within 30 calendar days of affirming liability if the amount is determined and undisputed (F). It must give a reasonable written explanation for the delay on any claim still unresolved 30 calendar days after it was reported (G).", "citation": "HRS s. 431:13-103(a)(11)(B), (E), (F), (G)", "source_url": "https://codes.findlaw.com/hi/division-2-business/hi-rev-st-sect-431-13-103/", "deadlines": { "acknowledge": "15 working days", "decide": null, "pay": "30 days after liability is affirmed" } }, "consumer_can_reject_and_keep_negotiating": "Yes. If within 30 days of receiving the settlement the insured cannot buy a comparable vehicle at the insurer's value but has found a more expensive one, the insurer must do one of these: help locate a comparable at its value through licensed dealers; pay the difference or arrange the purchase; or conclude the settlement through the policy's appraisal clause, which binds both sides but does not waive other rights. At settlement it must give written notice that it will reopen the claim (HRS s. 431:10C-311(b)). The owner can also send a written dispute, talk to an Insurance Division investigator or file a complaint, or sue in small claims or district court.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No Hawaii appellate decision allowing or rejecting diminished-value recovery for a repaired car was found. A law-firm 50-state survey (Matthiesen, Wickert & Lehrer, updated 3/16/2022) reports no Hawaii decisions on third-party vehicle DV; Hawaii courts have used diminution in value only in condemnation and real-property contexts. First-party DV depends on the policy wording. A third-party claim under general tort damages principles may be possible but is unconfirmed.", "citation": "No controlling authority found; Matthiesen, Wickert & Lehrer, Diminution of Value in All 50 States (updated 3/16/2022) (secondary)", "source_url": "https://www.mwl-law.com/state/hawaii/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "HRS s. 657-7 (actions for damage or injury to persons or property: 2 years after accrual). For tort suits arising out of a motor vehicle accident, HRS s. 431:10C-315(b) sets the later of 2 years after the accident or 2 years after the last payment of motor vehicle insurance (PIP) or other listed benefits; it is not limited to injury claims on its face. Use 2 years from the accident as the safe deadline.", "source_url": "https://codes.findlaw.com/hi/division-4-courts-and-judicial-proceedings/hi-rev-st-sect-657-7/" }, "doi": { "name": "Hawaii Department of Commerce and Consumer Affairs, Insurance Division", "complaint_url": "https://cca.hawaii.gov/ins/complaint/", "phone": "1-844-808-3222 (1-844-808-DCCA), 7:45 a.m.-4:30 p.m. HST, Mon-Fri" }, "confidence": "medium", "tl_caveats": [ "We used a copy of HRS ss. 286-2, 431:10C-122, -309 to -312, -315, 431:13-103 and 657-7 current as of January 1, 2025, not the official legislature site.", "The text of s. 431:10C-312 we used gives a 30-day window to buy a replacement but a 33-day deadline to send proof. We could not confirm both figures on the official HRS.", "Whether insurers must also pay Hawaii registration fees (vehicle weight tax) on a total loss is unclear: the statutes mention only the general excise tax and the certificate of ownership fee.", "We have not checked whether HAR Title 16, Chapter 23 adds claim-settlement deadlines or total-loss rules." ], "dv_caveats": [ "We used a copy of HRS ss. 286-2, 431:10C-122, -309 to -312, -315, 431:13-103 and 657-7 current as of January 1, 2025, not the official legislature site.", "No Hawaii authority we found confirms diminished value, third-party or first-party. We could not obtain Fukida v. Hon/Hawaii Service & Repair (2001), which some sources mention." ], "reopen_window": { "window": "30 days of receiving the settlement", "citation": "HRS s. 431:10C-311(b)" }, "vehicle_sales_tax": { "state_rate": 0.04, "summary": "4% general excise tax (GET) imposed on the dealer, who may pass it on. All four counties add a 0.5% surcharge (to 2030), so the maximum visible pass-on is 4.712%. There is no GET on private-party sales.", "source_url": "https://tax.hawaii.gov/geninfo/countysurcharge/", "tax_type": "general_excise_tax", "local_rates_add": true, "cap": "Max pass-on 4.712% with county surcharge", "confidence": "medium", "additional_sources": [ "https://files.hawaii.gov/tax/legal/taxfacts/tf2025-37-1.pdf" ] }, "slug": "hawaii", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/hawaii", "diminished_value": "https://fairmarkvalue.com/diminished-value/hawaii" }, "fees_first_party": "required_on_proof_of_purchase", "sales_tax_third_party": "required_on_proof_of_purchase" }, { "code": "ID", "name": "Idaho", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No percentage. A 'total loss vehicle' is one deemed uneconomical to repair, including where an insurer or other person pays the owner a total-loss settlement (payments for medical care, bodily injury or rental do not count toward that compensation). A 'salvage vehicle' includes one the owner or an insurer judges uneconomical to repair because the cost of parts and labor minus the salvage value makes repair uneconomical, and any vehicle on which an insurer has paid a total-loss settlement.", "citation": "Idaho Code s. 49-123 ('salvage vehicle' and 'total loss vehicle' definitions), FindLaw text current as of Jan. 1, 2024", "source_url": "https://codes.findlaw.com/id/title-49-motor-vehicles/id-st-sect-49-123/", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Idaho statute, rule or DOI bulletin was found requiring insurers to include sales tax or title/registration fees in a total-loss settlement. A 2013 law-firm survey listed Idaho as silent. Whether these are owed depends on the policy's ACV wording.", "citation": "None found", "source_url": "https://doi.idaho.gov/" }, "valuation_method_rules": { "summary": "No Idaho-specific total-loss valuation rule (comparables, distance, dealer quotes, tax) was found. Only the general unfair claim practices statute applies, to acts committed intentionally or often enough to be a general business practice: insurers may not refuse to pay without a reasonable investigation, fail to attempt in good faith a prompt, fair and equitable settlement when liability is reasonably clear, or fail to promptly give a reasonable explanation of the policy basis for a denial or compromise offer. Some secondary sources report that the Idaho DOI says it cannot determine a vehicle's value; we could not confirm this. A 2026 bill (H0769) reportedly would require an appraisal clause in Idaho auto policies for actual-cash-value disputes; we could not confirm its status, so treat it as not law.", "citation": "Idaho Code s. 41-1329 (FindLaw, current as of Jan. 1, 2024); 2026 Idaho H.B. 769 (status unverified)", "source_url": "https://codes.findlaw.com/id/title-41-insurance/id-st-sect-41-1329/" }, "claim_timelines": { "summary": "Idaho Code s. 41-1329 has no fixed day counts: insurers must act 'reasonably promptly' on claim communications and affirm or deny coverage within a reasonable time after proof of loss. Under s. 41-1839(1), an insurer that does not pay the amount justly due within 30 days after proof of loss is furnished may be ordered to pay the insured's reasonable attorney's fees in a later suit. That section sets a 60-day period for UM/UIM benefits.", "citation": "Idaho Code ss. 41-1329, 41-1839(1)", "source_url": "https://codes.findlaw.com/id/title-41-insurance/id-st-sect-41-1839/", "deadlines": { "acknowledge": null, "decide": null, "pay": null, "late": "Attorney's fees in a later suit if not paid within 30 days of proof of loss" } }, "consumer_can_reject_and_keep_negotiating": "Yes. The owner can send a written dispute with their own comparables and ask for the basis of the offer (Idaho Code s. 41-1329), invoke the policy's appraisal or arbitration clause if it has one (no Idaho statute requiring one was confirmed), file a complaint with the Idaho Department of Insurance, or sue in small claims (magistrate division). If the insurer does not pay the amount justly due within 30 days after proof of loss is furnished (60 days for UM/UIM benefits), Idaho Code s. 41-1839(1) lets the court award the insured reasonable attorney's fees in a later suit or arbitration.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No Idaho appellate decision on post-repair diminished value for a vehicle was found, and a law-firm 50-state survey (Matthiesen, Wickert & Lehrer, updated 3/16/2022) reports none for third-party claims. The Idaho Supreme Court has approved proving car damage by the difference in value before and after the injury, with evidence of reasonable repair cost admissible to show that difference (Mitchell v. Dyer, 81 Idaho 344, 341 P.2d 891 (1959), quoting Baldwin v. Mittry, 61 Idaho 427, 102 P.2d 643 (1940)). That before-and-after framework supports arguing that value lost after repair is part of the loss, but no Idaho case was found applying it to a repaired car.", "citation": "Mitchell v. Dyer, 81 Idaho 344, 341 P.2d 891 (1959); Baldwin v. Mittry, 61 Idaho 427, 102 P.2d 643 (1940)", "source_url": "https://static.case.law/idaho/81/cases/0344-01.json" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Idaho Code s. 5-218(3) (action for taking, detaining or injuring any goods or chattels: 3 years)", "source_url": "https://codes.findlaw.com/id/title-5-proceedings-in-civil-actions-in-courts-of-record/id-st-sect-5-218/" }, "doi": { "name": "Idaho Department of Insurance", "complaint_url": "https://doi.idaho.gov/consumer/Complaint", "phone": "(800) 721-3272 toll-free in Idaho; (208) 334-4250 (Consumer Affairs)" }, "confidence": "low", "tl_caveats": [ "We used a copy of the Idaho statutes current as of January 1, 2024 (2024-2026 amendments not checked) and could not check Idaho Department of Insurance guidance.", "We could not confirm the status or content of 2026 H.B. 769, which would require an appraisal clause in auto policies. Treat it as not law until confirmed.", "Whether the Idaho Department of Insurance says it cannot decide vehicle values is unconfirmed.", "We found no IDAPA Title 18 rule setting claim deadlines or total-loss valuation and tax rules, but cannot rule one out.", "We found no rule on sales tax and title fees on a total loss.", "We could not confirm the complaint page (doi.idaho.gov/consumer/Complaint) or the phone numbers. Call (208) 334-4250 to confirm before you file." ], "dv_caveats": [ "We used a copy of the Idaho statutes current as of January 1, 2024 (2024-2026 amendments not checked) and could not check Idaho Department of Insurance guidance.", "We found no Idaho case on diminished value for a repaired vehicle, third-party or first-party.", "We could not confirm the complaint page (doi.idaho.gov/consumer/Complaint) or the phone numbers. Call (208) 334-4250 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% state sales/use tax at the rate in effect on delivery; dealer doc fees are taxable. Local add-ons generally don't apply to vehicles (resort-city local option taxes unclear).", "source_url": "https://tax.idaho.gov/taxes/sales-use/transportation/motor-vehicles/dealers/", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "idaho", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/idaho", "diminished_value": "https://fairmarkvalue.com/diminished-value/idaho" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "IL", "name": "Illinois", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "There is no percentage for insurer-paid total losses: once an insurer pays a total-loss claim, the vehicle is considered salvage (with exceptions for hail-only damage that does not affect operational safety and for vehicles 9 or more model years old that the owner keeps by agreement). The 70% and 50% thresholds in the same section apply only to self-insurers, repossessions, fleet and flood vehicles.", "citation": "625 ILCS 5/3-117.1(b)", "source_url": "https://codes.findlaw.com/il/chapter-625-vehicles/il-st-sect-625-5-3-117-1/", "governs": "none", "non_insurer_percent": 70 }, "sales_tax_and_fees": { "first_party_rule": "required_on_proof_of_purchase", "summary": "If a replacement vehicle is provided, the insurer must pay the sales tax and the transfer and title fees. On a cash settlement, if the insured buys or leases a vehicle within 30 days after receiving the settlement, the insurer must reimburse the sales tax and transfer and title fees actually incurred, capped at the amount payable on the value of the totaled vehicle. The insured must submit documentation within 33 days of receiving the settlement. The insurer may instead pay these amounts directly at settlement, and it must supply any reimbursement form with the notice or at settlement.", "citation": "50 Ill. Adm. Code 919.80(c)(3)(A)", "source_url": "https://www.law.cornell.edu/regulations/illinois/Ill-Admin-Code-tit-50-SS-919.80", "purchase_window_days": 30, "proof_deadline_days": 33 }, "valuation_method_rules": { "summary": "Within 7 days of deciding the car is a total loss, the insurer must give the insured at least the Exhibit A total-loss information. It must then either replace the vehicle or pay cash. Replacement: same manufacturer and year, similar body style, options and price range, in as good or better condition, at a licensed dealer within a reasonable distance; the VIN and options go in the file; replacements of the current model year plus the 3 previous years must be bought through licensed dealers unless the insured waives this in writing. Cash: based on one of these: (A) a published source issued at least every 2 months covering at least the last 5 model years; (B) an electronic source producing statistically valid retail values for at least 85% of makes and models for 15 model years, using data from where the car was garaged and at least 1.5 million vehicles; (C) an electronic service using at least 2 currently available vehicles from licensed Illinois dealers, or 2 sold by licensed Illinois dealers (one within the past 30 days and one within the past 90 days), with the dealers within 50 miles of the metro area where the data is gathered and dealer names, locations and VINs kept in the file; or (D) if the vehicle is not quoted in the source, at least two written dealer quotations, whose dealer names, locations and copies must be given to the insured. The file must document how market value was set. 'Get ready to go' and dealer-prep deductions are prohibited. Betterment deductions must reflect a measurable decrease in market value and be itemized; deductions for prior wear and tear, missing parts and rust may not exceed $500 (919.80(d)(4)(A)(ii)). The insurer may not require unreasonable travel or require the insured to locate the replacement. Partial losses: the insurer must give the insured its estimate on request, and if the insured's own written estimate is higher, the insurer must name a shop that will do the work in a workmanlike manner or agree in writing to reimburse reasonable excess costs (919.80(d)(6)). Third-party claims: where liability is reasonably clear, the at-fault driver's insurer must pay reasonable rental costs for loss of use in proportion to its liability (919.80(d)(2)).", "citation": "50 Ill. Adm. Code 919.80(c), (d)(2), (d)(4), (d)(6) (s. 919.80 as amended at 26 Ill. Reg. 11915, eff. July 22, 2002)", "source_url": "https://www.law.cornell.edu/regulations/illinois/Ill-Admin-Code-tit-50-SS-919.80" }, "claim_timelines": { "summary": "Respond to communications from a claimant or insured within 15 working days ('reasonable promptness'). Make a bona fide effort to communicate within 21 working days after notice of loss when liability is reasonably clear ('prompt investigation') (919.40, as amended eff. Jan. 17, 2025). Affirm or deny liability within a reasonable time, and offer payment within 30 days after affirming liability for undisputed amounts. For a first-party denial or an offer lower than the amount claimed, give a written explanation, with the Notice of Availability of the Department of Insurance, within 30 days after the investigation is completed; for a third-party denial, give a written explanation within 30 days after the initial liability determination (919.50(a)). A first-party auto physical damage claim unresolved for more than 40 calendar days requires a written explanation of the delay, and a third-party property damage claim requires one after 60 days, each with the Notice of Availability (919.80(b)).", "citation": "50 Ill. Adm. Code 919.40, 919.50(a), 919.80(b)-(c)", "source_url": "https://www.law.cornell.edu/regulations/illinois/Ill-Admin-Code-tit-50-SS-919.50", "deadlines": { "acknowledge": "15 working days", "decide": null, "pay": "30 days after liability is affirmed" } }, "consumer_can_reject_and_keep_negotiating": "Yes. If within 30 days after receiving the claim draft the insured cannot buy a comparable vehicle for the insurer's market value, the insurer must reopen the file. It must then locate a comparable vehicle, pay the difference, offer a replacement, or settle through the policy's appraisal clause, which binds both sides but preserves other rights (919.80(c)(2)(F)). This reopening duty does not apply if the insurer's settlement papers already named a specific available comparable vehicle, with its VIN, that could have been bought for the insurer's value (919.80(c)(2)(F)(v)). The insured can ask for the dealer quotes and valuation documentation, file a complaint with the Illinois Department of Insurance (the insurer must include the Notice of Availability in its explanation letters), or sue in small claims court.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: for repairable damage, if the property is worth less after repair than before, damages are the difference in market value before the injury and in its repaired condition, in addition to reasonable repair costs (Trailmobile Div. of Pullman, Inc. v. Higgs, 12 Ill. App. 3d 323 (1973)). First-party: the court held, as a matter of law, that Allstate's unambiguous 'repair or replace' policy requires restoring the car to pre-accident mechanical function and condition and does not require paying for a properly repaired vehicle's loss in market value, even though Allstate did not dispute that 'loss' could encompass diminished value (Sims v. Allstate Ins. Co., 365 Ill. App. 3d 997, 851 N.E.2d 701 (5th Dist. 2006)).", "citation": "Trailmobile Div. of Pullman, Inc. v. Higgs, 12 Ill. App. 3d 323 (1973) [https://static.case.law/ill-app-3d/12/cases/0323-01.json]; Sims v. Allstate Ins. Co., 365 Ill. App. 3d 997, 851 N.E.2d 701 (5th Dist. 2006) [https://static.case.law/ill-app-3d/365/cases/0997-01.json]", "source_url": "https://storage.courtlistener.com/pdf/2006/05/31/sims_v._allstate_insurance_co..pdf" }, "statute_of_limitations_property_damage": { "years": 5, "citation": "735 ILCS 5/13-205 (actions to recover damages for an injury done to property, real or personal: 5 years)", "source_url": "https://codes.findlaw.com/il/chapter-735-civil-procedure/il-st-sect-735-5-13-205/" }, "doi": { "name": "Illinois Department of Insurance", "complaint_url": "https://idoi.illinois.gov/consumers/file-a-complaint.html", "phone": "Consumer Assistance Hotline 866-445-5364 (per IDOI, call it to have complaint forms mailed; complaints are filed online or by emailed/mailed form); Chicago office (312) 814-2420; Springfield office (217) 782-4515" }, "confidence": "high", "tl_caveats": [ "We have not seen Exhibit A (the total-loss notice) to 50 Ill. Adm. Code Part 919.", "We used Part 919 as published by Cornell's Legal Information Institute, which shows 919.80 last amended at 26 Ill. Reg. 11915 (effective July 22, 2002) and 919.40 at 49 Ill. Reg. 1273 (effective January 17, 2025). We have not checked it against the official JCAR text.", "Section 919.80 has no tax or fee rule for a total loss claimed against the other driver's insurer. Whether that insurer owes sales tax and title fees then depends on Illinois damages law, which we have not reviewed.", "We used a copy of 625 ILCS 5/3-117.1 and 735 ILCS 5/13-205 current as of January 1, 2025, not the official legislature site." ], "dv_caveats": [ "We used a copy of 625 ILCS 5/3-117.1 and 735 ILCS 5/13-205 current as of January 1, 2025, not the official legislature site." ], "reopen_window": { "window": "30 days after receiving the claim draft", "citation": "50 Ill. Adm. Code 919.80(c)(2)" }, "vehicle_sales_tax": { "state_rate": 0.0625, "summary": "6.25% state rate on dealer sales (Form ST-556), plus local taxes based on dealer location, such as RTA and home-rule taxes; Chicago residents owe an extra 1.25% home-rule use tax. Private sales use the separate RUT-50 tax.", "source_url": "https://tax.illinois.gov/research/taxinformation/sales/vehicle-tax-faqs.html", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "illinois", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/illinois", "diminished_value": "https://fairmarkvalue.com/diminished-value/illinois" }, "fees_first_party": "required_on_proof_of_purchase", "sales_tax_third_party": "not_stated" }, { "code": "IN", "name": "Indiana", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "A salvage title is required for a vehicle from the most recent 7 model years when an insurer has found it economically impractical to repair and has made an agreed settlement with the insured or claimant; no percentage applies to insurer settlements. The 70%-of-fair-market-value repair test applies only to businesses that insure their own vehicles or to owners who acquired the vehicle after the damage. A flood-damaged vehicle also requires a salvage title.", "citation": "Ind. Code s. 9-22-3-3(a) (FindLaw, current as of Jan. 1, 2026)", "source_url": "https://codes.findlaw.com/in/title-9-motor-vehicles/in-code-sect-9-22-3-3/", "governs": "none", "non_insurer_percent": 70 }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "Indiana Department of Insurance Bulletin 82 (Feb. 25, 1994) states the department's long-standing position that an insurer settling a totaled vehicle must pay the claimant sales tax in addition to the vehicle's value, computed on the amount the insurer pays for the vehicle, at the same time as the vehicle payment (no proof-of-purchase condition appears in the excerpts seen). The bulletin speaks of 'claimants', so it may reach third-party settlements too. Title and registration fees are not addressed in the excerpts seen.", "citation": "Indiana Department of Insurance Bulletin 82 (Feb. 25, 1994)", "source_url": "https://secure.iot.in.gov/idoi/files/Bulletin_82.pdf" }, "valuation_method_rules": { "summary": "No Indiana-specific total-loss valuation regulation (comparables, distance, dealer quotes) was confirmed. The unfair claim settlement practices statute requires reasonable standards for prompt investigation, a good-faith effort at prompt, fair and equitable settlement when liability is reasonably clear, and a prompt, reasonable explanation of the policy basis for a denial or compromise offer.", "citation": "Ind. Code s. 27-4-1-4.5", "source_url": "https://codes.findlaw.com/in/title-27-insurance/in-code-sect-27-4-1-4-5/" }, "claim_timelines": { "summary": "The statute sets no fixed day deadlines: insurers must acknowledge and act 'reasonably promptly' on claim communications and affirm or deny coverage within a reasonable time after proof of loss is complete.", "citation": "Ind. Code s. 27-4-1-4.5(2), (3), (5), (14) (FindLaw, current as of Jan. 1, 2026)", "source_url": "https://codes.findlaw.com/in/title-27-insurance/in-code-sect-27-4-1-4-5/", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Yes. The owner can send a written dispute asking for a reasonable explanation of the basis for the offer (IC 27-4-1-4.5(14)), demand sales tax on the settlement citing IDOI Bulletin 82, invoke the policy's appraisal clause if there is one, file a complaint with the Indiana Department of Insurance, or sue in small claims court.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "First-party: the Indiana Supreme Court held that a policy limiting coverage to the lesser of actual cash value or the cost to repair or replace with property of like kind and quality does not obligate the insurer to pay for diminution in value after repair (Allgood v. Meridian Sec. Ins. Co., 836 N.E.2d 243 (Ind. 2005)). Under uninsured motorist coverage, which covers the uninsured driver's liability to the insured, the insurer that chooses to repair must also pay any diminished value, up to the policy limits (Dunn v. Meridian Mut. Ins. Co., 836 N.E.2d 249 (Ind. 2005)). Third-party: the fundamental measure for damaged but not destroyed property is the reduction in fair market value, which may be proved by before-and-after values, by repair cost where repair restores full value, or by repair cost combined with before-and-after-repair values where repair does not restore full value (Wiese-GMC, Inc. v. Wells, 626 N.E.2d 595 (Ind. Ct. App. 1993); see Dado v. Jeeninga, 743 N.E.2d 291 (Ind. Ct. App. 2001)).", "citation": "Allgood v. Meridian Sec. Ins. Co., 836 N.E.2d 243 (Ind. 2005) [https://static.case.law/ne2d/836/cases/0243-02.json]; Dunn v. Meridian Mut. Ins. Co., 836 N.E.2d 249 (Ind. 2005) [https://static.case.law/ne2d/836/cases/0249-01.json]; Wiese-GMC, Inc. v. Wells, 626 N.E.2d 595 (Ind. Ct. App. 1993) [https://static.case.law/ne2d/626/cases/0595-01.json]; Dado v. Jeeninga, 743 N.E.2d 291 (Ind. Ct. App. 2001)", "source_url": "https://static.case.law/ne2d/836/cases/0243-02.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "Ind. Code s. 34-11-2-4(a) (injury to personal property: 2 years after accrual)", "source_url": "https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-11-2-4/" }, "doi": { "name": "Indiana Department of Insurance, Consumer Services Division", "complaint_url": "https://www.in.gov/idoi/consumer-services/file-an-insurance-company-complaint/", "phone": "800-622-4461 (toll-free, in state only); (317) 232-2395" }, "confidence": "medium", "tl_caveats": [ "We could not review Bulletin 82. Whether it is still in force, whether it reaches claims against the other driver's insurer, and whether it covers title and registration fees are unconfirmed, so treat the sales-tax rule as medium confidence.", "We have not checked whether 760 IAC has any auto total-loss valuation or claim-deadline rules.", "We could not confirm the complaint page and phone numbers on a current Department of Insurance page. Call (317) 232-2395 to confirm before you file." ], "dv_caveats": [ "We could not confirm the complaint page and phone numbers on a current Department of Insurance page. Call (317) 232-2395 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.07, "summary": "7% state sales tax collected by the dealer (Form ST-108), or at the BMV for private sales. No local sales tax.", "source_url": "https://www.in.gov/dor/i-am-a/business-corp/tax-form-types/vehicle-dealers/", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high", "additional_sources": [ "https://secure.in.gov/bmv/titles/buying-and-selling/" ] }, "slug": "indiana", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/indiana", "diminished_value": "https://fairmarkvalue.com/diminished-value/indiana" }, "fees_first_party": "not_stated", "sales_tax_third_party": "unclear" }, { "code": "IA", "name": "Iowa", "total_loss_threshold": { "type": "percent", "percent": 70, "summary": "For salvage-title purposes, a 'wrecked or salvage vehicle' is a damaged vehicle whose cost of repair exceeds 70% of its fair market value before the damage. A vehicle whose ownership passes to the insurer in a damage or theft settlement is also deemed a wrecked or salvage vehicle. This is a titling rule; it does not stop an insurer from totaling a car below 70%.", "citation": "Iowa Code s. 321.52(4)(b), (e) (Iowa Code 2026)", "source_url": "https://www.legis.iowa.gov/docs/code/321.52.pdf", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "On a first-party total loss, both a replacement offer and a cash settlement must include 'all applicable taxes, license fees and other fees incident to transfer of evidence of ownership' of a comparable vehicle. For a replacement, these are paid by the insurer at no cost to the insured other than the deductible. The rule does not condition this on proof of purchase.", "citation": "Iowa Admin. Code r. 191-15.43(1)(a)(1)-(2)", "source_url": "https://www.legis.iowa.gov/docs/iac/rule/191.15.43.pdf" }, "valuation_method_rules": { "summary": "Replacement: same manufacturer, same or newer year, similar body style, options and mileage, in as good or better condition, and available for inspection at a licensed dealer within a reasonable distance; the offer and any rejection must be documented. Cash settlement: actual cost less the deductible, based on one of these: (1) two or more comparables available in the local market area now or within the last 90 days; (2) if none, two or more within the last 90 days in areas near the local market, including the closest major metro areas in or outside Iowa; (3) one of two or more quotes from licensed dealers in the local market area; or (4) a statistically valid source that gives primary weight to local values, covers at least 85% of makes and models for the last 15 model years with major options, and uses current data from where the car was garaged. Any other method needs documentation of the car's condition, and every deduction, including for salvage, must be 'measurable, discernible, itemized and specified as to dollar amount' and fully explained to the claimant. Betterment deductions are allowed only for a measurable decrease in market value caused by poorer condition or prior damage, and must be itemized and documented. Insurers may not require unreasonable travel. For partial losses, the insurer must give the insured a copy of its estimate; if the insured's own written estimate is higher, the insurer must pay the difference or name a shop that will do the repair for the insurer's estimate.", "citation": "Iowa Admin. Code r. 191-15.43(1), (3), (5), (6), (9) (ARC 7734C, eff. Apr. 24, 2024)", "source_url": "https://www.legis.iowa.gov/docs/iac/rule/191.15.43.pdf" }, "claim_timelines": { "summary": "Acknowledge notice of a claim within 15 days, and reply within 15 days to pertinent communications that reasonably suggest a response is expected (r. 191-15.42(1), (3)); providing claim forms and instructions within 15 days counts as acknowledgment (15.42(4)). Accept or deny a first-party claim within 30 days after receiving a properly executed proof of loss; a denial must be in writing and cite the specific policy provision (r. 191-15.41(2)). If more time is needed, notify the claimant within 30 days with the reasons, then send a status letter 45 days after that notice and every 45 days thereafter (r. 191-15.41(3)). Pay within 30 days after affirming liability if the amount is determined and undisputed (r. 191-15.41(6)). Insurers must answer an Insurance Division inquiry about a claim within 21 days (r. 191-15.42(2)).", "citation": "Iowa Admin. Code r. 191-15.41(2), (3), (6); r. 191-15.42(1), (3), (4) (ARC 7734C, eff. Apr. 24, 2024)", "source_url": "https://www.legis.iowa.gov/docs/iac/rule/191.15.41.pdf", "deadlines": { "acknowledge": "15 days", "decide": "30 days after proof of loss", "pay": "30 days after liability is affirmed" } }, "consumer_can_reject_and_keep_negotiating": "Yes. If the insured tells the insurer within 35 days of receiving the claim draft that a comparable vehicle cannot be bought for the insurer's value, the insurer must reopen the file and either locate a comparable vehicle through a licensed dealer, pay the difference for the comparable the insured found (or arrange its purchase), offer a replacement, or settle through the policy's appraisal clause, which binds both sides but preserves other rights. This does not apply if the insurer's settlement papers already identified a specific available comparable vehicle, with its VIN, at the settlement value (r. 191-15.43(1)(a)(3)). The insured can also demand the itemized basis for every deduction (r. 191-15.43(1)(b)), file a complaint with the Iowa Insurance Division (only for policies issued in Iowa; the Division says the process typically takes 30-45 days), or sue in small claims court.", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: Iowa follows three rules from Long v. McAllister, 319 N.W.2d 256, 261 (Iowa 1982): (1) if the car is destroyed or repair would cost more than the before-and-after value difference, damages are the lost market value plus loss of use; (2) if repair will restore it to as good condition as before, damages are reasonable repair cost plus loss of use; (3) if repair cannot restore it to as good condition, damages are the difference between its market value before and after the injury, plus loss of use. When rule (3) applies, the cost of repairs and the value after repairs are 'irrelevant'; the measure is pre-accident value minus damaged (unrepaired) value (Papenheim v. Lovell, 530 N.W.2d 668 (Iowa 1995); 553 N.W.2d 328 (Iowa 1996)). The Court of Appeals affirmed a before-and-after award that included repair cost where the evidence of post-repair diminution ranged from $0 to $7,000 (Hawkeye Motors, Inc. v. McDowell, 541 N.W.2d 914 (Iowa Ct. App. 1995)). So a DV claim in Iowa is best framed as 'repairs cannot restore the car's pre-accident value' under rule (3). First-party: no Iowa authority confirmed.", "citation": "Long v. McAllister, 319 N.W.2d 256 (Iowa 1982) [https://static.case.law/nw2d/319/cases/0256-01.json]; Papenheim v. Lovell, 530 N.W.2d 668 (Iowa 1995) [https://static.case.law/nw2d/530/cases/0668-01.json]; Papenheim v. Lovell, 553 N.W.2d 328 (Iowa 1996) [https://static.case.law/nw2d/553/cases/0328-01.json]; Hawkeye Motors, Inc. v. McDowell, 541 N.W.2d 914 (Iowa Ct. App. 1995) [https://static.case.law/nw2d/541/cases/0914-01.json]", "source_url": "https://static.case.law/nw2d/553/cases/0328-01.json" }, "statute_of_limitations_property_damage": { "years": 5, "citation": "Iowa Code s. 614.1(4) (actions 'brought for injuries to property': 5 years)", "source_url": "https://www.legis.iowa.gov/docs/code/614.1.pdf" }, "doi": { "name": "Iowa Insurance Division", "complaint_url": "https://iid.iowa.gov/consumers/filing-complaints/how-do-i-consumer-complaints", "phone": "877-955-1212 (toll-free within Iowa); 515-654-6600" }, "confidence": "high", "tl_caveats": [ "Iowa charges a one-time 5% fee for new registration instead of sales tax on vehicles. Rule 191-15.43 requires 'all applicable taxes, license fees and other fees incident to transfer', which should cover it, but we found no Insurance Division guidance confirming this." ], "dv_caveats": [ "We found no Iowa statute, rule or case on diminished value under your own policy, either way." ], "reopen_window": { "window": "35 days of receiving the claim draft", "citation": "Iowa Admin. Code r. 191-15.43(1)" }, "vehicle_sales_tax": { "state_rate": 0.05, "summary": "Vehicles are exempt from sales tax but pay a one-time 5% fee for new registration on the purchase price (Iowa Code 321.105A), including private sales. Local option sales tax does not apply.", "source_url": "https://tax.iowa.gov/iowa-sales-tax-faqs", "tax_type": "fee_for_new_registration", "local_rates_add": false, "cap": null, "confidence": "high", "additional_sources": [ "https://iowadot.gov/media/1173/download?inline=" ] }, "slug": "iowa", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/iowa", "diminished_value": "https://fairmarkvalue.com/diminished-value/iowa" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "KS", "name": "Kansas", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "A 'late model' vehicle (model year of the loss year or the six preceding years) is a salvage vehicle when the total cost of repair is 75% or more of its fair market value just before the damage, unless the damage was only exterior cosmetic damage from windstorm or hail. Any vehicle the insurer determines to be a total loss and takes title to is also salvage. For this test, 'fair market value' is retail value from a nationally recognized compilation (including an automated database) or a market survey of comparable vehicles, and 'cost of repairs' excludes tires, sound systems and sales tax on parts. This is a titling rule; it does not stop an insurer from totaling a car below 75%.", "citation": "K.S.A. 8-197(b)(2)(B)-(C), (b)(6)-(8)", "source_url": "https://www.ksrevisor.org/statutes/chapters/ch08/008_001_0097.html", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "A cash settlement must be based on the actual cost, less the deductible, to buy a comparable automobile 'including all applicable taxes, license fees and other fees incident to transfer of evidence of ownership'; a replacement offer must likewise carry those taxes and fees. Kansas deleted the words 'first party' from model s. 9(a) and replaced 'insured' with 'claimant' in s. 9(a)(1). For third-party total losses, insurers 'shall include consideration of' applicable taxes, license fees and other transfer fees and must document in the file how the settlement was reached (model s. 9(h) as added). Kansas Insurance Department Bulletin 2013-1 (Nov. 20, 2013) reportedly reminded insurers to include sales taxes and fees in all motor vehicle total-loss settlements (we have not seen the bulletin itself). No proof-of-purchase condition appears in the regulation.", "citation": "K.A.R. 40-1-34(k)-(m), (o) (Kansas changes to NAIC model ss. 9(a), 9(a)(1)-(2), 9(h)); KID Bulletin 2013-1 (secondary)", "source_url": "https://www.law.cornell.edu/regulations/kansas/K-A-R-40-1-34" }, "valuation_method_rules": { "summary": "Kansas adopts the NAIC Unfair Claims Settlement Practices Model Regulation (January 1981 edition) by reference, with changes. Cash value must come from a statistically valid source or method that covers at least 85% of makes and models for 15 model years with all major options, and gives values based on current data for the local market area, defined as 50 miles around where the car was principally garaged. A 'comparable automobile' is the same make, model, year, style and condition, with all major options. Any deviation must be documented with the particulars of the car's condition, and deductions, including salvage, must be 'measurable, discernible, itemized and specified as to dollar amount' and fully explained to the claimant. Outside total-loss situations, the insurer may not offer a first-party cash settlement lower than the cost of repairs unless the insured agrees.", "citation": "K.A.R. 40-1-34 (adopting the NAIC Unfair Claims Settlement Practices Model Regulation, Jan. 1981 ed., with Kansas changes to model ss. 8(e), 9(a)(2)-(3), 9(j); last amended Jan. 10, 2003)", "source_url": "https://www.law.cornell.edu/regulations/kansas/K-A-R-40-1-34" }, "claim_timelines": { "summary": "K.A.R. 40-1-34 adopts the January 1981 NAIC model regulation, so the model's deadlines apply in Kansas. A law-firm insurance compendium reports these as: acknowledge a claim within 10 days, accept or deny a first-party claim within 15 days after proof of loss, and finish the investigation within 30 days or send status letters every 45 days; whether these are calendar or working days was not confirmed from the official model text, so treat them as approximate. Kansas-specific rules confirmed in the regulation: an insurer negotiating with an unrepresented claimant must give written notice before a limitation period may expire, 30 days ahead for first-party and 60 days ahead for third-party claimants; and when a claimant reports within 30 days after receiving the claim draft that a comparable vehicle cannot be bought for that amount, the insurer must reopen the file within 5 business days.", "citation": "K.A.R. 40-1-34 (NAIC 1981 model ss. 6, 8 as adopted; Kansas additions to s. 8(h) and s. 9(i)); ALFA International Kansas Insurance Law compendium (secondary)", "source_url": "https://www.law.cornell.edu/regulations/kansas/K-A-R-40-1-34", "deadlines": { "acknowledge": "10 days (reported)", "decide": "15 days after proof of loss (reported)", "pay": null, "note": "Kansas figures come from a law-firm compendium and are approximate." } }, "consumer_can_reject_and_keep_negotiating": "Yes. If the claimant notifies the insurer within 30 days after receiving the claim draft that a comparable vehicle cannot be bought for that amount, the insurer must reopen the file within 5 business days and either pay the difference for the comparable vehicle the claimant located (or negotiate and complete its purchase), or offer a replacement. The claimant can also demand the itemized, dollar-specific basis for every deduction, insist on taxes and fees (Bulletin 2013-1), invoke the policy's appraisal clause if there is one, file a complaint with the Kansas Insurance Department, or sue in small claims court.", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: the Kansas Supreme Court affirmed a verdict using the before-and-after market value measure where the defendant had scratched his name into the car's paint and repainting would leave an obvious patch rather than restore the car (Broadie v. Randall, 114 Kan. 92, 216 P. 1103 (1923)), and later described the Kansas rule as value before the damage less value after repairs, plus the reasonable cost of the repairs (Venable v. Import Volkswagen, Inc., 214 Kan. 43, 519 P.2d 667 (1974)). The regulation also requires third-party settlements to use a measure of damages that compensates the 'reasonable loss sustained as the proximate result of the insured's negligence' (K.A.R. 40-1-34, model s. 9(h)). First-party: in Venable, the Kansas Supreme Court upheld an $820 loss-in-value award against a collision insurer that had elected to repair and whose repair did not fully restore the camper's value, noting that an insurer that elects to repair is bound by that election. No Kansas case was found requiring first-party DV after a proper repair, so first-party DV is limited to failed-repair situations as far as confirmed.", "citation": "Broadie v. Randall, 114 Kan. 92, 216 P. 1103 (1923) [https://static.case.law/kan/114/cases/0092-01.json]; Venable v. Import Volkswagen, Inc., 214 Kan. 43, 519 P.2d 667 (1974) [https://static.case.law/kan/214/cases/0043-01.json]; K.A.R. 40-1-34", "source_url": "https://static.case.law/kan/214/cases/0043-01.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "K.S.A. 60-513(a)(2) (an action for taking, detaining or injuring personal property: 2 years)", "source_url": "https://www.ksrevisor.org/statutes/chapters/ch60/060_005_0013.html" }, "doi": { "name": "Kansas Insurance Department", "complaint_url": "https://www.insurance.kansas.gov/consumers/file-a-complaint", "phone": "(800) 432-2484 toll-free; (785) 296-3071" }, "confidence": "medium", "tl_caveats": [ "The 1981 NAIC model deadlines (10 days to acknowledge, 15 days to accept or deny, 30 or 45 days to investigate) come from a law-firm compendium, not the official text, and we could not locate the January 1981 model edition. Confirm the numbers, and whether they are working or calendar days.", "We know Bulletin 2013-1 only from a law-firm summary; we could not open it on the Insurance Department's site.", "No Kansas decision we found tests whether deleting 'first party' from model s. 9(a) makes the cash-settlement method binding on claims against the other driver's insurer.", "We could not confirm the Kansas Insurance Department complaint page and phone numbers directly. Call (785) 296-3071 to confirm before you file." ], "dv_caveats": [ "We could not confirm the Kansas Insurance Department complaint page and phone numbers directly. Call (785) 296-3071 to confirm before you file." ], "reopen_window": { "window": "30 days after receiving the claim draft", "citation": "K.A.R. 40-1-34" }, "vehicle_sales_tax": { "state_rate": 0.065, "summary": "6.5% state rate plus city and county local tax. The dealer charges the combined rate at its location; on private or out-of-state purchases the county treasurer collects the higher of the sale-site or registration-address rate.", "source_url": "https://www.ksrevenue.gov/pub1526.html", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "kansas", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/kansas", "diminished_value": "https://fairmarkvalue.com/diminished-value/kansas" }, "fees_first_party": "required", "sales_tax_third_party": "unclear" }, { "code": "KY", "name": "Kentucky", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "KRS 186A.520(1)(a) requires a salvage title (subject to the KRS 186A.555 exceptions) when the total estimated or actual cost of parts and labor to rebuild the vehicle to its preaccident condition for legal road use, not counting the cost to reinstall a deployed airbag system, exceeds 75% of its retail value as prescribed by a nationally accepted used-car valuation guide or tool identified under KRS 304.20-110. This is a title-branding rule; the insurer's total-loss decision otherwise follows the policy.", "citation": "KRS 186A.520(1)(a)-(b)", "source_url": "https://codes.findlaw.com/ky/title-xvi-motor-vehicles/ky-rev-st-sect-186a-520/", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "For first-party total losses settled on actual cash value or like-kind replacement, the insurer must either provide a specific comparable replacement vehicle with all applicable taxes, license fees (if not refundable by the Transportation Cabinet) and other title-transfer fees paid, or pay a cash settlement equal to the actual cost to buy a comparable vehicle including those taxes and fees, less the deductible. The regulation text does not make the taxes/fees conditional on buying a replacement.", "citation": "806 KAR 12:095 Section 7(1)(a)-(b)", "source_url": "https://www.law.cornell.edu/regulations/kentucky/806-KAR-12-095" }, "valuation_method_rules": { "summary": "Cash value must be set by (1) the cost of a comparable vehicle in the local market area (a reasonable distance around where the car is garaged, not limited to Kentucky); (2) if none is available locally, one of two or more quotes from two or more licensed dealers in that area; or (3) a statistically valid fair-market-value source that considers local values, covers at least 85% of makes/models for the last 8 model years, and uses current local data, adjusted for enhancements and condition. If the policy has no appraisal clause, the insured may present two independent appraisals showing a higher local value, which must be considered. Right of recourse: if the insured notifies the insurer within 35 days of receiving the settlement check that a comparable vehicle cannot be bought for the paid value, the insurer must reopen the claim and either locate a comparable vehicle at that price, pay the difference for one the insured found, or resolve it through the policy appraisal clause. Any deviation must be documented; deductions (including salvage) must be measurable, discernible, itemized and stated in dollars, and the basis explained fully to the claimant. Insurers may not require unreasonable travel to inspect a replacement. Separately, trade press and other secondary reports say 806 KAR 20:030 (car valuation guides, implementing KRS 304.20-110) requires property and casualty insurers to use Kelley Blue Book or J.D. Power (NADA) values when setting the retail value of a wrecked or damaged vehicle for KRS Chapter 186A title/salvage purposes. We could not confirm its text. Whether it affects the 806 KAR 12:095 settlement methods is unclear.", "citation": "806 KAR 12:095 Sections 1(9), 7(1)(b)-(d), 7(4); KRS 304.20-110; 806 KAR 20:030", "source_url": "https://www.law.cornell.edu/regulations/kentucky/806-KAR-12-095" }, "claim_timelines": { "summary": "Acknowledge notice of claim within 15 days (unless paid within that time); reply to other pertinent communications within 15 days; offer any payment due within 30 calendar days of proof of loss; if more time is needed on a first-party claim, notify the claimant within 30 days after proof of loss with reasons and send a status letter every 45 days; affirm or deny liability within a reasonable time and tender payment within 30 days of affirming liability when the amount is undisputed. By statute, policy claims are payable to the named insured within 30 days after notice and proof of claim; if the insurer makes no good-faith settlement attempt in that window, 12% annual interest runs, plus attorney fees if the delay lacked reasonable foundation.", "citation": "806 KAR 12:095 Sections 5-6; KRS 304.12-235", "source_url": "https://www.law.cornell.edu/regulations/kentucky/806-KAR-12-095", "deadlines": { "acknowledge": "15 days", "decide": null, "pay": "30 days after proof of loss", "late": "12% annual interest, plus attorney fees if the delay had no reasonable basis" } }, "consumer_can_reject_and_keep_negotiating": "Reject the offer in writing citing 806 KAR 12:095 Section 7 and attach local comparables or dealer quotes; within 35 days of receiving the settlement check, invoke the right of recourse if you cannot buy a comparable car for the amount paid; use the policy appraisal clause if there is one (or, if there is none, submit two independent appraisals); file a complaint with the Kentucky Department of Insurance; pursue the at-fault driver or your insurer in court (2-year limit for property damage).", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Kentucky's claims regulation sets the measure of damages in a third-party vehicle loss as the difference between fair market value immediately before and after the loss (reduced by the claimant's comparative fault), with repair estimates usable as evidence. The same subsection says first-party damages are governed by the policy and may not include any measure of damages not specifically provided in it.", "citation": "806 KAR 12:095 Section 7(2)", "source_url": "https://www.law.cornell.edu/regulations/kentucky/806-KAR-12-095" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "KRS 413.125 (taking, detaining or injuring personal property)", "source_url": "https://law.justia.com/codes/kentucky/chapter-413/section-413-125/" }, "doi": { "name": "Kentucky Department of Insurance", "complaint_url": "https://insurance.ky.gov/ppc/forms/complaints_home.aspx", "phone": "800-595-6053 (toll-free, in Kentucky); 502-564-6034" }, "confidence": "medium", "tl_caveats": [ "We could not open the official Kentucky legislature and Department of Insurance sites. We used 806 KAR 12:095 as published by Cornell's Legal Information Institute (version effective November 30, 2021) and have not checked later amendments against the official KAR.", "We could not confirm the text of 806 KAR 20:030. Its effective date, its Kelley Blue Book / J.D. Power requirement, and whether it binds settlement valuations (such as CCC or Mitchell reports) or only the KRS 186A salvage-title test are unclear. A copy of KRS 186A.520 current as of January 1, 2025 already refers to a guide 'identified under KRS 304.20-110', so we could not confirm the reported 2025 SB 136 timeline.", "We could not confirm 2026 HB 144 (reported as Acts ch. 100, effective July 15, 2026), which would amend KRS 186A.295 and 186A.520 to exclude cosmetic damage from the repair-cost calculation. The pre-2026 text of 186A.520(1) excludes only the cost of reinstalling airbags.", "KRS 304.12-235 names the 'named insured person or health care provider'. We have not confirmed whether it covers claims against the other driver's insurer.", "We could not recheck KRS 413.125 (2-year limit) against a current copy.", "We could not confirm the Kentucky Department of Insurance complaint page and phone numbers. Call 502-564-6034 to confirm before you file." ], "dv_caveats": [ "We could not open the official Kentucky legislature and Department of Insurance sites. We used 806 KAR 12:095 as published by Cornell's Legal Information Institute (version effective November 30, 2021) and have not checked later amendments against the official KAR.", "We could not recheck KRS 413.125 (2-year limit) against a current copy.", "We could not confirm the Kentucky Department of Insurance complaint page and phone numbers. Call 502-564-6034 to confirm before you file.", "We found no published Kentucky appellate decision on inherent diminished value after repair in a third-party auto claim; the third-party rating rests on the regulation's before-and-after value measure." ], "reopen_window": { "window": "35 days of receiving the settlement check", "citation": "806 KAR 12:095 Section 7" }, "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% motor vehicle usage tax, in lieu of sales tax, on total consideration less trade-in (book value if no affidavit). Collected by the county clerk at registration. No local add-on.", "source_url": "https://revenue.ky.gov/Property/Motor-Vehicles/Pages/Motor-Vehicle-Usage-Tax.aspx", "tax_type": "motor_vehicle_usage_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "kentucky", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/kentucky", "diminished_value": "https://fairmarkvalue.com/diminished-value/kentucky" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "LA", "name": "Louisiana", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "La. R.S. 32:702(14) defines a 'total loss' as a vehicle with damage equal to 75% or more of its market value under the most current NADA Handbook. Hail damage reaching 75% because of cosmetic repairs (e.g., windshields, windows, rear glass) is not deemed a total loss, but the vehicle gets a hail-damage branded title. Under R.S. 9:2800.17, any diminished-value payment counts toward deciding whether the vehicle is a total loss under R.S. 32:702.", "citation": "La. R.S. 32:702(14); La. R.S. 9:2800.17", "source_url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-32-sect-702/", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Louisiana statute or regulation was found that requires sales tax, title or registration fees in a first-party auto total-loss payment; R.S. 22:1892(B)(5) covers valuation methods only. In State Farm v. Berthelot (La. 1999), an insurer's subrogation suit against the at-fault driver, the Supreme Court analyzed the tort victim's own rights and held sales tax 'not a recoverable item of damages', reasoning that paying the pre-accident market value without sales tax makes the owner whole. Third-party total-loss claimants should therefore expect the at-fault insurer to refuse sales tax. R.S. 22:1892(F)(2) bars deducting sales tax when computing actual cash value, but it sits in a subsection on fire and extended-coverage losses, and its application to auto policies was not confirmed. Whether first-party 'actual cash value' includes tax and fees has been litigated in class actions, but no definitive appellate rule was found.", "citation": "La. R.S. 22:1892(B)(5), (F)(2); State Farm Mut. Auto. Ins. Co. v. Berthelot, 732 So. 2d 1230 (La. 1999)", "source_url": "https://static.case.law/so2d/732/cases/1230-01.json" }, "valuation_method_rules": { "summary": "When the insurer elects a cash settlement of a first-party total loss based on the cost of a comparable vehicle, it must use one of three methods: (a) a fair market value survey of qualified retail dealers in the local market area (or the nearest reasonable market); (b) the retail cost from a generally recognized used-vehicle industry source such as an electronic database (whose valuation documents must be provided to the first-party claimant) or a public guidebook; if the insured presents two independent appraisals based on measurable and discernible factors, including preloss condition, showing a higher local-market value, that local value is used; or (c) a qualified expert appraiser selected and agreed on by insured and insurer, who gives a written nonbinding appraisal of preloss actual cash value. 2025 La. Acts No. 500 (HB 437, eff. Aug. 1, 2025) amended the (B)(5) introductory paragraph and (b); reported changes broaden the qualifying data sources, and the two-appraisal rebuttal remains in the enrolled text.", "citation": "La. R.S. 22:1892(B)(5), as amended by 2025 La. Acts No. 500", "source_url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-22-sect-1892/" }, "claim_timelines": { "summary": "The insurer must start loss adjustment of a property damage claim within 14 days after notice (30 days for catastrophic losses, extendable by the commissioner); failing to do so carries a penalty of the greater of $5,000 or the Subsection I amount. It must make a written offer to settle any property damage claim, including a third-party claim, within 30 days after satisfactory proof of loss (the period in B(1)); pay first-party claims within 30 days after satisfactory proof of loss; and pay third-party property damage claims within 30 days after a written settlement agreement. Since Aug. 1, 2025, if a policy requires a commissioner-approved proof-of-loss form, the insurer must send it within 10 days of notice of the claim and tell the claimant within 10 days of receipt whether it is complete (R.S. 22:1892.3). Penalties for arbitrary, capricious or unjustified failure to pay or offer: 50% of the amount found due or $1,000, whichever is greater, plus proven economic damages, attorney fees and costs (B(1)). Breach of the good-faith duties in Subsection I brings penalties of up to 50% of damages or $5,000, whichever is greater, plus attorney fees and costs; that penalty language refers to 'the insured'. A third-party claimant left without a personal vehicle for more than 5 business days can recover reasonable alternative transportation costs (B(4)), with a penalty of up to 10% or $2,500, whichever is greater, if unpaid within 30 days of written proof and demand.", "citation": "La. R.S. 22:1892(A)(1)-(4), (B)(1), (B)(4), (I); La. R.S. 22:1892.3 (2025 La. Acts No. 500); 2024 La. Acts No. 3", "source_url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-22-sect-1892/", "deadlines": { "acknowledge": "14 days to start adjusting", "decide": "30 days after proof of loss", "decide_kind": "offer", "pay": "30 days after proof of loss", "late": "Penalty of 50% of the amount due or $1,000, whichever is greater, if the failure is arbitrary" } }, "consumer_can_reject_and_keep_negotiating": "Reject the offer in writing and demand the valuation documents (mandatory when a database such as CCC/Mitchell is used); submit two independent appraisals showing a higher local value; propose a mutually agreed appraiser under R.S. 22:1892(B)(5)(c) or invoke the policy appraisal clause; cite the R.S. 22:1892 penalties for arbitrary nonpayment; file a complaint with the Louisiana Department of Insurance; sue in court within the prescriptive period.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "By statute, when a third party's negligence damages a vehicle without destroying it, the owner may recover the diminution in value as additional damages if they prove by a preponderance that, even repaired to pre-loss condition, its fair market value would be less than before; total recovery is capped at the pre-loss fair market value. First-party: appellate courts held that once the insurer pays for full and adequate physical repair, it need not pay for reduced market value under 'repair or replace' policy language (Townsend; Campbell).", "citation": "La. R.S. 9:2800.17; Townsend v. State Farm Mut. Auto. Ins. Co., 793 So. 2d 473 (La. App. 2 Cir. 2001); Campbell v. Markel Am. Ins. Co., 822 So. 2d 617 (La. App. 1 Cir. 2001)", "source_url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-9-sect-2800-17/" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "La. Civ. Code art. 3493.1 (Acts 2024, No. 423, eff. July 1, 2024): 2-year liberative prescription for delictual actions; damage from events before July 1, 2024 falls under the former 1-year period", "source_url": "https://www.legis.la.gov/Legis/Law.aspx?d=1386443" }, "doi": { "name": "Louisiana Department of Insurance", "complaint_url": "https://www.ldi.la.gov/onlineservices/ConsumerComplaintForm", "phone": "800-259-5300 (toll-free consumer hotline); 225-342-5900 (main)" }, "confidence": "medium", "tl_caveats": [ "We used a copy of the Louisiana statutes labeled current as of January 1, 2023 that also includes later Subsection I material, so its exact currency is uncertain.", "We have not confirmed the exact wording of R.S. 22:1892(B)(5) after 2025 Act 500 (HB 437) or of R.S. 22:1892.3. Confirm whether the database valuation method still depends on giving you the valuation documents.", "Whether a claimant against the other driver's insurer can recover Subsection I penalties (the penalty clause refers to 'the insured'), and which Act created Subsection I, are unconfirmed.", "We found no controlling rule on sales tax, title or registration fees in a total loss on your own auto policy; whether R.S. 22:1892(F)(2) reaches auto policies is unconfirmed.", "A federal court reportedly said 'Louisiana Insurance Directive No. 18' governs total-loss valuation. We have not reviewed the directive.", "We could not recheck Civil Code art. 3493.1 (2-year deadline, Acts 2024 No. 423, for damage on or after July 1, 2024) against the official site." ], "dv_caveats": [ "We used a copy of the Louisiana statutes labeled current as of January 1, 2023 that also includes later Subsection I material, so its exact currency is uncertain.", "We could not recheck Civil Code art. 3493.1 (2-year deadline, Acts 2024 No. 423, for damage on or after July 1, 2024) against the official site.", "Townsend and Campbell are 2001 intermediate appellate decisions. We found no later Louisiana Supreme Court ruling on diminished value under your own policy." ], "vehicle_sales_tax": { "state_rate": 0.05, "summary": "5% state rate for sales on or after Jan 1, 2025 (Act 11 of 2024, 3rd Ex. Sess.; was 4.45%). Parish and municipal taxes are added based on the purchaser's domicile and collected through the dealer or OMV.", "source_url": "https://revenue.louisiana.gov/tax-education-and-faqs/faqs/sales-tax-reform/what-is-the-state-sales-tax-rate/", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "additional_sources": [ "https://dam.ldr.la.gov/lawspolicies/RIB%2025-007%20-%20State%20Sales%20Tax%20Rate.pdf" ] }, "slug": "louisiana", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/louisiana", "diminished_value": "https://fairmarkvalue.com/diminished-value/louisiana" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "ME", "name": "Maine", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "Maine sets no percentage: 'total loss' means a vehicle transferred to an insurer because of damage, destruction or theft, an insurer that declares a salvage vehicle must apply for a salvage certificate within 30 days of settlement, and the Bureau of Insurance states the Insurance Code does not require any particular method to determine when a vehicle is a total loss.", "citation": "29-A M.R.S. § 602 (definitions); 29-A M.R.S. § 667(1)(A); Maine Bureau of Insurance, 'Automobile - Making the Claims Process Easier' (Oct. 2016)", "source_url": "https://legislature.maine.gov/statutes/29-A/title29-Asec667.html", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "Every Maine motor vehicle casualty policy covering vehicles registered in Maine must cover the value of the sales tax credit that would have been available on trading in the vehicle at its highest book value at the time of loss. Bureau of Insurance Bulletin 194 (Oct. 21, 1991) states that when a covered total loss occurs and the insurer elects a cash settlement, the settlement must include sales tax, and that whether the insured intends to replace the property is irrelevant; the bulletin describes itself as informational only. No Maine provision requiring title or registration fees was found.", "citation": "24-A M.R.S. § 2907; Maine Bureau of Insurance Bulletin 194 (Oct. 21, 1991)", "source_url": "https://legislature.maine.gov/statutes/24-A/title24-Asec2907.html" }, "valuation_method_rules": { "summary": "The Code does not prescribe a valuation method; the owner is entitled to actual cash value (Bureau guide). If the insurer values the car using comparable vehicles, they must be located in Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island or New York and valued at their prices there, and comparables from other states may be used only after the insurer determines none are available in those states (added 2021). Insurers must promptly give an accurate written explanation of the basis for a claim denial or compromise offer and keep documented claim files supporting their decisions.", "citation": "24-A M.R.S. § 2910-B; 24-A M.R.S. § 2164-D(3)(D),(J)", "source_url": "https://legislature.maine.gov/statutes/24-A/title24-Asec2910-B.html" }, "claim_timelines": { "summary": "No fixed acknowledgment deadline: the insurer must acknowledge pertinent written communications with reasonable promptness, affirm or deny coverage within a reasonable time after completing its investigation, and provide claim forms within 15 calendar days of a request. A claim is payable within 30 days after proof of loss and ascertainment of the loss (by written agreement or an appraisal/arbitration award); a written request for reasonable additional information restarts a 30-day period. Undisputed overdue amounts bear interest at 1.5% per month, and attorney fees are owed if overdue benefits are recovered.", "citation": "24-A M.R.S. § 2164-D(3)(B),(F),(K); 24-A M.R.S. § 2436(1)-(4)", "source_url": "https://legislature.maine.gov/statutes/24-A/title24-Asec2436.html", "deadlines": { "acknowledge": null, "decide": null, "pay": "30 days after proof of loss and agreement on the amount", "late": "1.5% interest per month on overdue undisputed amounts" } }, "consumer_can_reject_and_keep_negotiating": "Dispute the valuation in writing and ask for the written basis of any compromise offer; if comparables come from outside New England/New York, cite 24-A § 2910-B; invoke the policy appraisal clause (the Bureau notes appraisal is available only against your own insurer); file a complaint with the Bureau of Insurance; an insured injured by their own insurer's unfair claims practices may sue under 24-A § 2436-A (damages, attorney fees, 1.5%/month interest); third-party disputes go to court (6-year limit).", "diminished_value": { "third_party": "unclear", "first_party": "generally_not", "summary": "Hall v. Acadia Ins. Co., 2002 ME 110, 801 A.2d 993: a collision policy limiting liability to the 'amount necessary to repair or replace' does not cover inherent diminished value, because loss of value is not something that can be repaired. Hall addressed only first-party policy language; no Maine Law Court decision on post-repair diminished value in third-party (tort) claims was found.", "citation": "Hall v. Acadia Ins. Co., 2002 ME 110, 801 A.2d 993", "source_url": "https://static.case.law/a2d/801/cases/0993-01.json" }, "statute_of_limitations_property_damage": { "years": 6, "citation": "14 M.R.S. § 752 (general 6-year limit for civil actions)", "source_url": "https://legislature.maine.gov/statutes/14/title14sec752.html" }, "doi": { "name": "Maine Bureau of Insurance", "complaint_url": "https://www.maine.gov/pfr/insurance/consumers/file-a-complaint-dispute", "phone": "800-300-5000 (in Maine); 207-624-8475" }, "confidence": "high", "tl_caveats": [ "We found no rule on reimbursing title or registration fees on a total loss.", "Bulletin 194 (1991) is informational and says it does not set legal rights. We have not confirmed that it reflects how the Bureau enforces claims today.", "We have not rechecked the Bureau's 2016 consumer guide ('Automobile - Making the Claims Process Easier') on total-loss methods and appraisal, and it predates 24-A § 2910-B (2021)." ], "dv_caveats": [ "We found no Maine appellate authority on third-party diminished value, either way." ], "vehicle_sales_tax": { "state_rate": 0.055, "summary": "5.5% state sales tax collected by Maine dealers (use tax on private or out-of-state purchases). A separate annual municipal excise tax is paid at registration, but it is not a sales tax. No local sales tax.", "source_url": "https://www.maine.gov/sos/bmv/vehicles/register-a-passenger-vehicle", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "maine", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/maine", "diminished_value": "https://fairmarkvalue.com/diminished-value/maine" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "MD", "name": "Maryland", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "For title purposes a vehicle is 'salvage' when the cost to repair it for highway operation exceeds 75% of its pre-damage fair market value (or an insurer acquires it in a claim settlement), excluding towing, storage, rental and cosmetic costs. The insurance regulation separately defines 'total loss' as repair cost (plus estimated hidden damage and anticipated rental) that equals or exceeds the actual cash value or a percentage of ACV set by the insurer, so the insurer may total a car below 75%.", "citation": "Md. Code, Transp. §§ 11-152, 13-506(c); COMAR 31.15.12.02B(9)", "source_url": "https://www.law.cornell.edu/regulations/maryland/COMAR-31-15-12-02", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "For any private passenger vehicle total loss (collision, comprehensive, liability property damage or UM property damage claims), the insurer's minimum cash settlement offer must add the applicable taxes and transfer fees (determined under the MVA's rules at COMAR 11.11.05) to the vehicle's retail value or dealer quote, regardless of whether the claimant keeps the salvage. The rule is not conditioned on buying a replacement.", "citation": "COMAR 31.15.12.01, 31.15.12.04A(2), B(2)", "source_url": "https://www.law.cornell.edu/regulations/maryland/COMAR-31-15-12-04" }, "valuation_method_rules": { "summary": "COMAR 31.15.12 (Valuation of Motor Vehicles, adopted under Ins. § 27-304.1) applies to first- and third-party total losses. The minimum cash offer, subject to applicable deductions, is either (A) the retail value of a 'substantially similar' vehicle from a nationally recognized valuation manual or a computerized database producing statistically valid fair market values, or (B) a quote from a qualified dealer at a location reasonably convenient to the claimant, in either case plus taxes and transfer fees. 'Substantially similar' means same make and model, same or newer year, at least the same major options, similar or better pre-loss condition, and mileage within the greater of 4,000 miles or 10% (mileage test waived for limited-production, specialty or over-10-model-year vehicles). The offer must state the amount and tell the claimant that on request the insurer will provide in writing: a copy of the offer, the valuation method and any books/manuals/databases used, a detailed calculation including options, a list of all deductions, and the inspection guidelines used to judge condition; the insurer must answer such a request within 7 business days. The claimant may reject in writing and counteroffer using dealer quotes, advertisements or any other valuation source; if the insurer rejects the counteroffer it must explain in writing, within 5 business days and in clear language, why the claimant's information is not a more accurate valuation. If the policy allows replacement, the replacement must be substantially similar, immediately available and paid for by the insurer less any deductible.", "citation": "COMAR 31.15.12.01-.07; Md. Code, Ins. §§ 27-303, 27-304, 27-304.1", "source_url": "https://www.law.cornell.edu/regulations/maryland/COMAR-31-15-12-05" }, "claim_timelines": { "summary": "Total loss: within 10 business days after determining a first-party total loss, the insurer must make a cash offer (or replace the car if the policy allows); for an unrecovered theft, the later of 30 days after notice or the policy period; for a third-party total loss, a cash offer within 10 days after the total-loss determination. These deadlines do not apply when there is a good-faith coverage dispute or factors beyond the insurer's control (including limited-production, specialty or over-10-model-year vehicles). General claims rules: acknowledge notice of claim within 15 working days (unless paid), reply to written communications within 15 working days, affirm or deny coverage within 15 working days after receiving completed claim forms or proof of loss; if a first-party investigation is not finished within 45 days of notice, notify the claimant in writing of the reason and repeat every 45 days.", "citation": "COMAR 31.15.12.03; COMAR 31.15.07.03B, 31.15.07.04B-C", "source_url": "https://www.law.cornell.edu/regulations/maryland/COMAR-31-15-12-03", "deadlines": { "acknowledge": "15 working days", "decide": "15 working days after the insurer receives the claim forms or proof of loss", "total_loss_offer": "10 business days after the insurer decides the car is a total loss", "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Request in writing the valuation method, databases, detailed calculation, deduction list and inspection guidelines (insurer must respond within 7 business days, COMAR 31.15.12.05); reject the offer in writing and counteroffer with dealer quotes or ads for substantially similar vehicles, which obliges the insurer to explain any rejection in writing within 5 business days (COMAR 31.15.12.06); insist on taxes and transfer fees (COMAR 31.15.12.04); use the policy appraisal clause if present; file a complaint with the Maryland Insurance Administration. A first-party bad-faith claim under Ins. § 27-1001 must generally be filed with the MIA first (small claims within District Court small-claim jurisdiction are exempt). Sue the at-fault driver for third-party damage within 3 years.", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Fred Frederick Motors, Inc. v. Krause (Md. Ct. Spec. App. 1971): if the plaintiff proves the repaired vehicle has a diminished market value from the accident, he can recover that diminution in addition to repair costs, provided the two together do not exceed the diminution in value before repairs (applying Taylor v. King, 241 Md. 50). No Maryland appellate decision on diminished value under one's own policy was found.", "citation": "Fred Frederick Motors, Inc. v. Krause, 12 Md. App. 62 (1971)", "source_url": "https://static.case.law/md-app/12/cases/0062-01.json" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Md. Code, Cts. & Jud. Proc. § 5-101", "source_url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj§ion=5-101&enactments=false" }, "doi": { "name": "Maryland Insurance Administration", "complaint_url": "https://insurance.maryland.gov/Consumer/Pages/FileAComplaint.aspx", "phone": "800-492-6116; 410-468-2340 (Property & Casualty complaint line)" }, "confidence": "high", "tl_caveats": [ "We used COMAR 31.15.12 as published by Cornell's Legal Information Institute and have not checked it against the official COMAR. We saw the Insurance Administration's bulletin on taxes and transfer fees only in excerpts.", "We could not open the Maryland Insurance Administration site to confirm the complaint page and phone numbers. Call 800-492-6116 to confirm before you file." ], "dv_caveats": [ "We found no appellate authority on diminished value under a Maryland policy (first-party).", "We could not open the Maryland Insurance Administration site to confirm the complaint page and phone numbers. Call 800-492-6116 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.065, "summary": "6.5% vehicle excise (titling) tax on most vehicles since July 1, 2025 (was 6%). Vehicles 7 or more model years old are taxed on the greater of price or $640, so the minimum tax is $41.60. No local add-on.", "source_url": "https://mva.maryland.gov/title-registration/fees-payment-options/excise-tax", "tax_type": "excise_titling_tax", "local_rates_add": false, "cap": "Minimum $41.60", "confidence": "medium", "additional_sources": [ "https://mva.maryland.gov/your-mva-guide/businesses/bulletins-businesses/taxable-price" ] }, "slug": "maryland", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/maryland", "diminished_value": "https://fairmarkvalue.com/diminished-value/maryland" }, "fees_first_party": "required", "sales_tax_third_party": "required" }, { "code": "MA", "name": "Massachusetts", "total_loss_threshold": { "type": "tlf", "percent": null, "summary": "An insurer may deem a vehicle a total loss when the appraised cost of repair plus estimated salvage value may reasonably be expected to exceed its actual cash value; a total loss may not be determined by any percentage formula, and the car must first be inspected or appraised by a licensed appraiser (and may not be moved to a holding area without the owner's consent).", "citation": "212 CMR 2.04(1)(f); 211 CMR 133.05", "source_url": "https://www.law.cornell.edu/regulations/massachusetts/212-CMR-2-04", "governs": "insurer" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Massachusetts statute or regulation requiring sales tax or title/registration fees in a first-party total-loss payment was found; the 211 CMR 133.05 ACV factors are silent. In a third-party claim under the standard policy's property damage part ('damages include any applicable sales tax'), the Appeals Court held that a claimant who keeps the car as salvage must prove sales tax was paid on a replacement before the insurer owes it (Ramirez, 2017). A Superior Court decision (Konsevick, 2021, not binding) held title, registration and inspection fees are not part of a vehicle's actual cash value.", "citation": "211 CMR 133.05; Ramirez v. Commerce Ins. Co., 91 Mass. App. Ct. 144 (2017); Konsevick v. Plymouth Rock Assurance Corp., 2021 Mass. Super. LEXIS 20", "source_url": "https://insurancecoveragemassachusetts.blogspot.com/2017/03/massachusetts-appeals-court-holds-that.html" }, "valuation_method_rules": { "summary": "Actual cash value must be based on all of: (a) retail book value for a vehicle of like kind and quality; (b) the price paid plus prior improvements, less appropriate depreciation; (c) any decrease in value from prior unrelated damage found by the appraiser; and (d) the actual cost to buy an available vehicle of like kind and quality. A licensed appraiser must complete a total loss report on a form filed with the Division of Insurance. If the owner keeps the car, salvage value is the average of bids from two geographically convenient licensed salvage companies, and the owner must be given the bidders' names and addresses, bid amounts and offer expiration dates. With the insurer's consent the owner may keep and repair a total-loss car (insurer pays ACV minus salvage; salvage title required). Violations are unfair practices under G.L. c. 176D, and c. 93A remedies are preserved.", "citation": "211 CMR 133.05, 133.06, 133.08", "source_url": "https://www.law.cornell.edu/regulations/massachusetts/211-CMR-133-05" }, "claim_timelines": { "summary": "The insurer must assign an appraiser within 2 business days of receiving a damage claim (claims under $1,500 net of deductible may be excluded); the completed appraisal is due within 5 business days of assignment; supplemental inspections occur within 3 business days of a request. No numeric acknowledge/accept/pay deadline was found; G.L. c. 176D, § 3(9) prohibits failing to acknowledge and act reasonably promptly on claim communications and failing to effectuate prompt, fair and equitable settlements once liability is reasonably clear.", "citation": "212 CMR 2.04(1); G.L. c. 176D, § 3(9)", "source_url": "https://www.law.cornell.edu/regulations/massachusetts/212-CMR-2-04", "deadlines": { "acknowledge": "Appraiser assigned within 2 business days", "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Dispute in writing citing the four 211 CMR 133.05 factors and request the total loss report and salvage bids; use the policy appraisal provision for amount-of-loss disputes with your own insurer; file a complaint with the Division of Insurance; send a G.L. c. 93A demand letter, since violations of 211 CMR 133.00 are c. 176D unfair practices. For third-party damage, claim against the at-fault driver's insurer within 3 years; under the 2016 standard policy that insurer does not owe inherent diminished value, which must be pursued against the at-fault driver personally with individualized proof.", "diminished_value": { "third_party": "limited", "first_party": "generally_not", "summary": "McGilloway v. Safety Ins. Co. (SJC 2021) held that Part 4 of the 2008 standard Massachusetts policy covers a third party's inherent diminished value (IDV), proved with individualized evidence. Cubberley v. Commerce Ins. Co. (SJC Jan. 30, 2025) held that Part 4 of the 2016 standard policy validly excludes 'any decreased value or intangible loss', so the at-fault driver's insurer need not pay IDV; the court noted the at-fault driver may still be personally liable in tort, and a third-party claimant must obtain a final judgment against the insured before suing the insurer. Given v. Commerce Ins. Co. (SJC 2003): collision coverage does not pay the insured's own IDV.", "citation": "Cubberley v. Commerce Ins. Co., SJC-13563 (Mass. Jan. 30, 2025); McGilloway v. Safety Ins. Co., 488 Mass. 610 (2021); Given v. Commerce Ins. Co., 440 Mass. 207 (2003)", "source_url": "https://www.repairerdrivennews.com/wp-content/uploads/2025/02/IDV_Mass.pdf" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "G.L. c. 260, § 2A (tort actions)", "source_url": "https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleV/Chapter260/Section2A" }, "doi": { "name": "Massachusetts Division of Insurance", "complaint_url": "https://www.mass.gov/how-to/filing-an-insurance-complaint", "phone": "877-563-4467 (toll-free); 617-521-7794" }, "confidence": "medium", "tl_caveats": [ "Whether Part 7 of the 2016 standard policy owes sales tax on a total loss (with or without buying a replacement) is unconfirmed. Ramirez is sourced only to a law blog, and Konsevick is a trial-court decision known only from a trade-press summary.", "We could not recheck G.L. c. 176D, § 3(9) and c. 260, § 2A against the official site.", "Given v. Commerce interpreted the 6th edition of the standard policy. Confirm the current collision wording and appraisal clause." ], "dv_caveats": [ "We have not reviewed the Cubberley opinion (SJC-13563, decided January 30, 2025) in full. Check which edition of the standard policy (2016 or later) applies to your claim.", "We could not recheck G.L. c. 176D, § 3(9) and c. 260, § 2A against the official site." ], "vehicle_sales_tax": { "state_rate": 0.0625, "summary": "6.25% on the dealer sale price, less a qualifying trade-in; paid through the RMV at registration. No local sales tax.", "source_url": "https://www.mass.gov/guides/motor-vehicle-and-trailer-sales-and-use-tax", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "massachusetts", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/massachusetts", "diminished_value": "https://fairmarkvalue.com/diminished-value/massachusetts" }, "fees_first_party": "not_stated", "sales_tax_third_party": "unclear" }, { "code": "MI", "name": "Michigan", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "For late-model vehicles paid as insurance claims, Michigan title law requires a salvage title when the repair estimate is at least 75% but less than 91% of pre-damage actual cash value and a scrap title at 91% or more; this governs title branding rather than when an insurer must total a car.", "citation": "MCL 257.217c(2)", "source_url": "https://codes.findlaw.com/mi/chapter-257-motor-vehicles/mi-comp-laws-257-217c.html", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Michigan Insurance Code provision or rule requiring sales tax, title or registration fees in a first-party total-loss settlement was found; check the policy's valuation terms.", "citation": "None found (MCL 500.2006 and 500.2026 are silent)", "source_url": "https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-2026.html" }, "valuation_method_rules": { "summary": "No Michigan statute or rule prescribing total-loss valuation methods was found. For title purposes, MCL 257.217c defines actual cash value as retail value determined by an objective evaluation using local market resources, an independent appraisal service, or a recognized used-vehicle guide. If done as a persistent course of conduct, it is an unfair practice to fail to make prompt, fair and equitable settlements when liability is reasonably clear, to force insureds to sue by offering substantially less than is owed, or to fail to promptly explain the policy basis for a denial or compromise offer.", "citation": "MCL 257.217c(27); MCL 500.2026(1)(f),(g),(n)", "source_url": "https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-2026.html" }, "claim_timelines": { "summary": "The insurer must specify in writing the materials that make up a satisfactory proof of loss, generally within 30 days of receiving the claim (unless it settles first). A claim is timely if paid within 60 days after proof of loss; later payments to insureds accrue 12% simple annual interest. Third-party tort claimants get that interest only if liability is not reasonably in dispute and a court finds the insurer refused payment in bad faith. Communications must be acknowledged and acted on with reasonable promptness (no fixed day count).", "citation": "MCL 500.2006(1),(3),(4); MCL 500.2026(1)(b),(e)", "source_url": "https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-2006.html", "deadlines": { "acknowledge": null, "decide": null, "pay": "60 days after proof of loss", "late": "12% simple annual interest" } }, "consumer_can_reject_and_keep_negotiating": "Dispute your own insurer's valuation in writing and invoke the policy appraisal clause if present; demand 12% penalty interest under MCL 500.2006 when payment is late; file a complaint with DIFS. Against the at-fault driver, Michigan no-fault limits vehicle-damage claims to the 'mini-tort': up to $3,000 for accidents after July 1, 2020, for damage not covered by insurance, usually pursued in small claims within 3 years.", "diminished_value": { "third_party": "limited", "first_party": "generally_not", "summary": "Under no-fault, tort liability for vehicle damage is abolished except for the mini-tort: up to $3,000 (accidents after July 1, 2020; $1,000 before) for damage not covered by insurance. Any third-party DV recovery therefore falls within that cap, and no Michigan appellate decision confirming DV under the mini-tort was found. First-party: Driscoll v. State Farm (E.D. Mich. 2002) held 'repair or replace' policies limiting coverage to the lesser of ACV or repair cost do not require payment of diminished value.", "citation": "MCL 500.3135(3)(e); Driscoll v. State Farm Mut. Auto. Ins. Co., 227 F. Supp. 2d 696 (E.D. Mich. 2002)", "source_url": "https://codes.findlaw.com/mi/chapter-500-insurance-code-of-1956/mi-comp-laws-500-3135.html" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "MCL 600.5805(2)", "source_url": "https://codes.findlaw.com/mi/chapter-600-revised-judicature-act-of-1961/mi-comp-laws-600-5805.html" }, "doi": { "name": "Michigan Department of Insurance and Financial Services (DIFS)", "complaint_url": "https://www.michigan.gov/difs/consumers/complaint", "phone": "877-999-6442" }, "confidence": "medium", "tl_caveats": [ "We used a copy of the Michigan statutes current as of January 1, 2025, so 2025-2026 amendments are not checked.", "We found no confirmed rule on sales tax or title fees for a total loss on your own policy." ], "dv_caveats": [ "We used a copy of the Michigan statutes current as of January 1, 2025, so 2025-2026 amendments are not checked.", "We found no controlling authority on whether diminished value can be claimed within Michigan's $3,000 mini-tort.", "Driscoll is a federal district court decision. We found no Michigan appellate ruling on diminished value under your own policy." ], "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% state sales tax collected by the dealer. The trade-in credit is capped ($12,000 for 2026). No local sales tax.", "source_url": "https://www.michigan.gov/sos/vehicle/ownership", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high", "additional_sources": [ "https://www.michigan.gov/taxes/-/media/Project/Websites/taxes/Forms/SUW/TY2026/485_11-25.pdf" ] }, "slug": "michigan", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/michigan", "diminished_value": "https://fairmarkvalue.com/diminished-value/michigan" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "MN", "name": "Minnesota", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "Minnesota sets no percentage for insurers: any vehicle an insurer acquires through payment of damages must get a 'salvage' (late-model or high-value) or 'prior salvage' title brand. The 80%-of-actual-cash-value figure applies to self-insured owners and to seller damage disclosures, not to insurer total-loss decisions.", "citation": "Minn. Stat. § 168A.151, subd. 1; Minn. Stat. § 325F.6641", "source_url": "https://www.revisor.mn.gov/statutes/cite/168A.151", "governs": "none", "non_insurer_percent": 80 }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "For total losses settled on actual cash value or like-kind replacement (non-dealer insureds), the insurer must offer either (a) a comparable available replacement vehicle with all applicable taxes, license fees (at least pro rata for the unexpired license term) and title-transfer fees paid, at no cost beyond the deductible, or (b) a cash settlement based on the actual cost to buy a comparable vehicle, including those same taxes and fees, less the deductible. The statute does not condition taxes or fees on buying a replacement. Separately, subd. 5(7) makes it an unfair practice to settle an actual-cash-value claim for less than the pre-loss value of the property 'including all applicable taxes and license fees' (capped at the amount of insurance).", "citation": "Minn. Stat. § 72A.201, subd. 6(1)(a)-(b); subd. 5(7)", "source_url": "https://www.revisor.mn.gov/statutes/cite/72A.201" }, "valuation_method_rules": { "summary": "Cost must be set by (i) a comparable vehicle in the insured's local market area, adjusted for mileage, condition and options, if one is available there; or (ii) if not, one of two or more quotations from two or more qualified sources in the local market area, and the insured must receive the information in all quotations before settlement. (iii) Any deviation must be documented and justified in detail, and the basis of the offer must be explained to the insured. Also: inspect within 5 business days if the vehicle cannot be safely driven (otherwise 15 days); no unreasonable travel to inspect a replacement; every payment or offer must explain what it is for.", "citation": "Minn. Stat. § 72A.201, subd. 5(1), subd. 6(1)(b)(i)-(iii), 6(3), 6(4)", "source_url": "https://www.revisor.mn.gov/statutes/cite/72A.201" }, "claim_timelines": { "summary": "Acknowledge the claim within 10 business days (including a representative's phone number) and provide claim forms; reply to other communications within 10 business days; accept or deny within 30 business days after notice of claim, or explain why the investigation is incomplete and give an expected completion date; advise the insured of acceptance or denial within 60 business days after a properly executed proof of loss, with any denial in writing citing the specific policy provision; pay agreed amounts within 5 business days of receiving the agreement or the claimant's performance of its conditions, whichever is later.", "citation": "Minn. Stat. § 72A.201, subd. 4(1)-(3), 4(11); subd. 5(5)", "source_url": "https://www.revisor.mn.gov/statutes/cite/72A.201", "deadlines": { "acknowledge": "10 business days", "decide": "60 business days after proof of loss", "pay": "5 business days after agreement" } }, "consumer_can_reject_and_keep_negotiating": "Reject the offer in writing and request the comparable/quotation information and the detailed justification required by § 72A.201, subd. 6(1); invoke the policy appraisal clause if present; file a complaint with the Minnesota Department of Commerce; claims against the at-fault driver have a 6-year limit and smaller ones can go to conciliation court. On third-party claims with reasonably clear liability, the insurer must tell you that you may claim loss of use (subd. 6(8)).", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "Minn. Stat. § 72A.201 does not address diminished value, and no published modern Minnesota appellate decision on inherent diminished value was verified. In Carolla v. American Family (Minn. Ct. App. 2003, unpublished, A03-0021), a district court had held the insurer's policy covered diminished value, but the appeals court did not decide that question.", "citation": "Carolla v. Am. Family Mut. Ins. Co., No. A03-0021 (Minn. Ct. App. Sept. 9, 2003) (unpublished)", "source_url": "https://mn.gov/web/prod/static/lawlib/live/archive/ctapun/0309/op030021-0909.htm" }, "statute_of_limitations_property_damage": { "years": 6, "citation": "Minn. Stat. § 541.05, subd. 1(4) (taking, detaining, or injuring personal property)", "source_url": "https://www.revisor.mn.gov/statutes/cite/541.05" }, "doi": { "name": "Minnesota Department of Commerce", "complaint_url": "https://mn.gov/commerce/consumers/file-a-complaint/", "phone": "651-539-1600; 800-657-3602" }, "confidence": "high", "tl_caveats": [ "The Commerce Department complaint page exists and the phone numbers appear in the site footer, but we could not open the page itself. Call 651-539-1600 to confirm before you file." ], "dv_caveats": [ "We found no controlling Minnesota appellate authority on diminished value, first-party or third-party. Secondary sources cite Ciresi v. Globe & Rutgers Fire Ins. Co. (1932) and Nichols v. Cimbura (unpublished, 2016); we have not reviewed them, and could not recheck Carolla.", "The Commerce Department complaint page exists and the phone numbers appear in the site footer, but we could not open the page itself. Call 651-539-1600 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.06875, "summary": "6.875% motor vehicle sales tax since July 1, 2023 (was 6.5%). Local sales tax doesn't apply, but some cities and counties add a flat $20 vehicle excise tax. A $10 in-lieu tax applies to vehicles 10+ years old and under $3,000.", "source_url": "https://www.revenue.state.mn.us/guide/motor-vehicle-sales", "tax_type": "motor_vehicle_sales_tax", "local_rates_add": "flat $20 local excise in some areas", "cap": null, "confidence": "high" }, "slug": "minnesota", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/minnesota", "diminished_value": "https://fairmarkvalue.com/diminished-value/minnesota" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "MS", "name": "Mississippi", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "Mississippi sets no percentage: a 'salvage vehicle' is one an insurer obtains from the owner after paying a total loss claim (collision, fire, flood, hail, theft, etc.), excluding vehicles 10 or more years old worth $1,500 or less and damage needing replacement or repair of five or fewer minor component parts; the total-loss decision is otherwise the insurer's under the policy.", "citation": "Miss. Code Ann. § 63-21-5 (salvage vehicle definition, as summarized by the Department of Revenue); § 63-21-39", "source_url": "https://dor.ms.gov/motor-vehicle/salvage-vehicles", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Mississippi statute or Insurance Department regulation was found that requires sales tax, title or registration fees in a first-party total-loss payment; check the policy's actual cash value terms.", "citation": "None found", "source_url": "https://www.law.cornell.edu/regulations/mississippi/title-19/part-4" }, "valuation_method_rules": { "summary": "No Mississippi statute or Insurance Department regulation prescribing total-loss valuation methods (comparables, dealer quotes, deductions) was found, and practitioner surveys report that Mississippi has not adopted the NAIC Unfair Claims Settlement Practices Act. Valuation follows the policy (typically actual cash value), general contract law and Mississippi bad-faith case law.", "citation": "19 Miss. Admin. Code Pts. 1, 4 and 5 (chapter lists reviewed on Cornell LII; no claims-handling or valuation rule); Miss. Code Ann. §§ 83-5-29 to 83-5-51 (general unfair trade practices)", "source_url": "https://www.law.cornell.edu/regulations/mississippi/title-19/part-4" }, "claim_timelines": { "summary": "No statute or regulation setting acknowledge, accept/deny or payment deadlines for auto physical damage claims was found. The 15-day claim-form and 25/35-day clean-claim payment deadlines in Miss. Code § 83-9-5 belong to the accident and health insurance chapter and do not govern auto claims. Timing is governed by the policy and Mississippi bad-faith case law.", "citation": "None found for auto; Miss. Code Ann. § 83-9-5 (health insurance only)", "source_url": "https://www.robinskaplan.com/newsroom/insights/claims-handling-practices-mississippi", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Reject the offer in writing with your own comparables and repair or valuation evidence; invoke the policy appraisal clause if present; request assistance or file a complaint with the Mississippi Insurance Department; for diminished value, claim against the at-fault driver (check your own policy for a diminished-value exclusion before claiming under UM); sue within the 3-year general limitations period.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Tort: in Ishee v. Dukes Ford Co. (Miss. 1980), involving a dealer's inventory car, the court said the cost of repair may be recovered plus the remaining diminution in pre-tort value after repairs, but for one holding property for sale (not personal use) repair cost may not exceed the total diminution in value; it cited Calvert Fire Ins. Co. v. Newman (Miss. 1960). First-party: the Fifth Circuit, applying Mississippi law, held that a 'repair or replace' collision limit does not cover diminished value (Blakely v. State Farm, 2005). In Watkins v. Allstate (2024), it held that an uninsured-motorist policy exclusion of 'any decrease in the property's value' is valid because there is no 'legislative or judicial pronouncement' requiring diminished-value coverage.", "citation": "Ishee v. Dukes Ford Co., 380 So. 2d 760 (Miss. 1980); Calvert Fire Ins. Co. v. Newman, 240 Miss. 10, 124 So. 2d 686 (1960); Blakely v. State Farm Mut. Auto. Ins. Co., 406 F.3d 747 (5th Cir. 2005); Watkins v. Allstate Prop. & Cas. Ins. Co., No. 23-60141 (5th Cir. Jan. 12, 2024)", "source_url": "https://www.ca5.uscourts.gov/Opinions/pub/23/23-60141.0.pdf" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Miss. Code Ann. § 15-1-49(1) (general 3-year limit)", "source_url": "https://codes.findlaw.com/ms/title-15-limitations-of-actions-and-prevention-of-frauds/ms-code-sect-15-1-49.html" }, "doi": { "name": "Mississippi Insurance Department", "complaint_url": "https://www.mid.ms.gov/mississippi-insurance-department/consumers/file-a-complaint/file-company-complaint/", "phone": "800-562-2957 (Consumer Help Line); 601-359-2453" }, "confidence": "medium", "tl_caveats": [ "We took the salvage-vehicle definition from the Department of Revenue's summary page, not the official text of § 63-21-5.", "That Mississippi has no auto claims-handling statute rests on a 2019 practitioner survey (Robins Kaplan) and a review of the Department's regulations. We have not checked the scope of Miss. Code § 83-5-45, which some firms cite as an unfair claims provision.", "We found no rule on sales tax or title fees for a total loss on your own policy.", "We could not recheck § 15-1-49 (3 years) against the official code text." ], "dv_caveats": [ "The clearest Mississippi Supreme Court statement on third-party diminished value (Ishee) involved a dealer holding the car for sale. Watkins notes the plaintiff relied on Potomac Ins. Co. v. Wilkinson, 57 So. 2d 158 (Miss. 1952), which we have not reviewed. We found no modern appellate decision for a personal-use car.", "We could not recheck § 15-1-49 (3 years) against the official code text." ], "vehicle_sales_tax": { "state_rate": 0.05, "summary": "5% rate for automobiles and light trucks (10,000 lb or less) on the net price after discounts and trade-in (the general rate is 7%). Whether city levies (Jackson, Tupelo) apply to vehicles is unclear.", "source_url": "https://www.dor.ms.gov/business/sales-use-tax/sales-tax-rates", "tax_type": "sales_tax", "local_rates_add": "unclear", "cap": null, "confidence": "high", "additional_sources": [ "https://www.dor.ms.gov/motor-vehicle/motor-vehicle-frequently-asked-questions" ] }, "slug": "mississippi", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/mississippi", "diminished_value": "https://fairmarkvalue.com/diminished-value/mississippi" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "MO", "name": "Missouri", "total_loss_threshold": { "type": "percent", "percent": 80, "summary": "Missouri's title law treats a vehicle as a 'salvage motor vehicle' when the estimated repair cost is 80% or more of its fair market value just before the damage. Missouri DOR Form 5043 (Notice of Vehicle Titling Requirements, sent by insurers under RSMo 301.020) states the test as a vehicle 'less than seven years old at the time of damage' whose damage 'exceeds 80 percent of the pre-damaged fair market value'. This is a salvage-title test, not a limit on when an insurer may total a car. Items reportedly excluded from repair cost under RSMo 301.010 (airbags, tires, sound systems) were not confirmed in the statute text.", "citation": "RSMo § 301.010 (definition of 'salvage motor vehicle'; official text not confirmed); RSMo § 301.020; DOR Form 5043", "source_url": "https://revisor.mo.gov/main/OneSection.aspx?section=301.010", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "not_required", "summary": "No Missouri statute or DCI regulation found requiring insurers to add sales tax, title or registration fees to a first-party total-loss payment (20 CSR 100-1.050 is silent). Missouri instead gives the owner a sales-tax credit: if a replacement is bought or contracted for after the loss and no later than 180 days after the total-loss payment, the insurance payoff plus any deductible is offset against the replacement price, and tax is paid only on the difference; the offset applies to one replacement vehicle (12 CSR 10-103.350(3)(H); example at (4)(C) allows a refund if tax was already paid). Where an insurer uses this RSMo 144.027 credit procedure, its claim file must contain the 144.027 certification of the insurance proceeds and deductible (20 CSR 100-8.040(3)(B)3).", "citation": "RSMo § 144.027 (official text not confirmed); 12 CSR 10-103.350(3)(H), (4)(C); 20 CSR 100-8.040(3)(B)3; 20 CSR 100-1.050", "source_url": "https://www.law.cornell.edu/regulations/missouri/12-CSR-10-103-350", "replacement_credit_days": 180 }, "valuation_method_rules": { "summary": "Missouri has no fixed comparable-vehicle formula like CA or NY. Insurers may not make a claimant travel unreasonably to inspect a replacement vehicle (20 CSR 100-1.050(2)(B)). When a claim is reduced for betterment or depreciation, all information for the reduction must be in the claim file, and the reductions must be 'itemized and appropriate in amount' ((2)(E)). Claim files must be clear enough that events and dates can be reconstructed, including work papers (20 CSR 100-8.040(3)(B)). Unconfirmed (known only from trade-press summaries; we could not open the official text): DCI Insurance Bulletin 26-04, 'Vehicle Valuation Software' (Mar. 17, 2026), reportedly non-binding guidance warning that relying on valuation software alone may not satisfy RSMo 375.1007, and telling insurers to apply actual trim/options, consider aftermarket upgrades, avoid double deductions (e.g., wear and tear counted twice), credit above-average condition, itemize and explain every condition/betterment/depreciation adjustment, keep software inputs auditable, and not change values through haggling.", "citation": "20 CSR 100-1.050(2)(B), (2)(E); 20 CSR 100-8.040(3)(B); RSMo § 375.1007; DCI Insurance Bulletin 26-04 (Mar. 17, 2026) (unverified)", "source_url": "https://www.law.cornell.edu/regulations/missouri/20-CSR-100-1-050" }, "claim_timelines": { "summary": "Acknowledge a first-party claim (or pay it) within 10 working days, and reply to claimant communications within 10 working days (20 CSR 100-1.030). Complete the investigation within 30 days of notice unless it cannot reasonably be done (20 CSR 100-1.050(4)). Accept or deny a first-party claim within 15 working days after all forms needed to establish the claim are submitted, with any denial in writing (1.050(1)(A)). If more time is needed, the insurer must say so within that period and send a status letter every 45 days (1.050(1)(C)). Insurers must give 30 days' (first-party) or 60 days' (third-party) written notice before a limitations period or policy time limit expires for an unrepresented claimant (1.050(1)(E)). No general payment-after-agreement deadline was found in these rules.", "citation": "20 CSR 100-1.030; 20 CSR 100-1.050(1)(A), (1)(C), (1)(E), (4)", "source_url": "https://www.law.cornell.edu/regulations/missouri/20-CSR-100-1-030", "deadlines": { "acknowledge": "10 working days", "decide": "15 working days after the claim forms are in", "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Yes. Send a written dispute with your own comparables and cite 20 CSR 100-1.050(2)(E) (itemized deductions, appropriate in amount, documented in the claim file). Invoke the policy's appraisal clause if it has one. File a complaint with the Missouri DCI (800-726-7390). Sue in small claims or circuit court. On first-party collision or comprehensive claims, RSMo 375.420 lets a court or jury add vexatious-refusal damages 'not to exceed' 20% of the first $1,500 of the loss and 10% of the loss above $1,500, plus a reasonable attorney's fee, when the insurer refused to pay without reasonable cause or excuse. The statute excludes automobile liability insurance, so it does not help third-party claims (text as quoted in Dhyne v. State Farm Fire & Cas. Co., 188 S.W.3d 454 (Mo. 2006)).", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: Missouri tort law generally measures collision damage by the before/after-collision drop in market value, but also allows recovery of the cost of repairs plus the difference between pre-collision value and value after repair; recovering both repair cost and the full before/after-collision difference would be a double recovery (Rook v. John F. Oliver Trucking Co., 556 S.W.2d 200 (Mo. Ct. App. 1977), affirming a $1,500 diminished-market-value award measured after repairs). Hood v. M.F.A. Mut. Ins. Co., 379 S.W.2d 806 (Mo. Ct. App. 1964) states only the general before/after-accident measure. First-party: inherent diminished value is not covered under the standard collision policy wording at issue (Spellman v. Sentry Ins., 66 S.W.3d 74 (Mo. Ct. App. 2001); Camden v. State Farm Mut. Auto. Ins. Co., 66 S.W.3d 78 (Mo. Ct. App. 2001); Lupo v. Shelter Mut. Ins. Co., 70 S.W.3d 16 (Mo. Ct. App. 2002), holding the policy unambiguous and liability capped at ACV or cost to repair/replace). Narrow exception: if the insurer undertakes repairs and falls short of substantial restoration of function, appearance and value, the insured may recover the value difference (Williams v. Farm Bureau Mut. Ins. Co., 299 S.W.2d 587 (Mo. Ct. App. 1957)).", "citation": "Rook v. John F. Oliver Trucking Co., 556 S.W.2d 200 (Mo. Ct. App. 1977); Spellman v. Sentry Ins., 66 S.W.3d 74 (Mo. Ct. App. 2001); Camden v. State Farm, 66 S.W.3d 78 (Mo. Ct. App. 2001); Lupo v. Shelter Mut. Ins. Co., 70 S.W.3d 16 (Mo. Ct. App. 2002); Williams v. Farm Bureau Mut. Ins. Co., 299 S.W.2d 587 (Mo. Ct. App. 1957)", "source_url": "https://static.case.law/sw2d/556/cases/0200-01.json" }, "statute_of_limitations_property_damage": { "years": 5, "citation": "RSMo § 516.120(4) (actions for taking, detaining or injuring goods or chattels)", "source_url": "https://revisor.mo.gov/main/OneSection.aspx?section=516.120" }, "doi": { "name": "Missouri Department of Commerce and Insurance", "complaint_url": "https://insurance.mo.gov/consumers/complaints/", "phone": "800-726-7390" }, "confidence": "medium", "tl_caveats": [ "We could not read the current official texts of RSMo 301.010, 144.027, 516.120 and 375.420. The 80% figure and the 'less than seven years old' test come from the Department of Revenue's Form 5043. The repair items excluded from the test and the exact subsection of 301.010 are unconfirmed.", "We could not open DCI Bulletin 26-04 (insurance.mo.gov/media/29621). What it says comes only from trade-press summaries (Insurance Business, March 23, 2026; PropertyCasualty360 FC&S, March 18, 2026). Treat it as unconfirmed until the official text is checked.", "We could not check the 2026 bills to shorten the 5-year deadline in RSMo 516.120 (HB 1664, HB 2182). HB 1664 was reported stalled in the Senate (KY3, May 13, 2026). Any act from the 2026 session would normally have taken effect August 28, 2026, so check the official revisor site for the current deadline.", "We confirmed the RSMo 375.420 percentages only as quoted in Dhyne v. State Farm (Mo. 2006); a later amendment is not ruled out.", "We could not confirm the Department of Commerce and Insurance complaint page or recheck the 800-726-7390 number on an official page. Call to confirm before you file." ], "dv_caveats": [ "We could not read the current official texts of RSMo 301.010, 144.027, 516.120 and 375.420. The 80% figure and the 'less than seven years old' test come from the Department of Revenue's Form 5043. The repair items excluded from the test and the exact subsection of 301.010 are unconfirmed.", "We could not check the 2026 bills to shorten the 5-year deadline in RSMo 516.120 (HB 1664, HB 2182). HB 1664 was reported stalled in the Senate (KY3, May 13, 2026). Any act from the 2026 session would normally have taken effect August 28, 2026, so check the official revisor site for the current deadline.", "We could not confirm the Department of Commerce and Insurance complaint page or recheck the 800-726-7390 number on an official page. Call to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.04225, "summary": "4.225% state rate plus local sales tax of the buyer's city and county of residence, on the price less trade-in. Paid at titling.", "source_url": "https://dor.mo.gov/motor-vehicle/titling-registration/buying-vehicle.html", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "missouri", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/missouri", "diminished_value": "https://fairmarkvalue.com/diminished-value/missouri" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "MT", "name": "Montana", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "Montana uses no percentage. A 'salvage vehicle' is one damaged to the extent that the owner, an insurer, or someone acting for the owner determines that the cost of parts and labor makes it uneconomical to repair. An insurer that acquires a salvage vehicle less than 15 years old must apply for a salvage certificate.", "citation": "MCA 61-3-210(8); MCA 61-3-211(1) (Montana Code Annotated 2025)", "source_url": "https://mca.legmt.gov/bills/mca/title_0610/chapter_0030/part_0020/section_0100/0610-0030-0020-0100.html", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Montana statute or rule found that addresses whether insurers must pay title, registration or other transfer fees on a total loss. Montana has no general sales tax (Montana Department of Revenue), though some resort communities levy local resort taxes; we have not checked whether any reach vehicle purchases. Montana voids policy terms that base total-loss payment on 'book' value and requires payment of 'actual replacement value' (MCA 33-23-202), but MCA 27-1-306 (as amended 2025) defines actual replacement value as the actual cash value immediately before the damage, so using it to argue for replacement fees or taxes is untested.", "citation": "No specific provision found; MCA 33-23-202; MCA 27-1-306; Montana DOR, General Sales Tax page", "source_url": "https://mtrevenue.gov/taxes/general-sales-tax" }, "valuation_method_rules": { "summary": "Any auto policy provision that bases total-loss payment on 'book' value instead of actual replacement value is void, and the insurer must pay actual replacement value (MCA 33-23-202). Under MCA 27-1-306 (amended 2025), when repair would cost more than the vehicle is worth, damages are the actual replacement value, defined as the actual cash value just before the damage. 'Book' value comes from a nationally recognized used-car pricing publication. It may help set the value, but it becomes the measure only if both parties agree to it after the damage. MCA 33-18-201 (amended 2025) prohibits, as a general business practice, failing to promptly give a reasonable explanation, based on the policy, the facts or the law, for a denial or a compromise offer (MCA 33-18-201(14)). Montana has no fixed comparable-vehicle formula.", "citation": "MCA 33-23-202; MCA 27-1-306; MCA 33-18-201(6), (14)", "source_url": "https://mca.legmt.gov/bills/mca/title_0270/chapter_0010/part_0030/section_0060/0270-0010-0030-0060.html" }, "claim_timelines": { "summary": "The insurer must pay or deny a claim within 30 days after receiving proof of loss. If it reasonably asks for more information, it has 60 days from proof of loss, unless it tells the claimant why it is not paying in full or reasonably suspects and reports fraud. A claim the insurer owes but pays late carries 10% annual interest from the due date (MCA 33-18-232). A private lawsuit may not be based on this section. There is no fixed day count for acknowledgment. Insurers must acknowledge and act reasonably promptly on claim communications, and affirm or deny coverage within a reasonable time after proof of loss (MCA 33-18-201(2), (5)).", "citation": "MCA 33-18-232; MCA 33-18-201(2), (5)", "source_url": "https://mca.legmt.gov/bills/mca/title_0330/chapter_0180/part_0020/section_0320/0330-0180-0020-0320.html", "deadlines": { "acknowledge": null, "decide": "30 days after proof of loss", "pay": "30 days after proof of loss (60 if more information is requested)", "late": "10% annual interest" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Dispute in writing, citing MCA 33-23-202 (actual replacement value, not book value), with local comparables. Use the policy's appraisal clause if it has one, or file a complaint with the Commissioner of Securities and Insurance. You can also sue in justice/small claims court or district court. MCA 33-18-242 gives insureds and third-party claimants their own cause of action for actual damages caused by violations of 33-18-201(1), (4), (5), (6), (9) or (13), such as failing to settle in good faith once liability is reasonably clear. An insured must sue within 2 years of the violation. A third-party claimant may sue only after the underlying claim is settled or reduced to judgment, and then within 1 year. The insurer is not liable if it had a reasonable basis to contest the claim or the amount.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "Montana has no controlling decision on residual diminished value (RDV). In Hop v. Safeco Ins. Co. of Illinois, 2011 MT 215, 361 Mont. 510, 261 P.3d 981, a third-party claimant whose 33-day-old Corvette was hit sought RDV through a class action. The Montana Supreme Court reversed class certification, stating that it 'has not yet addressed the question of whether insurers in Montana have an obligation to pay RDV claims at all', and held the UTPA claim not ripe because MCA 33-18-242 requires the underlying claim to be resolved first. An older first-party case, Eby v. Foremost Ins. Co., 141 Mont. 62, 374 P.2d 857 (1962) (a trailer), quoted with approval the view that under a 'cost of replacement' limit there is no complete restoration unless no diminution in value remains after repair. That result depends on the policy wording, and modern policies may exclude diminished value.", "citation": "Hop v. Safeco Ins. Co. of Illinois, 2011 MT 215, 361 Mont. 510, 261 P.3d 981; Eby v. Foremost Ins. Co., 141 Mont. 62, 374 P.2d 857 (1962)", "source_url": "https://static.case.law/mont/361/cases/0510-01.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "MCA 27-2-207(1)-(2) (injury to personal property; taking, detaining or injuring goods or chattels)", "source_url": "https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0070/0270-0020-0020-0070.html" }, "doi": { "name": "Montana Commissioner of Securities and Insurance (Office of the Montana State Auditor)", "complaint_url": "https://csimt.gov/file-a-complaint/", "phone": "800-332-6148 (toll-free general); 406-444-3525 (insurance consumer services, non-health)" }, "confidence": "high", "tl_caveats": [ "We found no Montana rule on paying title or registration fees, or local resort taxes, in a total-loss settlement. Whether 'actual replacement value' (now defined in 27-1-306 as actual cash value just before the damage) includes these costs is untested.", "We have not checked whether the Commissioner has an administrative rule (ARM Title 6) with claim-handling day counts beyond MCA 33-18-232.", "We have not compared the 2025 amendments to MCA 27-1-306 (Ch. 8, L. 2025) and 33-18-201 (Ch. 229, L. 2025) with the prior text." ], "dv_caveats": [], "vehicle_sales_tax": { "state_rate": 0, "summary": "Montana has no general sales tax. Registration fees and a local option vehicle fee apply but are not sales taxes. Resort-area local sales taxes exist; whether they reach vehicle sales is unclear.", "source_url": "https://revenue.mt.gov/taxes/general-sales-tax", "tax_type": "none", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "montana", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/montana", "diminished_value": "https://fairmarkvalue.com/diminished-value/montana" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "NE", "name": "Nebraska", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "A late-model vehicle is 'salvage' when the estimated total cost to repair it to its pre-damage condition and legal operation meets or exceeds 75% of its retail value at the time of damage. 'Late model' means the model year of the damage or the six years before it, or a retail value above a dollar threshold ($10,500 base, indexed). This is a salvage-branding test, not a limit on when an insurer may total a car.", "citation": "Neb. Rev. Stat. § 60-171(1), (3), (6), (7)", "source_url": "https://nebraskalegislature.gov/laws/statutes.php?statute=60-171", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "Nebraska's unfair claims rule (210 NAC 60) is silent on sales tax, title and registration fees in total-loss settlements, and no Nebraska statute requiring them was found. Separately, the prior owner may claim a refund or credit of unused registration fees and motor vehicle taxes and fees for the rest of the registration year. To do so, the owner files with the county treasurer within 60 days after a total-loss settlement in which the insurer took a salvage-branded title. The credit is applied at once to a replacement vehicle if one is registered.", "citation": "210 NAC 60 (no provision); Neb. Rev. Stat. § 60-397", "source_url": "https://www.law.cornell.edu/regulations/nebraska/210-Neb-Admin-Code-ch-60-SS-009" }, "valuation_method_rules": { "summary": "No codified comparable-vehicle method. Insurers may not make a claimant travel an unreasonable distance to inspect a replacement vehicle (210 NAC 60-009.02). Any reduction for betterment or depreciation must be documented in the claim file and be 'measurable, discernable, itemized and specified as to dollar amount' (009.05). A denial must cite the specific policy provision and be in writing (008.01). If the claimant objects to a denial in whole or part, the insurer must tell them in writing that they may have it reviewed by the Nebraska Department of Insurance and give the Department's address and phone (008.08). For salvage-title purposes only, 'retail value' comes from a nationally recognized value compilation or a market survey of comparable vehicles (Neb. Rev. Stat. 60-171(6)).", "citation": "210 NAC 60-008.01, 008.08, 009.02, 009.05; Neb. Rev. Stat. § 60-171(6)", "source_url": "https://www.law.cornell.edu/regulations/nebraska/210-Neb-Admin-Code-ch-60-SS-009" }, "claim_timelines": { "summary": "Acknowledge a claim within 15 days unless paid within that time (210 NAC 60-006.01), and reply to other communications within 15 days (006.03). Start investigating within 15 days of notice (007). Accept or deny within 15 days after receiving settlement information or a proper proof of loss (008.01). If more time is needed, give notice within 15 days, then send a status letter at 30 days and every 30 days after (008.02). When liability is reasonably clear, offer a fair amount within 15 days of receiving settlement information, and pay within 15 days of the claimant's acceptance (008.04).", "citation": "210 NAC 60-006, 60-007, 60-008", "source_url": "https://www.law.cornell.edu/regulations/nebraska/210-Neb-Admin-Code-ch-60-SS-008", "deadlines": { "acknowledge": "15 days", "decide": "15 days after proof of loss", "pay": "15 days after you accept" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Send a written dispute with comparables and demand itemized deductions under 210 NAC 60-009.05. Use the policy's appraisal clause if it has one. Ask the Nebraska Department of Insurance to review the claim (210 NAC 60-008.08 requires insurers to tell you about this right after a denial). File in small claims or county court. If an insured sues on the policy and wins a judgment larger than any offer made under § 25-901, the court must award a reasonable attorney fee (Neb. Rev. Stat. § 44-359).", "diminished_value": { "third_party": "limited", "first_party": "unclear", "summary": "Under Chlopek v. Schmall, 224 Neb. 78, 396 N.W.2d 103 (1986), Nebraska's long-standing rules are: if the vehicle can be repaired to as good condition as before, damages are the reasonable cost of repair plus loss of use during repair; if repair cannot restore it to that condition, damages are the difference between market value immediately before and after the accident. Chlopek itself changed the law to allow loss-of-use damages even for a totally destroyed vehicle. Loss of market value is therefore tied to cases where repair cannot restore the vehicle; a separate award for residual (stigma) diminished value after a full repair is not supported by Chlopek. No Nebraska appellate decision on first-party diminished value was found.", "citation": "Chlopek v. Schmall, 224 Neb. 78, 396 N.W.2d 103 (1986)", "source_url": "https://static.case.law/neb/224/cases/0078-01.json" }, "statute_of_limitations_property_damage": { "years": 4, "citation": "Neb. Rev. Stat. § 25-207(2) (taking, detaining or injuring personal property)", "source_url": "https://nebraskalegislature.gov/laws/statutes.php?statute=25-207" }, "doi": { "name": "Nebraska Department of Insurance", "complaint_url": "https://doi.nebraska.gov/consumer/file-complaint", "phone": "877-564-7323 (toll-free consumer hotline); 402-471-2201" }, "confidence": "medium", "tl_caveats": [ "We could not recheck Neb. Rev. Stat. 60-171, 60-397, 25-207 and 44-359 on the official site; they come from a copy current as of January 1, 2024. We also could not confirm the complaint page and phone numbers. Call 402-471-2201 to confirm before you file.", "We found no source on whether insurers must pay sales tax or title fees in a total-loss settlement. Bills reported as not enacted (not rechecked): LB 602 (2021, a 75% insurer total-loss threshold), LB 782 (2023) and LB 112 (2025) on 'structurally totaled' vehicles." ], "dv_caveats": [ "We could not recheck Neb. Rev. Stat. 60-171, 60-397, 25-207 and 44-359 on the official site; they come from a copy current as of January 1, 2024. We also could not confirm the complaint page and phone numbers. Call 402-471-2201 to confirm before you file.", "Whether diminished value after a proper repair is recoverable in Nebraska is untested; Chlopek ties loss of market value to vehicles that cannot be restored by repair." ], "vehicle_sales_tax": { "state_rate": 0.055, "summary": "5.5% state rate plus local city or county tax (up to 2% general cap; a DMV report cites up to 2.5% for vehicles, unverified). Collected by the county treasurer at registration.", "source_url": "https://revenue.nebraska.gov/businesses/nebraska-sales-and-use-tax", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "additional_sources": [ "https://dmv.nebraska.gov/dvr/reg/registration-fees-and-taxes" ] }, "slug": "nebraska", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/nebraska", "diminished_value": "https://fairmarkvalue.com/diminished-value/nebraska" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "NV", "name": "Nevada", "total_loss_threshold": { "type": "percent", "percent": 65, "summary": "A 'total loss vehicle' is a registrable vehicle whose repair cost is 65% or more of its fair market value immediately before the damage. The cost of painting, of replacing electronic components to manufacturer specifications, and of towing is excluded from repair cost. Certain 10+ model-year vehicles needing only listed bolt-on parts are also excluded.", "citation": "NRS 487.790", "source_url": "https://nevada.public.law/statutes/nrs_487.790", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "For an automobile total loss, a replacement vehicle must come with all applicable taxes, license fees and other ownership-transfer fees paid. The insurer may prorate license fees to the unused period. A cash settlement must be based on the cost to buy a comparable automobile 'including all applicable taxes, license fees and other fees incident to transfer of evidence of ownership', less the deductible. The rule does not condition this on buying a replacement.", "citation": "NAC 686A.680(1)(a)-(b)", "source_url": "https://www.law.cornell.edu/regulations/nevada/NAC-686A-680" }, "valuation_method_rules": { "summary": "A cash settlement must use one of three methods. (1) The average cost of 2 or more comparable automobiles available in the local market within the last 90 days; the time window or area may be extended only as far as needed to find two. (2) The average of 2 or more quotes from licensed dealers in the local market area. (3) A statistically valid fair-market-value source that gives primary weight to the local market, covers at least 85% of makes and models for the last 15 model years including major options, and uses current data from around where the car was garaged. The settlement may not be less than the lowest value from these methods, adjusted for deductible, taxes and fees. Any deviation must be supported by documents detailing the car's condition. Every deduction, including salvage, must be measurable, discernible, itemized and specified in amount. The salvage deduction must account for value lost if an inspection left a drivable car undrivable. The basis of the settlement must be documented and fully disclosed to the claimant in writing. Insurers may not require unreasonable travel to inspect a replacement, and betterment or depreciation deductions must be itemized and disclosed in writing.", "citation": "NAC 686A.680(1)(b), (2), (4), (7) (amended by R031-17, eff. 5/16/2018)", "source_url": "https://www.law.cornell.edu/regulations/nevada/NAC-686A-680" }, "claim_timelines": { "summary": "Acknowledge a claim within 20 working days unless it is paid (NAC 686A.665(1)). Reply to other pertinent communications within 20 working days (665(3)). Begin investigating within 20 working days, and finish within 30 days of notice unless that is not reasonably possible (686A.670). Accept or deny a first-party claim within 30 working days after receiving proper proof of loss. A denial must be in writing and cite the policy provision. Pay an accepted claim within 30 days of acceptance, or owe interest at the NRS 99.040 rate. If more time is needed, give notice within 30 working days, then send a status letter every 30 days (686A.675(1), (3)). An unrepresented claimant must get 60 days' written notice before a limitations period or policy time limit expires (675(5)). Undisputed portions must be paid even when other portions are disputed (675(7)).", "citation": "NAC 686A.665, 686A.670, 686A.675", "source_url": "https://www.law.cornell.edu/regulations/nevada/NAC-686A-675", "deadlines": { "acknowledge": "20 working days", "decide": "30 working days after proof of loss", "pay": "30 days after acceptance", "late": "Interest at the NRS 99.040 rate" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Send a written dispute demanding the settlement basis and itemized deductions required by NAC 686A.680(2), with at least two local comparables or dealer quotes. Use the policy's appraisal clause if available. File a complaint with the Nevada Division of Insurance. Sue in small claims (justice court) or district court. Under NRS 686A.310(2), an insurer is liable to its own insured for damages caused by unfair claim practices listed in subsection 1, such as failing to settle promptly and fairly when liability is reasonably clear, or failing to explain the basis for a compromise offer.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No Nevada appellate decision squarely deciding vehicle diminished value was found. In Dugan v. Gotsopoulos, 117 Nev. 285, 22 P.3d 205 (2001), a car-damage case, the Nevada Supreme Court held that an owner may testify to her vehicle's value without an expert; that the Kelley Blue Book is admissible under the market-compilation hearsay exception (NRS 51.245); and that loss-of-use damages may be measured by reasonable rental cost, and a party who was financially unable to rent a substitute need not have actually rented one. It concluded the owner should have been allowed to present the car's value before and after the accident. This supports a before-and-after market value approach, but the court did not rule on residual diminished value after repair. When an insurer elects to repair, NAC 686A.680(8) requires only restoration to pre-loss condition and does not mention diminished value.", "citation": "Dugan v. Gotsopoulos, 117 Nev. 285, 22 P.3d 205 (2001); NAC 686A.680(8)", "source_url": "https://static.case.law/nev/117/cases/0285-01.json" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "NRS 11.190(3)(c) (taking, detaining or injuring personal property)", "source_url": "https://www.leg.state.nv.us/NRS/NRS-011.html#NRS011Sec190" }, "doi": { "name": "Nevada Division of Insurance", "complaint_url": "https://doi.nv.gov/Consumers/File-a-Complaint/", "phone": "888-872-3234 (toll-free); 775-687-0700 (Carson City); 702-486-4009 (Las Vegas)" }, "confidence": "high", "tl_caveats": [ "We used a copy of NRS 487.790, 11.190 and 686A.310 accessed May 26, 2025, before the 2025 legislative session ended. Check for 2025 amendments.", "We could not confirm the Division of Insurance complaint page or its three phone numbers. Call 775-687-0700 to confirm before you file.", "We have not confirmed whether NAC 686A.680's comparable-vehicle rules are enforced for claims against the other driver's insurer. The section speaks of a 'claimant', and subsection 3 mentions third-party claimants." ], "dv_caveats": [ "We used a copy of NRS 487.790, 11.190 and 686A.310 accessed May 26, 2025, before the 2025 legislative session ended. Check for 2025 amendments.", "We could not confirm the Division of Insurance complaint page or its three phone numbers. Call 775-687-0700 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0.0685, "summary": "6.85% statewide base rate, which includes mandatory statewide local components. County options raise it (e.g., Clark 8.375%). Dealer sales are taxed at the sale county's rate. The DMV doesn't charge sales tax on private-party sales.", "source_url": "https://tax.nv.gov/faqs/sales-tax-faqs/", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "medium", "additional_sources": [ "https://tax.nv.gov/wp-content/uploads/2024/12/Components-of-Sales-Tax.pdf" ] }, "slug": "nevada", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/nevada", "diminished_value": "https://fairmarkvalue.com/diminished-value/nevada" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "NH", "name": "New Hampshire", "total_loss_threshold": { "type": "percent", "percent": 75, "percent_unconfirmed": true, "summary": "A damaged vehicle counts as a 'total loss vehicle' (salvage-title purposes) when repair cost is 75% or more of its pre-damage fair market value. This applies if the damage occurs in the vehicle's model year or the 4 calendar years after. Repair cost reportedly excludes airbags, tires and entertainment systems. Insurers must determine total losses consistent with this standard (Ins 1002.15(a)).", "citation": "RSA 261:22, VI; N.H. Admin. R. Ins 1002.15(a)", "source_url": "https://gc.nh.gov/rsa/html/XXI/261/261-22.htm", "governs": "insurer" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "Ins 1002.15 does not mention sales tax, title or registration fees. It does require insurers to consider 'usual and customary documentary preparation fees' when determining fair market value (Ins 1002.15(e)). New Hampshire is generally understood to have no general sales tax, so sales tax is usually not at issue; title and registration fee reimbursement is not addressed.", "citation": "N.H. Admin. R. Ins 1002.15(e)", "source_url": "https://www.law.cornell.edu/regulations/new-hampshire/N-H-Admin-Code-SS-Ins-1002.15" }, "valuation_method_rules": { "summary": "For both collision/comprehensive and property damage liability total losses, the insurer must settle on fair market value using one of two methods. (1) A valuation method the Insurance Department has accepted as statistically valid for the local market. Insurers must use a method on the Department's annual list of accepted methods (Ins 1002.15(h)(2)). (2) Documented sales of at least 2 vehicles of the same make, model and year in the local market within the previous 90 days. If there are none, the insurer may use like-kind-and-quality sales, or the average of written quotes from at least 2 licensed local dealers. Data from outside the local market is allowed only for construction or commercial vehicles, or makes not usually found locally. Values must be adjusted for condition, mileage, accessories and options, and the insurer must consider usual documentary preparation fees. With the offer, the insurer must give a report explaining the basis of the valuation. If the owner presents evidence from 2 reliable sources (local sales or dealer quotes) of a higher local value within 20 days of receiving the payment, the insurer must recalculate. This right does not apply if the insurer's settlement papers identified, by VIN, a specific comparable vehicle available locally at or below the insurer's value. The owner is entitled to a rental for the policy period or until 5 business days after the offer, whichever is earlier (1002.15(f)). An owner who keeps the car is paid the total-loss value minus salvage value (1002.15(g)). A Department bulletin of Apr. 14, 2025 says insurers must offer an in-person inspection on request and may not rely only on photos or video when that limits a fair investigation (RSA 417:4, XV).", "citation": "N.H. Admin. R. Ins 1002.15(a)-(h); NHID Bulletin of Apr. 14, 2025 on virtual auto claims (INS 25-031-AB), as reported by Claims Journal", "source_url": "https://www.law.cornell.edu/regulations/new-hampshire/N-H-Admin-Code-SS-Ins-1002.15" }, "claim_timelines": { "summary": "All periods are calendar days unless stated otherwise (Ins 1002.03). Start the investigation within 5 working days of notice. Acknowledge the claim within 10 working days, and reply to all claim communications within 10 working days (Ins 1002.04(b), 1002.05(a)-(b)). Make a complete coverage and payment decision within 30 days of notice. If not possible, send a written delay letter with specific reasons, and another every 30 days. Pay within 5 working days of agreement or of receiving the requested documentation (Ins 1002.05(c)-(f)). Denials and delay letters must include the NH Insurance Department's toll-free consumer number (Ins 1002.05(h)).", "citation": "N.H. Admin. R. Ins 1002.03, 1002.04, 1002.05", "source_url": "https://www.law.cornell.edu/regulations/new-hampshire/N-H-Admin-Code-SS-Ins-1002.05", "deadlines": { "acknowledge": "10 working days", "decide": "30 days after notice", "pay": "5 working days after agreement", "note": "These rules may have lapsed in October 2025." } }, "consumer_can_reject_and_keep_negotiating": "Yes. Within 20 days of receiving the settlement payment, send the insurer 2 reliable sources (local sales or dealer quotes) showing a higher value. This triggers a required recalculation (Ins 1002.15(c)). Also ask for the valuation report (1002.15(d)). Use the policy's appraisal clause if it has one. Ask for an in-person inspection if the insurer relied on photos (NHID bulletin, Apr. 2025). File a complaint with NHID Consumer Services (1-800-852-3416 in-state; 603-271-2261; online form). You can also sue in small claims or superior court.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No New Hampshire court decision on vehicle diminished value, first-party or third-party, was located (consistent with a law-firm 50-state survey by Matthiesen, Wickert & Lehrer, last updated Mar. 2022).", "citation": "No controlling authority located", "source_url": "https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "RSA 508:4, I (personal actions; 3 years, with discovery rule)", "source_url": "https://gc.nh.gov/rsa/html/LII/508/508-4.htm" }, "doi": { "name": "New Hampshire Insurance Department", "complaint_url": "https://www.insurance.nh.gov/consumers/filing-complaint", "phone": "1-800-852-3416 (toll-free, quoted in Ins 1002.05(h)); 603-271-2261" }, "confidence": "medium", "tl_caveats": [ "The claim-deadline rules (Ins 1002.03, 1002.04 and 1002.05) were last amended effective October 26, 2015 and were marked to expire October 26, 2025; only Ins 1002.15 shows a later filing (effective April 26, 2021). We could not confirm on the official rules site whether 1002.03-.05 were readopted, so treat those deadlines as possibly lapsed.", "Ins 1002.15(a) confirms RSA 261:22, VI as the total-loss standard, but we could not open the statute itself. Its figures (75%, model year plus 4 calendar years, excluded items) come from an older copy and secondary sites.", "We could not open RSA 508:4 (3 years) to recheck it.", "We could not open the Insurance Department's list of accepted valuation methods or its April 2025 virtual-inspection bulletin. Secondary reports say the list includes CCC ONE, Mitchell WorkCenter Total Loss, CARFAX Total Loss Valuation and Black Book; the bulletin is known only from Claims Journal (April 15, 2025).", "We have not confirmed against an official source that New Hampshire has no general sales tax.", "We could not open the Insurance Department complaint page to confirm it. Call 603-271-2261 to confirm before you file." ], "dv_caveats": [ "We could not open RSA 508:4 (3 years) to recheck it.", "We could not open the Insurance Department complaint page to confirm it. Call 603-271-2261 to confirm before you file." ], "vehicle_sales_tax": { "state_rate": 0, "summary": "No general sales tax. Town permit and registration fees, based on list price and model year, are paid at registration but are not sales taxes.", "source_url": "https://www.revenue.nh.gov/faq/does-new-hampshire-have-sales-tax", "tax_type": "none", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "new-hampshire", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/new-hampshire", "diminished_value": "https://fairmarkvalue.com/diminished-value/new-hampshire" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "NJ", "name": "New Jersey", "total_loss_threshold": { "type": "percent", "percent": 100, "summary": "A vehicle gets a salvage title when it is 'economically impractical to repair'. For vehicles 8 or fewer model years old, that means a bona fide repair estimate equals or exceeds its pre-damage fair market value (100%). For certain older but high-value vehicles, it also covers cases where the insurer settles a total-loss claim. This is a salvage-title rule; insurers may declare a total loss at lower repair-to-value ratios.", "citation": "N.J.A.C. 13:21-22.3 (definitions of 'economically impractical to repair' and 'salvage motor vehicle')", "source_url": "https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-13-21-22-3", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "'Actual cash value' must include all sales tax paid or payable on the repaired or replaced vehicle (N.J.A.C. 11:3-10.2). Every cash total-loss offer must equal one of the approved values 'plus applicable sales tax', and an insurer-provided replacement must include sales tax (11:3-10.4(a), (e)). The rule does not condition this on buying a replacement. The regulation does not address title or registration fees.", "citation": "N.J.A.C. 11:3-10.2; 11:3-10.4(a), (e)", "source_url": "https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-3-10-4" }, "valuation_method_rules": { "summary": "The insured must be treated as a retail consumer. A written, itemized valuation showing all options and deductions must go in the file and to the insured no later than the payment date. The cash offer, plus sales tax, must be one of four amounts. (1) The average retail value from two Commissioner-approved valuation manuals, with full value for options listed in only one. (2) A quote for a substantially similar vehicle, available for purchase, from a dealer within 25 miles of where the car is garaged, with dealer, stock number and VIN kept on file. (3) A Commissioner-approved database that weights the local market, covers at least 85% of makes and models for 15 years, and documents the condition rating. (4) If none works, the best available method, fully explained in writing. 'Substantially similar' means same make, model, year and condition with all major options, and no more than 4,000 extra miles. Insurers must use the same valuation source for all claims. Salvage deductions are capped at what a nearby salvage facility would pay. These rules also apply to third-party auto property damage claims once liability is reasonably clear (N.J.A.C. 11:2-17.10(a)). Betterment or depreciation deductions must be itemized and fair (11:2-17.10(a)2).", "citation": "N.J.A.C. 11:3-10.2; 11:3-10.4(a)-(j); 11:2-17.10(a)", "source_url": "https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-3-10-4" }, "claim_timelines": { "summary": "Acknowledge a claim within 10 working days, giving the claims office address and phone, and reply to other communications within 10 working days (N.J.A.C. 11:2-17.6). For total losses, the partial-loss inspection and estimate deadlines of 11:3-10.3 apply, but the insurer gets a total of 14 working days (11:3-10.4(h)). Unless there is clear justification, first-party auto physical damage claims must be paid within 30 calendar days of the notice of loss. If any element is still unresolved at 30 days, the insurer must explain in writing and update the explanation every 30 days (11:3-10.5). Third-party property damage claims must be paid within 45 calendar days of notice of the claim (11:2-17.7(c)2). If that deadline cannot be met, the insurer must send written notice of the reasons and update it every 45 days (11:2-17.7(e)). Any agreed settlement must be paid within 10 working days (11:2-17.7(f)).", "citation": "N.J.A.C. 11:2-17.6; 11:2-17.7(c), (e), (f); 11:3-10.4(h); 11:3-10.5", "source_url": "https://www.law.cornell.edu/regulations/new-jersey/N-J-A-C-11-3-10-5", "deadlines": { "acknowledge": "10 working days", "decide": null, "pay": "30 days after notice of loss (45 days on a third-party claim)" } }, "consumer_can_reject_and_keep_negotiating": "Yes, and New Jersey gives a formal right of recourse. Within 30 calendar days of receiving the claim draft, tell the insurer in writing that you cannot buy a comparable vehicle for that amount. The insurer must then reopen the file and take one of four steps: find a substantially similar vehicle within 25 miles; pay the difference on one you find; offer a replacement vehicle; or go to the policy's appraisal clause (N.J.A.C. 11:3-10.4(b)). The insurer must tell you about these rights in writing when it issues the draft (10.4(c)). You can also challenge, within 30 days, a salvage deduction you cannot actually get (10.4(j)). DOBI's 2026 consumer guide says all auto insurers must have an Internal Appeal Process for disputed claims. If the appeal fails, the insurer must tell you that you can ask DOBI's Office of Insurance Claims Ombudsman to review the claim (ombudsman@dobi.nj.gov). You can also file a complaint with DOBI (1-800-446-7467) and sue in the Special Civil Part (small claims) or Superior Court. An appeal or complaint does not waive your right to sue.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: the tort measure is the before/after drop in value; cost of repair plus the remaining depreciation in value from the damage is an appropriate measure so long as the sum does not exceed the decline in market value or the pre-accident value (Fanfarillo v. East End Motor Co., 172 N.J. Super. 309, 411 A.2d 1167 (App. Div. 1980), a car stolen from a dealer's lot through the dealer's negligence). First-party: where the policy limits coverage to repair or replacement with like kind and quality, the insurer's liability is capped at restoring the vehicle's physical, operating and mechanical condition, and it owes no 'inherent' (market-stigma) diminished value (Kieffer v. High Point Ins. Co., 422 N.J. Super. 38, 25 A.3d 1206 (App. Div. 2011)).", "citation": "Fanfarillo v. East End Motor Co., 172 N.J. Super. 309 (App. Div. 1980); Kieffer v. High Point Ins. Co., 422 N.J. Super. 38 (App. Div. 2011)", "source_url": "https://static.case.law/nj-super/172/cases/0309-01.json" }, "statute_of_limitations_property_damage": { "years": 6, "citation": "N.J.S.A. 2A:14-1 (tortious injury to real or personal property)", "source_url": "https://codes.findlaw.com/nj/title-2a-administration-of-civil-and-criminal-justice/nj-st-sect-2a-14-1/" }, "doi": { "name": "New Jersey Department of Banking and Insurance", "complaint_url": "https://www.nj.gov/dobi/consumer.htm", "phone": "1-800-446-7467 (consumer hotline); 609-292-7272" }, "confidence": "high", "tl_caveats": [ "We found no New Jersey rule requiring title or registration transfer fees in a total-loss settlement.", "The valuation manuals named in 11:3-10.4(a)1 (Red Book, NADA) are historical. We have not checked which databases the Department currently approves under 10.4(a)3 (for example CCC, Mitchell or J.D. Power).", "We did not identify the rule behind the auto Internal Appeal Process. The Department's 'Everything Auto Insurance' 2026 guide states the requirement for 'disputed claims', in its section on disputed fault percentages.", "We used a copy of N.J.S.A. 2A:14-1 (6 years) current as of January 1, 2024, not the official legislature site." ], "dv_caveats": [ "We used a copy of N.J.S.A. 2A:14-1 (6 years) current as of January 1, 2024, not the official legislature site." ], "reopen_window": { "window": "30 calendar days of receiving the claim draft", "citation": "N.J.A.C. 11:3-10.4(b)" }, "vehicle_sales_tax": { "state_rate": 0.06625, "summary": "6.625% on new or used vehicles (since Jan 1, 2018), net of trade-in. A separate 0.4% luxury/fuel-inefficient surcharge applies to certain new vehicles. Zero-emission vehicles are fully taxable from July 1, 2025. No local sales tax.", "source_url": "https://www.nj.gov/treasury/taxation/moveqa.shtml", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "new-jersey", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/new-jersey", "diminished_value": "https://fairmarkvalue.com/diminished-value/new-jersey" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "NM", "name": "New Mexico", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "New Mexico uses no percentage. A 'salvage vehicle' is one damaged (excluding hail damage, per MVD rules) to the extent that the owner, leasing company, lender or insurer considers it uneconomical to repair and that is not repaired. It also includes a vehicle the insurer determined uneconomical to repair and paid as a total loss after the claimant agreed to the amount and was told the title must be branded.", "citation": "NMSA 1978 § 66-1-4.16(C) (definition of 'salvage vehicle')", "source_url": "https://codes.findlaw.com/nm/chapter-66-motor-vehicles/nm-st-sect-66-1-4-16/", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No New Mexico statute or Office of Superintendent of Insurance rule was found that addresses sales, gross receipts or motor vehicle excise tax, or title and registration fees, in total-loss settlements. New Mexico's administrative code (Title 13) has no auto claims-settlement regulation.", "citation": "No specific provision found", "source_url": "https://www.law.cornell.edu/regulations/new-mexico/title-13" }, "valuation_method_rules": { "summary": "No codified total-loss valuation method or comparable-vehicle rule. The general Unfair Claims Practices statute applies. Insurers must make good-faith efforts at prompt, fair and equitable settlement when liability is reasonably clear (§ 59A-16-20(E)). They may not force insureds to sue by offering substantially less than is ultimately recovered (59A-16-20(G)). They must promptly give a reasonable explanation, based on the policy and the facts or law, for a denial or a compromise offer (59A-16-20(N)).", "citation": "NMSA 1978 § 59A-16-20(E), (G), (N)", "source_url": "https://codes.findlaw.com/nm/chapter-59a-insurance-code/nm-st-sect-59a-16-20/" }, "claim_timelines": { "summary": "No fixed day-count deadlines were found for auto physical damage claims. The statute requires insurers to acknowledge and act reasonably promptly on claim communications (§ 59A-16-20(B)), adopt standards for prompt investigation (C), and affirm or deny coverage within a reasonable time after proof of loss is submitted (D). The only fixed deadline in the section covers declared catastrophic losses: settlement within 90 days of the catastrophic claim number (F).", "citation": "NMSA 1978 § 59A-16-20(B)-(F)", "source_url": "https://codes.findlaw.com/nm/chapter-59a-insurance-code/nm-st-sect-59a-16-20/", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Yes. Send a written dispute with local comparables and ask for the written basis for the offer (§ 59A-16-20(N)). Use the policy's appraisal clause if it has one. File a complaint with the Office of Superintendent of Insurance (OSI) Consumer Assistance Bureau (855-427-5674). For smaller claims, sue in magistrate or metropolitan court; otherwise use district court. NMSA 59A-16-30 gives anyone harmed by a violation of the Trade Practices and Frauds article a private action for actual damages, with attorney fees possible if the violation was willful. The current § 59A-16-20 wording refers to 'insureds', so a third-party claimant's rights under it are less clear.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: New Mexico's civil jury instruction UJI 13-1817 NMRA ('Personal property; repairs plus depreciation') lets a jury award the reasonable expense of necessary repairs plus any decrease in the fair market value of the repaired property compared with its value before the occurrence. This is the basis for recovering diminished value after repair in a tort claim. Hubbard v. Albuquerque Truck Ctr., Ltd., 1998-NMCA-058, 125 N.M. 153, 958 P.2d 111, a contract case about a defective semi-tractor engine overhaul, described the majority measure as repair costs plus depreciation, or reduction in market value, whichever is less (citing the UJIs under their 1998 numbering). First-party: in a case of first impression, the Court of Appeals followed the majority trend and denied diminished market value under the policy's repair-or-replace and 'like kind and quality' terms (Davis v. Farmers Ins. Co. of Ariz., 2006-NMCA-099, 140 N.M. 249, 142 P.3d 17).", "citation": "UJI 13-1817 NMRA; Hubbard v. Albuquerque Truck Ctr., 1998-NMCA-058, 125 N.M. 153; Davis v. Farmers Ins. Co. of Ariz., 2006-NMCA-099, 140 N.M. 249, 142 P.3d 17", "source_url": "https://nmonesource.com/nmos/forms/en/16424/1/document.do" }, "statute_of_limitations_property_damage": { "years": 4, "citation": "NMSA 1978 § 37-1-4 (injuries to property; 4 years)", "source_url": "https://codes.findlaw.com/nm/chapter-37-limitation-of-actions-abatement-and-revivor/nm-st-sect-37-1-4/" }, "doi": { "name": "New Mexico Office of Superintendent of Insurance", "complaint_url": "https://osi.state.nm.us/en/complaints/", "phone": "855-427-5674" }, "confidence": "medium", "tl_caveats": [ "We used a copy of §§ 59A-16-20, 37-1-4 and 66-1-4.16 current as of January 1, 2024, not the official NMOneSource site. Check for 2024-2026 amendments.", "Whether claimants against the other driver's insurer can use §§ 59A-16-20 and 59A-16-30 is unresolved. Subsections E, G and N of the current text refer to 'insureds'. Hovet v. Allstate (2004-NMSC-010) reportedly allowed limited third-party claims; we have not checked whether later amendments narrowed it.", "We found no Office of Superintendent of Insurance rule or bulletin on total-loss valuation, motor vehicle excise tax or title fees, but we only partly reviewed its site." ], "dv_caveats": [ "We used a copy of §§ 59A-16-20, 37-1-4 and 66-1-4.16 current as of January 1, 2024, not the official NMOneSource site. Check for 2024-2026 amendments." ], "vehicle_sales_tax": { "state_rate": 0.04, "summary": "4% motor vehicle excise tax (since July 1, 2019) on price less trade-in, in lieu of gross receipts tax. Used private sales are taxed on the higher of price or 80% of NADA trade-in. No local add-on.", "source_url": "https://www.mvd.newmexico.gov/vehicles/vehicle-registration/vehicle-titles/", "tax_type": "motor_vehicle_excise_tax", "local_rates_add": false, "cap": null, "confidence": "high", "additional_sources": [ "https://www.mvd.newmexico.gov/chapter-6-fees-penalties-and-excise-tax/" ] }, "slug": "new-mexico", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/new-mexico", "diminished_value": "https://fairmarkvalue.com/diminished-value/new-mexico" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "NY", "name": "New York", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "Two linked rules, both for vehicles 8 model years old or newer. DMV: the title must carry the 'REBUILT SALVAGE' brand if, among other triggers, the cost of parts and labor to restore the vehicle exceeds 75% of its retail value at the time of loss as set out in a current nationally recognized compilation of retail values (15 NYCRR 20.20(c)(1)(ii)). DFS: if the insurer determines repair cost exceeds 75% of the vehicle's actual cash value and does not take the car as salvage, it must require the owner to give it the title, must withhold at least 50% of the claim payment (after the deductible) until it receives the title, and must send the title to DMV for branding within 10 business days (11 NYCRR 216.7(b)(16)). This is a salvage-branding trigger, not a cap on when an insurer may total a car.", "citation": "11 NYCRR 216.7(b)(16); 15 NYCRR 20.20(c)(1)(ii)", "source_url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-216.7", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "Unless the law or policy defines it otherwise, 'actual cash value' is the lesser of the cost to repair or to replace with a substantially identical item, and it 'shall include all monies paid or payable as sales taxes' on the item repaired or replaced (11 NYCRR 216.6(b)). 216.7, which applies to collision and comprehensive claims, keeps the rest of Part 216 in force for those claims and excludes only 216.2(b)-(d), 216.6(c), (h) and 216.9, so 216.6(b) applies to first-party auto physical damage. Title and registration transfer fees are not addressed; a law-firm state summary (Matthiesen, Wickert & Lehrer) says they are not required. Whether these rules bind third-party property damage claims rests on a NY OGC opinion of May 1, 2002 as reported in that survey; we could not find the opinion itself.", "citation": "11 NYCRR 216.6(b); 11 NYCRR 216.7 (preamble)", "source_url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-216.6" }, "valuation_method_rules": { "summary": "The insurer's minimum cash offer must be one of the following. (i) The average retail value of a substantially similar vehicle in two approved valuation manuals. Options a manual leaves out must be valued separately, and only documented dealer preparation charges of up to $100 may be deducted. (ii) A quote for a substantially similar vehicle from a qualified dealer within 25 miles. That vehicle must stay available for 3 calendar days after the insured is notified by certified mail or a recorded call, and the dealer, VIN, stock number, mileage and options must be kept in the file. (iii) A computerized database approved by the superintendent. It must cover at least 85% of makes and models for 15 years, use licensed-dealer data from the 100-mile local market area, and use the last 90 days of sales plus available inventory. (v) If none of these works, the best available method, explained to the insured. There is also a cap: for a car bought from a dealer within 180 days before the loss, the offer may be limited to the purchase price plus documented improvements, minus the deductible ((iv)). This cap does not apply to private sales or gifts. 'Substantially similar' means same make, model, year and condition, with the major options, and mileage no more than 4,000 miles or 10% above the insured car's, whichever is greater. The insurer must give the insured a detailed copy of its total-loss calculation no later than payment. On request, it must name a salvage dealer who will pay the amount it deducted for salvage. Current-model-year cars are valued at the new-car price minus a per-mile depreciation schedule.", "citation": "11 NYCRR 216.7(a)(4), (a)(10), (c)(1)(i)-(v), (c)(2)-(6)", "source_url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-216.7" }, "claim_timelines": { "summary": "Acknowledge a claim within 15 business days, and reply to other pertinent communications within 15 business days (11 NYCRR 216.4). Begin investigating and list the forms needed within 15 business days (216.5). For auto physical damage, the insurer has 6 business days after notice to inspect and make a good-faith offer; for a total loss it gets 5 more business days (216.7(b)(1), (c)(7)). For an unrecovered theft, the offer is due by the 25th calendar day after notice if all requested information was provided. If any part of the claim is unresolved after 30 calendar days, the insurer must send a written explanation, then another every 30 days (216.7(d)(2)). Payment must be mailed or hand-delivered within 5 business days after the insured accepts the offer, or 3 business days after receipt of a completed proof of loss (216.7(b)(17)); generally, agreed amounts must be paid within 5 business days (216.6(f)). Undisputed parts must be paid even while other parts are disputed (216.6(e)).", "citation": "11 NYCRR 216.4, 216.5, 216.6(e)-(f), 216.7(b)(1), (b)(17), (c)(7), (d)(2)", "source_url": "https://www.law.cornell.edu/regulations/new-york/11-NYCRR-216.7", "deadlines": { "acknowledge": "15 business days", "decide": "6 business days after notice (11 for a total loss)", "decide_kind": "offer", "pay": "5 business days after you accept" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Right of recourse: if, within 35 calendar days after the payment is mailed, you notify the insurer in writing that you cannot buy a comparable vehicle for its value, it must reopen the claim. It must then either offer enough to buy a specific substantially similar vehicle, or pay the difference for one you locate (11 NYCRR 216.7(c)(4)). This right does not apply if the insurer already identified an available substantially similar vehicle for at least 3 days (216.7(c)(5)). Rejection letters must carry the DFS complaint notice (216.7(d)(3)). You can also use the policy's appraisal clause, file a DFS complaint, and sue in small claims or civil court.", "diminished_value": { "third_party": "limited", "first_party": "unclear", "summary": "Third-party: New York courts generally measure vehicle damage by the before/after difference in market value, or by reasonable repair cost if that is less (Miller v. Sanchez, 6 Misc. 3d 479, 789 N.Y.S.2d 850 (N.Y. City Civ. Ct. 2004)). Diminished value on top of repairs has been allowed mainly for new, collector or appreciating vehicles: Rosenfield v. Choberka, 140 Misc. 2d 9, 529 N.Y.S.2d 455 (Sup. Ct. 1988) (new car damaged a few weeks after purchase); Franklin Corp. v. Prahler, 91 A.D.3d 49, 932 N.Y.S.2d 610 (4th Dep't 2011) (rare, appreciating 2000 Ford GT; plaintiff may seek repair cost plus diminution). Parkoff v. Stavsky (App. Div. 2013) (Mercedes with 398 miles) is reported by a law-firm survey (Matthiesen, Wickert & Lehrer); we have not reviewed the opinion. First-party: no modern controlling decision found. Edwards v. Maryland Motor Car Ins. Co., 204 App. Div. 174, 197 N.Y.S. 460 (1922) held diminution in value of a nearly new stolen and recovered car was covered under that policy's theft 'direct loss or damage' clause.", "citation": "Miller v. Sanchez, 6 Misc. 3d 479 (Civ. Ct. 2004); Franklin Corp. v. Prahler, 91 A.D.3d 49, 932 N.Y.S.2d 610 (4th Dep't 2011); Rosenfield v. Choberka, 140 Misc. 2d 9, 529 N.Y.S.2d 455 (Sup. Ct. 1988); Edwards v. Maryland Motor Car Ins. Co., 204 App. Div. 174, 197 N.Y.S. 460 (1922)", "source_url": "https://static.case.law/ad3d/91/cases/0049-01.json" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "N.Y. CPLR 214(4) (action to recover damages for an injury to property)", "source_url": "https://www.nysenate.gov/legislation/laws/CVP/214" }, "doi": { "name": "New York State Department of Financial Services", "complaint_url": "https://www.dfs.ny.gov/complaint", "phone": "(800) 342-3736" }, "confidence": "high", "tl_caveats": [ "A May 1, 2002 opinion of the Department's Office of General Counsel applying 216.7(c) to third-party total losses is reported by a law-firm 50-state survey (Matthiesen, Wickert & Lehrer). We could not find the opinion itself. Section 216.7's preamble limits it to collision and comprehensive claims.", "We have not confirmed which databases DFS currently approves under 216.7(c)(1)(iii) (for example CCC ONE, Mitchell or J.D. Power). The manuals named in (c)(1)(i) (Redbook, NADA) are historical.", "Part 216 does not address title and registration fee reimbursement. The 'not required' reading comes from a law-firm state summary (Matthiesen, Wickert & Lehrer)." ], "dv_caveats": [ "We have not reviewed the Parkoff v. Stavsky opinion (2013 WL 4528799)." ], "reopen_window": { "window": "35 calendar days after the payment is mailed", "citation": "11 NYCRR 216.7(c)(4)" }, "vehicle_sales_tax": { "state_rate": 0.04, "summary": "4% state rate plus local rate (about 3%-4.75%) of the buyer's residence, plus 0.375% in the Metropolitan Commuter Transportation District. Combined rates typically 7%-8.875%.", "source_url": "https://www.tax.ny.gov/pubs_and_bulls/tg_bulletins/st/motor_vehicles_and_boats.htm", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "new-york", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/new-york", "diminished_value": "https://fairmarkvalue.com/diminished-value/new-york" }, "fees_first_party": "not_stated", "sales_tax_third_party": "unclear" }, { "code": "NC", "name": "North Carolina", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "When damage, including original and supplemental claims, equals or exceeds 75% of the vehicle's pre-accident actual cash value, the insurer must designate the car a total loss, pay the pre-accident value, and take the salvage title. Insurers, adjusters, appraisers and others may not agree to hold repair estimates below 75% to avoid a total loss.", "citation": "11 NCAC 04 .0418(c), (j) (readopted eff. Oct. 1, 2020)", "source_url": "https://ncdoi.gov/media/1477/open", "governs": "insurer" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "Applicable sales tax and vehicle registration fees must be included in the actual cash value settlement of a total-loss vehicle. The exception is when the claimant keeps the salvage. The rule does not condition this on buying a replacement. If the insurer elects to replace the car, the replacement must be substantially similar and paid for by the insurer, subject only to the deductible and any extra options the claimant chooses. Note: North Carolina generally collects a highway-use tax instead of sales tax when a vehicle title is transferred (NCDMV, https://www.ncdot.gov/dmv/title-registration/taxes/Pages/default.aspx). How insurers apply the rule's 'applicable sales tax' wording to that tax was not confirmed.", "citation": "11 NCAC 04 .0418(f), (m)", "source_url": "https://ncdoi.gov/media/1477/open" }, "valuation_method_rules": { "summary": "If the insurer and claimant cannot agree on actual cash value, the offer must be based on both (1) published regional average values (the rule names NADA and Kelley Blue Book as examples) of substantially similar vehicles (same make, model and year) and (2) the retail cost of two or more substantially similar vehicles available, or available within 90 days of the accident, in the local market area. The local market area is a 100-mile radius of where the car is garaged, expandable in 50-mile steps. If no such vehicle can be found, the offer may use quotes from two or more licensed dealers in that area. The offer may be adjusted for condition, options, equipment and mileage, less unrepaired prior damage. The insurer must consider the owner's evidence (receipts, photos) that the car was in better condition. Any deviation must be documented in the claim file, every deduction (including salvage or prior damage) must be itemized with its amount, and the supporting documentation must be shared with the claimant. On request, the payment must come with a written statement listing the estimates, evaluations and deductions used and their sources. If salvage value is deducted and the owner keeps the car, the insurer must name a salvage dealer who will buy it for that amount on request. The insurer pays reasonable towing and storage until 3 days after written notice that it will stop.", "citation": "11 NCAC 04 .0418(b), (d), (e), (g)-(i), (k), (l), (n)", "source_url": "https://ncdoi.gov/media/1477/open" }, "claim_timelines": { "summary": "Specific deadlines found: the insurer must inspect the damaged vehicle (physically or digitally) within 10 business days of receiving the claim, or explain the delay. It may not refuse a physical inspection if the claimant asks for one. Claim payments must be mailed or delivered within 10 business days after the claim is settled. We could not confirm a general rule-based deadline for acknowledging the claim or for accepting or denying it. G.S. 58-63-15(11) requires reasonably prompt acknowledgment and action as a general standard.", "citation": "11 NCAC 04 .0419(c)(2)-(3); 11 NCAC 04 .0421(b)(1); G.S. 58-63-15(11)", "source_url": "https://ncdoi.gov/media/1477/open", "deadlines": { "acknowledge": "Inspection within 10 business days", "decide": null, "pay": "10 business days after settlement" } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing, send receipts and photos showing better-than-average condition (the insurer must consider them under .0418(g)), and ask for the written statement of estimates, deductions and sources (.0418(i)). They can also invoke the policy's appraisal clause if it has one, file a complaint with NCDOI, or sue in small claims or district court. For a third-party diminished-value dispute, G.S. 20-279.21(d1) provides a statutory appraisal process: NCDOI's rules confirm it, define the 'disinterested appraiser' it uses, and require the two sides' written appraisal reports to be exchanged (.0421(d), .0425(4)). The trigger reported for it (estimates differing by more than $2,000 or 25% of pre-accident fair market retail value, whichever is less) and the 15-day window to reject the umpire's report come from an unofficial copy of the statute and are not confirmed against the official text. A release signed after a repair does not bar a later claim for latent damage, or for third-party diminution in value that could not be known until after the repair, if brought within the G.S. 1-52(16) limitation period (.0421(b)(4)-(5)).", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: G.S. 20-279.21(d1) requires liability policies to provide an appraisal method for disputes over diminution in fair market value. NCDOI rules define 'diminution in fair market value' as the difference in value immediately before the accident and after repairs are completed. They also preserve a third-party DV claim even after a repair release. First-party: no North Carolina statute or modern appellate holding giving a first-party DV right was found, and the (d1) process sits in the liability-policy statute. In Pierce v. American Fidelity Fire Ins. Co. (N.C. 1954), the insurer elected to repair and the car was not properly restored. The court held the insurer was bound to restore the car to its former condition. It approved a damages charge measured by the difference between fair market value just before the collision and after the repairs. That supports a claim when the insurer's own repair fails, not a general first-party DV right.", "citation": "G.S. 20-279.21(d1); 11 NCAC 04 .0421(b)(5), (c)-(d); 11 NCAC 04 .0425(3)-(4); Pierce v. American Fidelity Fire Ins. Co., 240 N.C. 567 (1954)", "source_url": "https://ncdoi.gov/media/1477/open", "appraisal": { "summary": "For a dispute with the at-fault driver's insurer over diminished value, G.S. 20-279.21(d1) provides a statutory appraisal process. NCDOI's rules confirm it, define the 'disinterested appraiser' it uses, and require the two sides' written appraisal reports to be exchanged (.0421(d), .0425(4)). The trigger reported for it (estimates differing by more than $2,000 or 25% of pre-accident fair market retail value, whichever is less) and the 15-day window to reject the umpire's report come from an unofficial copy of the statute and are not confirmed against the official text. A release signed after a repair does not bar a later claim for third-party diminution in value that could not be known until after the repair, if brought within the G.S. 1-52(16) limitation period (.0421(b)(4)-(5)).", "citation": "G.S. 20-279.21(d1); 11 NCAC 04 .0421(b)(4)-(5), (d); 11 NCAC 04 .0425(4)", "source_url": "https://ncdoi.gov/media/1477/open" } }, "statute_of_limitations_property_damage": { "years": 3, "citation": "G.S. 1-52(4) (taking, detaining, converting or injuring goods or chattels); see also G.S. 1-52(16) on accrual for latent property damage", "source_url": "https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_1/GS_1-52.pdf" }, "doi": { "name": "North Carolina Department of Insurance", "complaint_url": "https://www.ncdoi.gov/consumers/assistance-or-file-complaint", "phone": "855-408-1212 (toll-free consumer helpline); 919-807-6800" }, "confidence": "medium", "tl_caveats": [ "We could not open G.S. 1-52(4) (3 years) and 1-52(16). The 3-year period matches Department rule .0421(b)(4)-(5)'s reference to G.S. 1-52(16), but we have not confirmed the statute text.", "We found no rule-based deadline for acknowledging, accepting or denying an auto physical damage claim. Secondary sources cite 30 days; that is unconfirmed.", "The rule text comes from the Department's May 6, 2020 notice of rules readopted October 1, 2020. We could not open the current NC Administrative Code, so later amendments are not ruled out.", "North Carolina collects a highway-use tax instead of sales tax at title transfer. It is unconfirmed whether the Department or insurers treat that tax as the 'applicable sales tax' under .0418(f)." ], "dv_caveats": [ "We could not open the text of G.S. 20-279.21(d1), so its $2,000 / 25% trigger and 15-day rejection window are unconfirmed. Department rules .0421 and .0425 confirm only that (d1) exists and concerns loss in fair market value.", "We could not open G.S. 1-52(4) (3 years) and 1-52(16). The 3-year period matches Department rule .0421(b)(4)-(5)'s reference to G.S. 1-52(16), but we have not confirmed the statute text.", "We found no controlling North Carolina authority on diminished value under your own policy, and have not reviewed the NC Rate Bureau personal auto policy wording. Pierce (1954) is limited to an insurer-elected repair that failed." ], "vehicle_sales_tax": { "state_rate": 0.03, "summary": "3% highway use tax on the sale price, in lieu of sales tax, at title transfer. Max $250 for a vehicle titled in the owner's name in another state at least 90 days (new residents); $2,000 cap for Class A/B commercial vehicles and RVs. Insurer salvage-title transfers are exempt. No local add-on.", "source_url": "https://www.ncdot.gov/dmv/title-registration/taxes/Pages/default.aspx", "tax_type": "highway_use_tax", "local_rates_add": false, "cap": "$250 for out-of-state-titled vehicles of new residents; $2,000 commercial/RV", "confidence": "high", "additional_sources": [ "https://codes.findlaw.com/nc/chapter-105-taxation/nc-gen-st-sect-105-187-3/", "https://codes.findlaw.com/nc/chapter-105-taxation/nc-gen-st-sect-105-187-6/" ] }, "slug": "north-carolina", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/north-carolina", "diminished_value": "https://fairmarkvalue.com/diminished-value/north-carolina" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "ND", "name": "North Dakota", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "The owner of a vehicle damaged in excess of 75% of its retail value, as determined by the NADA Official Used Car Guide, must forward the title to the Department within 10 days for a salvage certificate of title. Glass and hail damage are excluded from the calculation. This is a title-branding rule. No separate statute or Insurance Department rule telling insurers when they must declare a total loss was found.", "citation": "N.D.C.C. § 39-05-20.2(1)", "source_url": "https://www.ndlegis.gov/cencode/t39c05.pdf", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No North Dakota statute or Insurance Department rule was found requiring insurers to include motor vehicle excise tax (North Dakota's tax in place of sales tax), title or registration fees in a first-party total-loss settlement. Article 45-05 of the Administrative Code (property and casualty) has no total-loss or claim-settlement chapter. Separately, the excise-tax statute gives the owner a credit on a replacement purchase. When an owner whose vehicle was stolen or totally destroyed buys a replacement, a trade-in-style credit applies against the purchase price of one or more replacements. It is capped at the total insurance compensation plus the owner's deductible. For a leased vehicle, the credit may not exceed the excise tax paid. The buyer must give the Department of Transportation a notarized insurer statement, within 3 years of issuance, confirming the total loss, the amount paid and the deductible. This lowers the tax on a replacement; it does not require the insurer to pay tax.", "citation": "None found for an insurer duty; replacement credit in N.D.C.C. § 57-40.3-01(5) ('purchase price' definition)", "source_url": "https://www.ndlegis.gov/cencode/t57c40-3.pdf" }, "valuation_method_rules": { "summary": "No North Dakota-specific total-loss valuation rule was found (nothing on comparables, distance, dealer quotes or itemized deductions). The only general standard is the Unfair Claim Settlement Practices statute. It prohibits, as a general business practice, failing to attempt in good faith to settle promptly, fairly and equitably once liability is reasonably clear. It also prohibits compelling insureds to sue by offering substantially less than is ultimately recovered.", "citation": "N.D.C.C. § 26.1-04-03(9)(d)-(e)", "source_url": "https://www.ndlegis.gov/cencode/t26-1c04.pdf" }, "claim_timelines": { "summary": "No numeric deadlines found. The statute requires insurers to acknowledge pertinent claim communications 'with reasonable promptness' and to affirm or deny coverage 'within a reasonable time' after proof of loss is completed.", "citation": "N.D.C.C. § 26.1-04-03(9)(b), (j)", "source_url": "https://www.ndlegis.gov/cencode/t26-1c04.pdf", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing with their own comparable listings and ask how the value was calculated. They can also invoke the policy's appraisal clause if it has one, or sue (small claims or district court). A complaint can be filed with the North Dakota Insurance Department through the online NAIC form linked from its complaints page. The Department says it cannot demand that an insurer state an ACV figure or a valuation process, or rule on factual disputes. It only checks compliance with insurance law and the policy, so a complaint is a weak lever on valuation alone. For third-party claims, North Dakota damages are the lesser of repair cost or loss in value (N.D.C.C. § 32-03-09.1).", "diminished_value": { "third_party": "not_recoverable", "first_party": "unclear", "summary": "Third-party: N.D.C.C. § 32-03-09.1 presumes the measure of damages for injury to property is the reasonable repair cost plus loss of use. The before/after market-value difference applies only if restoration is impossible or impracticable, and restoration is impracticable when repair plus loss of use exceeds the loss in market value. In Sullivan v. Pulkrabek, 2000 ND 107, the North Dakota Supreme Court held that the statute makes the lesser of the two measures the proper standard. A plaintiff who had already received the full repair cost had received the full measure of damages and could not recover post-repair value loss on top of it. First-party: no North Dakota decision found.", "citation": "N.D.C.C. § 32-03-09.1; Sullivan v. Pulkrabek, 2000 ND 107, 611 N.W.2d 162", "source_url": "https://www.ndlegis.gov/cencode/t32c03.pdf" }, "statute_of_limitations_property_damage": { "years": 6, "citation": "N.D.C.C. § 28-01-16(4) (taking, detaining, or injuring goods or chattels)", "source_url": "https://www.ndlegis.gov/cencode/t28c01.pdf" }, "doi": { "name": "North Dakota Insurance Department", "complaint_url": "https://www.insurance.nd.gov/consumers/complaints", "phone": "701-328-2440" }, "confidence": "high", "tl_caveats": [ "Whether insurers in practice pay excise tax, title or registration fees on a North Dakota total loss is unconfirmed. We found no statute, rule or bulletin requiring it, and have not searched Insurance Department bulletins.", "The complaints page shows no toll-free number; it lists (701) 328-2440 and insurance@nd.gov." ], "dv_caveats": [ "We found no North Dakota appellate decision on diminished value under your own policy.", "The complaints page shows no toll-free number; it lists (701) 328-2440 and insurance@nd.gov." ], "vehicle_sales_tax": { "state_rate": 0.05, "summary": "5% motor vehicle excise tax on the price less trade-in, in place of state and local sales tax.", "source_url": "https://www.tax.nd.gov/sites/www/files/documents/guidelines/business/sales-use/gl-21963.pdf", "tax_type": "motor_vehicle_excise_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "north-dakota", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/north-dakota", "diminished_value": "https://fairmarkvalue.com/diminished-value/north-dakota" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "OH", "name": "Ohio", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "We found no Ohio statute or Department of Insurance rule setting a repair-cost percentage at which a car must be declared a total loss. The insurer makes the total-loss decision under the policy. Ohio Adm.Code 3901-1-54 regulates how total losses are settled, not when a car is totaled.", "citation": "None found; settlement standards in Ohio Adm.Code 3901-1-54(H)(6)-(7)", "source_url": "https://www.law.cornell.edu/regulations/ohio/Ohio-Admin-Code-3901-1-54", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required_on_proof_of_purchase", "summary": "Cash settlement: if the claimant buys a replacement within 30 days of receiving the settlement, the insurer must reimburse the sales tax actually paid. The reimbursement is capped at the tax on a vehicle worth the settlement amount, and only actual tax is owed on a cheaper car. The claimant must document the purchase and tax within 33 days of receiving the settlement or lose the right. The insurer may instead pay the sales tax up front with the settlement. If it does not, it must give written notice of the reimbursement right together with the settlement check. Replacement-vehicle offers: the insurer must pay all applicable taxes, license fees and other ownership-transfer fees, at no cost to the claimant other than the deductible. The rule does not expressly address title and registration fees on a cash settlement.", "citation": "Ohio Adm.Code 3901-1-54(H)(6)(c), (H)(7)(f)-(g)", "source_url": "https://www.law.cornell.edu/regulations/ohio/Ohio-Admin-Code-3901-1-54", "purchase_window_days": 30, "proof_deadline_days": 33 }, "valuation_method_rules": { "summary": "A cash settlement must be based on the actual cost to buy a comparable automobile, less the deductible and any proper betterment. The rule lists four sources in order of use. (a) The average cost of two or more comparable vehicles in the local market area that are, or were within the last 90 days, available to consumers. (b) If none, the average of two or more comparables in nearby areas, including the closest in-state or out-of-state major metro areas, within 90 days. (c) If none, the average of two or more quotes from licensed dealers in the local market area. (d) A recognized used-vehicle source. That can be an electronic database (the rule names no vendor; CCC, Mitchell and Audatex are the common ones), if the insurer gives the claimant the pertinent valuation documents on request. Or it can be a public guidebook, if the insurer identifies it on request, with documented adjustments for condition, mileage and major options. The chosen method must be used consistently. The insurer must keep the valuation documentation in the claim file and give it to the first-party claimant on request. It must tell the claimant of the right to renegotiate if a comparable vehicle cannot be bought within 35 days of receiving the settlement. Betterment, depreciation and comparative-negligence deductions must be itemized in dollars. Betterment is allowed only for a measurable decrease in market value from poorer condition or prior damage, capped at part replacement cost. The claimant cannot be required to travel an unreasonable distance to inspect a replacement.", "citation": "Ohio Adm.Code 3901-1-54(H)(2)-(3), (H)(7)(a)-(f), (H)(8)", "source_url": "https://www.law.cornell.edu/regulations/ohio/Ohio-Admin-Code-3901-1-54" }, "claim_timelines": { "summary": "The insurer must acknowledge a claim within 15 days of notice; providing claim forms and instructions, or paying, within 15 days also counts. It must respond within 15 days to claimant communications that suggest a response is appropriate. It must accept or deny within 21 days after receiving a properly executed proof of loss. If it needs more time, it must notify the claimant within those 21 days and then send written status updates at least every 45 days. Payment to a first-party claimant is due within 10 days after the claim is accepted, if the amount is determined and not in dispute. An unrepresented claimant must get notice at least 60 days before a statute of limitations or contractual time limit expires. 'Days' means calendar days.", "citation": "Ohio Adm.Code 3901-1-54(C)(5), (F)(2)-(3), (G)(1), (G)(5)-(6)", "source_url": "https://www.law.cornell.edu/regulations/ohio/Ohio-Admin-Code-3901-1-54", "deadlines": { "acknowledge": "15 days", "decide": "21 days after proof of loss", "pay": "10 days after acceptance" } }, "consumer_can_reject_and_keep_negotiating": "A release-language payment is not allowed unless the policy limit is paid or a compromise is agreed (3901-1-54(E)(5)-(6)), so the owner can dispute the valuation in writing. They can ask for the valuation documents (H)(7)(d)(i) and claim-file documentation (H)(7)(f), and give notice within 35 days if no comparable car can be bought for the settlement amount. They can also invoke the policy appraisal clause if present, file a complaint with the Ohio Department of Insurance, or sue: small claims or municipal/county court against the at-fault driver for a third-party claim, or a contract claim against their own insurer. Rule 3901-1-54 states that it creates no private cause of action.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: Rakich v. Anthem Blue Cross & Blue Shield (Ohio App. 10th Dist. 2007) held that the trial court erred in ruling that residual diminution in value beyond the cost of repairs is unavailable as a matter of law in Ohio. A plaintiff may prove that repairs did not make them whole. Falter v. City of Toledo (Ohio 1959) states the general rule that the measure for damaged personal property is the difference in market value immediately before and after the injury, with repair cost as a limit. First-party: intermediate appellate decisions reported in a law-firm survey (Nationwide Mut. Ins. Co. v. Shah, 2004-Ohio-1291; Kent v. Cincinnati Ins. Co., 12th Dist. 2001) denied DV under the policy language at issue. Those opinions were not reviewed in primary text.", "citation": "Rakich v. Anthem Blue Cross & Blue Shield, 172 Ohio App.3d 523, 2007-Ohio-3739; Falter v. Toledo, 169 Ohio St. 238 (1959); Nationwide Mut. Ins. Co. v. Shah, 2004-Ohio-1291 (5th Dist.)", "source_url": "https://static.case.law/ohio-app-3d/172/cases/0523-01.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "R.C. 2305.10(A) (action for injury to personal property: two years)", "source_url": "https://codes.ohio.gov/ohio-revised-code/section-2305.10" }, "doi": { "name": "Ohio Department of Insurance", "complaint_url": "https://insurance.ohio.gov/about-us/complaint-center/submit-insurance-complaint", "phone": "800-686-1526 (Consumer Services); 614-644-2658" }, "confidence": "high", "tl_caveats": [ "We used the rule (Ohio Adm.Code 3901-1-54) as published by Cornell's Legal Information Institute (effective February 14, 2022; five-year review dates November 30, 2021 and August 31, 2026). The August 31, 2026 review date has passed, so a late-2026 amendment or refiling cannot be ruled out.", "We could not recheck the text of R.C. 2305.10(A) (two years) against the official code.", "We found no Ohio statutory total-loss percentage, and have not reviewed R.C. 4505.11 (salvage titles)." ], "dv_caveats": [ "We could not recheck the text of R.C. 2305.10(A) (two years) against the official code.", "The first-party cases Shah (5th Dist. 2004) and Kent (12th Dist. 2001) are cited from a law-firm 50-state survey (Matthiesen, Wickert & Lehrer, updated March 2022); we have not reviewed them in full. Rakich is a 10th District (Franklin County) decision, so other districts may differ." ], "vehicle_sales_tax": { "state_rate": 0.0575, "summary": "5.75% state rate plus the county permissive and transit rate of the buyer's county of residence (combined max 8.75%). The dealer remits through the clerk of courts at titling.", "source_url": "https://tax.ohio.gov/business/sales-and-use-tax/motor-vehicles", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "ohio", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/ohio", "diminished_value": "https://fairmarkvalue.com/diminished-value/ohio" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "OK", "name": "Oklahoma", "total_loss_threshold": { "type": "tlf", "percent": null, "summary": "For the Unfair Claims Settlement Practices Act's motor vehicle section, 'total loss' means repair costs plus salvage value meet or exceed the vehicle's pre-loss actual cash value, as provided in used-car dealer guidebooks (a total loss formula). Separately, the salvage-title statute requires a salvage title when an insurer pays a less-than-total loss but repairs for safe highway operation exceed a set percentage of fair market value. SB 1920 (2026) raised that percentage from 60% to 70%, effective November 1, 2026. It became law without the Governor's signature on May 13, 2026. The title rule covers vehicles from the last 10 model years.", "citation": "36 O.S. § 1250.8(M) ('total loss' definition); 47 O.S. § 1111(C), as amended by SB 1920 (2026), eff. Nov. 1, 2026", "source_url": "https://www.oklegislature.gov/BillInfo.aspx?Bill=SB1920&Session=2600", "governs": "insurer", "law_change": { "name": "SB 1920 (2026)", "effective": "2026-11-01", "summary": "Oklahoma's salvage-title threshold rises from 60% to 70% of fair market value for losses on or after November 1, 2026. It applies when an insurer pays a less-than-total loss but repairs for safe highway operation exceed that share of the car's value, and it covers vehicles from the last 10 model years. The bill became law without the Governor's signature on May 13, 2026. Losses before November 1, 2026 fall under the 60% rule.", "citation": "47 O.S. § 1111(C), as amended by SB 1920 (2026)", "source_url": "https://www.oklegislature.gov/BillInfo.aspx?Bill=SB1920&Session=2600" } }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "A first-party cash settlement must be based on the actual cost, less the deductible, to buy a comparable vehicle, including all applicable taxes, license fees and other ownership-transfer fees. A replacement-vehicle offer must also cover all taxes, license fees and transfer fees at no cost other than the deductible. The statute does not condition this on buying a replacement.", "citation": "36 O.S. § 1250.8(A)(1)-(2)", "source_url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.rtf" }, "valuation_method_rules": { "summary": "The insurer may offer a specific comparable replacement vehicle (documented in the claim file) or a cash settlement. The cash cost may be set by (a) the cost of a comparable vehicle in the local market area, if one is currently or was within the prior 90 days available; (b) if none, one of two or more quotes from qualified dealers in the local market area; or (c) the cost of a comparable vehicle in the latest NADA Official Used Car Guide or another nationally recognized published guidebook. Any deviation must be supported by documentation of the vehicle's condition. Deductions, including salvage, must be measurable, discernible, itemized, specified in dollars and appropriate in amount. The basis of the settlement must be fully explained to the first-party claimant. Betterment and depreciation deductions must be itemized and documented. The claimant may not be required to travel unreasonably to inspect a replacement or get an estimate. A third-party total loss check must name any registered lienholder as co-payee.", "citation": "36 O.S. § 1250.8(A), (B), (D), (G), (L)", "source_url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.rtf" }, "claim_timelines": { "summary": "Property and casualty insurers must acknowledge a claim within 30 days after notice unless they pay within that time. Providing claim forms and instructions within 30 days also counts. They must give an adequate response within 30 days to written communications, or documented verbal ones, that reasonably suggest a response is expected. Within 60 days after receiving properly executed proofs of loss, the first-party claimant must be told whether the claim is accepted or denied, or that more investigation is needed. A denial must be in writing and cite the policy provision relied on. The investigation must be completed within 60 days after proof of loss unless that is not reasonably possible. If it is still incomplete, the insurer must send a letter explaining why within 60 days of its first notice. The investigation may not exceed 120 days after proof of loss, except for fraud or arson investigations supported by specific information. After a Governor-declared catastrophe, the Commissioner may add 20 days to these deadlines. Unrepresented claimants must get written notice that a statute of limitations or policy time limit may be expiring. The current statute says that notice goes to first-party and third-party claimants 'one year after the date of the loss'. These time limits stop applying once a lawsuit is filed on the claim. No first-party payment deadline after acceptance was found.", "citation": "36 O.S. §§ 1250.4(C), 1250.6(A)-(B), 1250.7(A), (C), (E), (G)", "source_url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.rtf", "deadlines": { "acknowledge": "30 days", "decide": "60 days after proof of loss", "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the valuation in writing and ask for the itemized basis, which § 1250.8(B) says must be fully explained to a first-party claimant. They can invoke the policy appraisal clause if the policy has one, file a complaint with the Oklahoma Insurance Department, or sue (small claims or district court against the at-fault driver for third-party claims). HB 4488 (2026) would have required an appraisal provision for motor vehicle total-loss and damage claims. It passed the House 64-30 on March 25, 2026, was referred to the Senate Business and Insurance Committee on April 1, 2026, and saw no further action. There is no statutory appraisal right.", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: Brennen v. Aston, 2003 OK 91, held that damages are not limited to repair cost when repairs failed to restore the property to its pre-damage condition. In such cases, repair cost plus the remaining diminution in value is ordinarily the proper measure. OUJI 4.14 correctly states Oklahoma law insofar as it permits post-repair depreciation. In Brennen the expert called the repair excellent and blamed the value loss on the nature of the damage, and the DV award was upheld. 23 O.S. § 61 (compensation for all detriment proximately caused) underpins the rule. First-party: no modern Oklahoma decision found. Phoenix Ins. Co. v. Diffie (Okla. 1954) used a before/after market value measure, but under older policy language.", "citation": "Brennen v. Aston, 2003 OK 91, 84 P.3d 99; 23 O.S. § 61", "source_url": "https://static.case.law/p3d/84/cases/0099-01.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "12 O.S. § 95(A)(3) (two years for taking, detaining or injuring personal property)", "source_url": "https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os12.rtf" }, "doi": { "name": "Oklahoma Insurance Department", "complaint_url": "https://www.oid.ok.gov/consumers/file-an-online-complaint/", "phone": "800-522-0071 (toll-free); 405-521-2828 (OKC); 918-295-3700 (Tulsa)" }, "confidence": "medium", "tl_caveats": [ "The official compiled Title 36 we used (last modified December 31, 2025) is current through the 2025 session. We have not screened 2026 session laws amending §§ 1250.4-1250.8, apart from confirming that HB 4488 did not pass.", "The 'one year after the date of the loss' notice wording in § 1250.7(E) (from Laws 2021, c. 478) is unusual and differs from the NAIC model's 30/60-days-before-expiry rule. We have not checked how the Insurance Department enforces it.", "The SB 1920 70% salvage-title threshold applies from November 1, 2026. Earlier losses fall under the 60% rule.", "We found no first-party payment deadline after acceptance in §§ 1250.1-1250.18." ], "dv_caveats": [ "Diminished value under your own policy is unsettled in Oklahoma. Phoenix v. Diffie is cited from a law-firm survey; we have not reviewed the opinion." ], "vehicle_sales_tax": { "state_rate": 0.045, "summary": "Excise in lieu of sales tax: new vehicles 3.25% of price. Used vehicles: $20 on the first $1,500 plus 3.25% of the remainder. A 1.25% state sales tax on motor vehicles is added (since July 1, 2017), so the effective state rate is about 4.5%. Local sales taxes not applied (medium confidence).", "source_url": "https://oklahoma.gov/content/dam/service-oklahoma/Documents/annual-vehicle-reg-report/2025%20Annual%20Vehicle%20Registration%20Report.pdf", "tax_type": "motor_vehicle_excise_tax", "local_rates_add": false, "cap": "Used: $20 flat on first $1,500 of value", "confidence": "high", "additional_sources": [ "https://oklahoma.gov/content/dam/ok/en/tax/documents/resources/reports/annual-reports/otc/AR-2025.pdf" ], "formula_used": "20 + 0.0325*max(0, price-1500) + 0.0125*price" }, "slug": "oklahoma", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/oklahoma", "diminished_value": "https://fairmarkvalue.com/diminished-value/oklahoma" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "OR", "name": "Oregon", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "For an insured loss, a 'totaled vehicle' is one the insurer obligated to cover the loss declares a total loss, or one it takes possession of or title to. The 80% repair-cost test (estimated repairs at least 80% of pre-damage retail market value) applies only to damage not covered by an insurer.", "citation": "ORS 801.527(1), (3)", "source_url": "https://oregon.public.law/statutes/ors_801.527", "governs": "none", "non_insurer_percent": 80 }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "A cash settlement must include all applicable taxes, license fees and other fees incident to transfer of ownership of a comparable automobile, less the deductible. A replacement-vehicle offer must likewise be at no cost other than the deductible. Oregon has no general sales tax, so this mainly covers title, registration and other transfer fees, plus any applicable vehicle taxes. The cash-settlement provisions, section (3), also apply to third-party claimants.", "citation": "OAR 836-080-0240(2)-(3), (14)", "source_url": "https://oregon.public.law/rules/oar_836-080-0240" }, "valuation_method_rules": { "summary": "Value may be based on one of three standards. (a) A computerized database (the rule names no vendor; CCC, Mitchell and Audatex are the common ones) that produces statistically valid fair market values and meets set criteria. It must cover at least 85% of makes and models for the last 15 model years and use vehicles available now or within 90 days of the loss. It must derive values for cars 5 model years old or newer primarily from licensed-dealer data or inventory, and give primary consideration to the local market area where the car was garaged. (b) The actual cost of a specific comparable replacement the insurer identifies, including taxes and fees. Comparable means same make, same or newer year, similar body style, options and mileage, as good or better condition, and available within a reasonable distance. (c) A documented alternative allowed by the policy. Under (c), deductions, including salvage the claimant keeps, must be measurable, discernible, itemized, specified in dollars, and fully explained in writing. With any cash settlement, the insurer must give the insured copies of the information it used to set the value. It must also give the Exhibit 1 written statement of rights to the insured or third-party claimant. Betterment and depreciation deductions must be itemized and documented in the claim file. The claimant cannot be required to travel unreasonably to inspect a replacement.", "citation": "OAR 836-080-0240(2)-(4), (9), (13)", "source_url": "https://oregon.public.law/rules/oar_836-080-0240" }, "claim_timelines": { "summary": "The insurer must acknowledge or pay the claim within 30 days of notice, and reply within 30 days to other pertinent claimant communications that reasonably call for a response. It must complete its investigation within 45 days of notice unless that cannot reasonably be done. It must tell a first-party claimant within 30 days of receiving properly executed proofs of loss whether the claim is accepted or denied, and any denial must be in writing. If it needs more time, it must say so within those 30 days and then send written reasons every 45 days. Unrepresented claimants must get written notice before a time limit expires: at least 30 days ahead for first-party claimants, 60 days ahead for third-party claimants. If the parties disagree on value, the insurer must pay the undisputed amount once the owner agrees to sign transfer documents and lets the car be moved and held for inspection for at least 14 days.", "citation": "OAR 836-080-0225(1), (3); 836-080-0230; 836-080-0235(1), (4), (6); 836-080-0240(5)", "source_url": "https://oregon.public.law/rules/oar_836-080-0235", "deadlines": { "acknowledge": "30 days", "decide": "30 days after proof of loss", "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Yes. If the parties cannot agree on value, the insurer must pay the undisputed amount while the dispute continues (OAR 836-080-0240(5)). If the insured tells the insurer within 35 days of receiving the check that a comparable car cannot be bought for the settlement amount, the insurer must reopen the claim. It may then find a comparable car at that price, pay the difference for one the insured found, offer a replacement, or resolve it through the policy's appraisal clause (0240(6)). This reopening right applies only to the insured's first-party claim, and not if the settlement documents identified a specific available comparable car by VIN or another specific identifier (0240(7)). When a policy's appraisal clause is used, the insurer must reimburse reasonable appraisal costs if the final appraisal exceeds its last offer (ORS 742.466(2)). If the policy has no independent-appraisal clause, the dispute is subject to DCBS rules (ORS 742.466(3)). The owner can also file a complaint with the Division of Financial Regulation, or sue (small claims or circuit court).", "diminished_value": { "third_party": "unclear", "first_party": "recoverable", "summary": "First-party: in Gonzales v. Farmers Ins. Co. of Oregon (2008), the Oregon Supreme Court held that 'repair' in the policy at issue requires the insurer to restore the vehicle to its pre-loss physical condition. If the insurer does not or cannot, it must compensate the insured for the vehicle's diminished value. The court expressly did not decide whether the policy covers a claim based solely on 'stigma' after a full physical restoration. It also noted that insurers may define 'repair' in their policies to exclude diminished value, so check the policy. Third-party: no Oregon appellate holding squarely allowing post-repair DV against an at-fault driver was found. EAM Advertising Agency v. Helies (Or. App. 1998) acknowledged DV evidence could be considered but found none was presented. Recovery is plausible under general tort damages principles, but unconfirmed.", "citation": "Gonzales v. Farmers Ins. Co. of Oregon, 345 Or. 382, 196 P.3d 1 (2008); Dunmire Motor Co. v. Oregon Mut. Fire Ins. Co., 166 Or. 690, 114 P.2d 1005 (1941); EAM Advertising Agency v. Helies, 954 P.2d 812 (Or. App. 1998)", "source_url": "https://static.case.law/or/345/cases/0382-01.json" }, "statute_of_limitations_property_damage": { "years": 6, "citation": "ORS 12.080(4) (taking, detaining or injuring personal property)", "source_url": "https://oregon.public.law/statutes/ors_12.080" }, "doi": { "name": "Oregon Division of Financial Regulation (Department of Consumer and Business Services)", "complaint_url": "https://dfr.oregon.gov/business/reg/dfr-market-regulation/pages/dfr-consumer-advocacy.aspx", "phone": "888-877-4894 (toll-free consumer hotline)" }, "confidence": "medium", "tl_caveats": [ "We used the oregon.public.law copy of the Oregon rules and statutes, which says it accessed them on May 26, 2025. Later amendments are not ruled out.", "We could not test the Division of Financial Regulation complaint page; it is unconfirmed, not known to be broken. Call 888-877-4894 to confirm before you file." ], "dv_caveats": [ "We used the oregon.public.law copy of the Oregon rules and statutes, which says it accessed them on May 26, 2025. Later amendments are not ruled out.", "We could not test the Division of Financial Regulation complaint page; it is unconfirmed, not known to be broken. Call 888-877-4894 to confirm before you file.", "We found no Oregon appellate decision on third-party diminished value. EAM v. Helies is cited from a law-firm survey; we have not reviewed the opinion.", "We have not reviewed whether Oregon policies written after 2008 commonly exclude diminished value in their definition of 'repair'." ], "reopen_window": { "window": "35 days of receiving the check", "citation": "OAR 836-080-0240(6)" }, "vehicle_sales_tax": { "state_rate": 0, "summary": "No sales tax on used-vehicle purchases. A 0.5% vehicle privilege tax applies only to dealer sales of new vehicles (7,500 miles or less, GVWR 26,000 lb or less), with a matching use tax on new vehicles bought out of state.", "source_url": "https://www.oregon.gov/dor/programs/businesses/pages/vehicle-privilege-and-use-taxes.aspx", "tax_type": "none", "local_rates_add": false, "cap": null, "confidence": "high", "new_vehicle_rate": 0.005 }, "slug": "oregon", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/oregon", "diminished_value": "https://fairmarkvalue.com/diminished-value/oregon" }, "fees_first_party": "required", "sales_tax_third_party": "required" }, { "code": "PA", "name": "Pennsylvania", "total_loss_threshold": { "type": "tlf", "percent": null, "summary": "A vehicle is appraised as a total loss, valued at replacement value, when the cost of repair exceeds its appraised value minus salvage value, or when it cannot be repaired to its pre-damaged condition.", "citation": "31 Pa. Code § 62.3(e)", "source_url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter62/s62.3.html", "governs": "insurer" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "Applicable sales tax on the replacement cost must be included in the replacement value of a total-loss vehicle. The regulation does not condition this on buying a replacement. It does not expressly address title, registration or tag-transfer fees.", "citation": "31 Pa. Code § 62.3(e)(4)", "source_url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter62/s62.3.html" }, "valuation_method_rules": { "summary": "Replacement value must be set by one of three methods. (1) Guide source method: the average of two retail book values from Commissioner-approved guides, adjusted for equipment and mileage, less unrepaired prior damage. The only other deduction allowed is salvage, and only if the owner keeps the car. (2) Actual cost method: the cost of an available vehicle of like kind and quality in similar or better condition, with its location stated in writing. (3) Dealer quotation method: the average of at least two dealer quotes. If the car is listed in two approved guides, the guide or actual-cost method is used. If the owner shows the actual-cost replacement is not of like kind and quality, both must be calculated and the higher value offered. Vehicles not listed in two approved guides, or that differ materially from the average (antique, classic, discontinued or unique), use the actual-cost or dealer-quotation method. If the dealer-quotation method is used, both calculations must be made and the higher offered. The appraiser's total loss evaluation report must name the persons who gave quotes, the dates, and whether a similar vehicle was available. The report must be sent to the consumer within 5 working days of completion, and the consumer must be told of it if an offer is made first. Betterment and depreciation deductions must be itemized in dollars. The claimant cannot be required to travel unreasonably. Reappraisal by a different licensed appraiser is not prohibited.", "citation": "31 Pa. Code § 62.3(e)(1)-(7), (g); 31 Pa. Code § 146.8(b), (e)", "source_url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter62/s62.3.html" }, "claim_timelines": { "summary": "The insurer must acknowledge a claim within 10 working days of notice, unless it pays within that time, and reply within 10 working days to other pertinent communications. It must provide claim forms and instructions within 10 working days. It must complete its investigation within 30 days of notice, or give a written explanation and expected decision date, repeated every 45 days. It must accept or deny a first-party claim in writing within 15 working days after receiving properly executed proofs of loss. If it needs more time, it must notify the claimant within those 15 working days, then 30 days later and every 45 days after that. Unrepresented claimants must get written notice before a time limit expires: 30 days ahead for first-party claimants, 60 days ahead for third-party claimants.", "citation": "31 Pa. Code §§ 146.5(a), (c)-(d); 146.6; 146.7(a)(1), (c)(1), (e)", "source_url": "https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/031/chapter146/s146.7.html", "deadlines": { "acknowledge": "10 working days", "decide": "15 working days after proof of loss", "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can dispute the valuation in writing and ask for the total loss evaluation report and its comparable and quote sources (§ 62.3(e)(5)-(7)). If the actual-cost replacement is not truly of like kind and quality, they can demand that both calculations be run and the higher one paid (§ 62.3(e)(2)). They can get an independent reappraisal (§ 62.3(g)), invoke the policy's appraisal clause if present, file a complaint with the Pennsylvania Insurance Department, or sue (magisterial district court or Court of Common Pleas).", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: Holt v. Pariser (Pa. Super. 1947) adopted Restatement of Torts § 928. Damages for harm to a chattel are the before/after difference in value or, at the plaintiff's election, reasonable repair cost 'with due allowance for any difference between the original value and the value after repairs,' plus loss of use. First-party: the only authority found is a 1999 Philadelphia Common Pleas ruling (Munoz v. Allstate), reported in a law-firm survey, rejecting a reasonable expectation of DV payment under an auto policy. There is no appellate holding.", "citation": "Holt v. Pariser, 161 Pa. Super. 315, 54 A.2d 89 (1947); Munoz v. Allstate Ins. Co., No. 9906-2855 (C.P. Phila. 1999)", "source_url": "https://static.case.law/pa-super/161/cases/0315-01.json" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "42 Pa.C.S. § 5524(3) (taking, detaining or injuring personal property)", "source_url": "https://www.palegis.us/statutes/consolidated/view-statute?txtType=PDF&ttl=42&div=0&chpt=055.&subchpt=000.&sctn=024.&subsctn=000." }, "doi": { "name": "Pennsylvania Insurance Department", "complaint_url": "https://www.pa.gov/agencies/insurance/consumer-help-center/complaints-questions-help", "phone": "1-877-881-6388" }, "confidence": "high", "tl_caveats": [ "31 Pa. Code § 62.3 does not address whether the insurer must also pay title, registration or tag-transfer fees on a cash total-loss settlement. We have not reviewed the Insurance Department's consumer guidance.", "We have not seen the current list of Commissioner-approved guide sources (published yearly in the Pennsylvania Bulletin).", "We found no regulatory deadline for paying a first-party claim after acceptance." ], "dv_caveats": [ "We found no Pennsylvania appellate decision on first-party diminished value. Munoz is a trial-court ruling cited from a law-firm 50-state survey (Matthiesen, Wickert & Lehrer, updated March 2022)." ], "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% state rate on the purchase price; Allegheny County residents pay 7% (+1% local) and Philadelphia residents 8% (+2% local).", "source_url": "https://www.pa.gov/content/dam/copapwp-pagov/en/penndot/documents/public/dvspubsforms/bmv/bmv-fact-sheets/fs-buysell.pdf", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "pennsylvania", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/pennsylvania", "diminished_value": "https://fairmarkvalue.com/diminished-value/pennsylvania" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "RI", "name": "Rhode Island", "total_loss_threshold": { "type": "percent", "percent": 75, "percent_max": 80, "summary": "An insurer may not declare a vehicle a total loss if the cost to rebuild it to pre-accident condition is less than '75% to 80%' of its pre-damage fair market value, unless the owner agrees in writing. The 'to eighty percent (80%)' wording was added to R.I. Gen. Laws § 27-9.1-4(a)(29) by 2025 P.L. chapters 472 and 473. DBR conformed its regulation by direct final amendment effective Feb. 27, 2026. Read conservatively, a car repairable for under 75% of fair market value cannot be totaled without written consent. Treatment between 75% and 80% is ambiguous. Fair market value is the retail value in a nationally recognized compilation that has been filed with and accepted by the Department.", "citation": "R.I. Gen. Laws § 27-9.1-4(a)(29), as amended by 2025 P.L. chs. 472 & 473; 230-RICR-20-40-2.8(A)(1)-(3) (amended eff. Feb. 27, 2026)", "source_url": "https://rules.sos.ri.gov/regulations/part/230-20-40-2", "governs": "insurer" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "A cash settlement must be based on fair market value, less any deductible, including all applicable taxes, title, registration and other fees incident to transfer of ownership of a comparable automobile. A replacement-vehicle offer must also cover them at no cost beyond the deductible. The regulation separately requires applicable sales tax in the settlement value of any total-loss claim. No proof of replacement purchase is required.", "citation": "230-RICR-20-40-2.8(A)(5)(a), (B)(1)(a)-(b), (E)(3)", "source_url": "https://rules.sos.ri.gov/regulations/part/230-20-40-2" }, "valuation_method_rules": { "summary": "A cash settlement uses fair market value, meaning the retail value from a nationally recognized compilation qualified by filing with the Department. Any betterment or depreciation adjustment must be supported by documentation of the car's condition. All deductions, including salvage, must be measurable, discernible, itemized, specified in dollars and appropriate. No deduction is allowed for reconditioning or dealer preparation. The basis for fair market value must be fully explained, and the claimant must get a copy of the valuation. If salvage is deducted, the insurer must name a salvage dealer who will buy it for that amount. A replacement offer must be the same manufacturer, same or newer year, with similar body style, options and mileage, in as good or better condition, and available at a licensed dealer within a reasonable distance. The claimant cannot be required to travel an unreasonable distance to inspect a replacement.", "citation": "230-RICR-20-40-2.3(A)(11), (17); 2.8(A)(5), (B)(1), (E)(2)", "source_url": "https://rules.sos.ri.gov/regulations/part/230-20-40-2" }, "claim_timelines": { "summary": "The insurer must acknowledge a claim in writing within 15 days, unless it pays within that time, and say whether rental coverage exists. It must reply in writing within 15 days to other pertinent communications. It must accept or deny a first-party claim in writing within 21 days after receiving properly executed proofs of loss. If it needs more time, it must notify the claimant within 21 days and then every 45 days. It must pay undisputed claims within 30 days of affirming liability. Notice of an expiring statute of limitations is required 30 days ahead for first-party claimants and 60 days ahead for third-party claimants. After a denial the claimant objects to, the insurer must tell them in writing that DBR can review it. 'Days' means calendar days.", "citation": "230-RICR-20-40-2.3(A)(6); 2.6(A)-(B), (D); 2.7(A)-(B), (D), (F), (H)", "source_url": "https://rules.sos.ri.gov/regulations/part/230-20-40-2", "deadlines": { "acknowledge": "15 days", "decide": "21 days after proof of loss", "pay": "30 days after liability is affirmed" } }, "consumer_can_reject_and_keep_negotiating": "Yes. If the insured tells the insurer within 35 days of receiving the claim draft that a comparable car cannot be bought for the fair market value paid, the insurer must reopen the claim. It may then locate a comparable car from a licensed dealer at that price, pay the difference for one the insured found, offer a replacement, or resolve it through the policy's appraisal clause, which binds both parties (2.8(B)(2)). This does not apply if the settlement documents identified a specific available comparable car by VIN. The regulation also says the claimant may use the arbitration right under R.I. Gen. Laws § 27-10.3-1 (2.8(E)(4)). After a denial the claimant objects to, the insurer must tell them in writing that DBR's Insurance Division can review it (2.7(H)). Owners can also sue (small claims or district court).", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No Rhode Island appellate decision on post-repair diminished value was found for either first-party or third-party claims. In Cazabat v. Metropolitan Property & Casualty Ins. Co. (R.I. Super. 2000), a trial court denied the insurer summary judgment. It found the policy phrase 'cost to repair or replace … with other of like kind and quality' ambiguous as to inherent DV, leaving the question for a jury. A law-firm 50-state survey reports no Rhode Island decisions on third-party DV.", "citation": "Cazabat v. Metropolitan Prop. & Cas. Ins. Co., 2000 WL 1910089 (R.I. Super. Ct. 2000)", "source_url": "https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf" }, "statute_of_limitations_property_damage": { "years": 10, "citation": "R.I. Gen. Laws § 9-1-13(a) (general ten-year limitation; injury-to-person claims are three years under § 9-1-14)", "source_url": "https://www.nolo.com/legal-encyclopedia/rhode-island-car-accident-laws.html" }, "doi": { "name": "Rhode Island Department of Business Regulation, Insurance Division", "complaint_url": "https://dbr.ri.gov/insurance", "phone": "401-462-9520" }, "confidence": "medium", "tl_caveats": [ "We could not open the text of R.I. Gen. Laws § 27-9.1-4(a)(29) or 2025 P.L. chs. 472/473. The '75% to 80%' wording is confirmed only through the Department of Business Regulation's regulation and its Concise Explanatory Statement, and how the Department reads the 75-80% band is unconfirmed.", "The 10-year deadline under § 9-1-13(a) comes from secondary sources (Nolo); we have not checked it against the statute text.", "We could not confirm the scope or dollar cap of the § 27-10.3-1 arbitration program.", "We could not open the Department of Business Regulation site to check the complaint page. Under 2.7(H), its contact information for claim reviews is published in a bulletin we have not reviewed. Call 401-462-9520 to confirm before you file." ], "dv_caveats": [ "The 10-year deadline under § 9-1-13(a) comes from secondary sources (Nolo); we have not checked it against the statute text.", "We could not open the Department of Business Regulation site to check the complaint page. Under 2.7(H), its contact information for claim reviews is published in a bulletin we have not reviewed. Call 401-462-9520 to confirm before you file." ], "reopen_window": { "window": "35 days of receiving the claim draft", "citation": "230-RICR-20-40-2.8(B)(2)" }, "vehicle_sales_tax": { "state_rate": 0.07, "summary": "7% on the price less trade-in (passenger vehicles); doc and title fees are taxable. No local sales tax.", "source_url": "https://dmv.ri.gov/registrations-plates-titles/sales-tax", "tax_type": "sales_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "rhode-island", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/rhode-island", "diminished_value": "https://fairmarkvalue.com/diminished-value/rhode-island" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "SC", "name": "South Carolina", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "For titling purposes, a 'salvage vehicle' or 'vehicle declared to be a total loss' is one where repair cost, including parts and reasonable market labor charges, equals or exceeds 75% of its fair market value. When an insurer is involved, fair market value is measured just before the loss. The definition does not apply to vehicles worth $2,000 or less or to antique vehicles. This is a salvage-title definition. It does not by its terms require an insurer to total a car at 75% or forbid totaling below it.", "citation": "S.C. Code Ann. § 56-19-480(G)", "source_url": "https://www.scstatehouse.gov/code/t56c019.php", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No South Carolina statute or Department of Insurance regulation was found that requires insurers to include sales tax (or South Carolina's vehicle infrastructure maintenance fee), title or registration fees in a first-party total-loss settlement. Chapter 69 regulations contain no total-loss settlement rule.", "citation": "None found", "source_url": "https://www.scstatehouse.gov/code/t38c059.php" }, "valuation_method_rules": { "summary": "No South Carolina-specific total-loss valuation rule was found (no comparables, distance, dealer-quote or itemization requirements). The general improper-claim-practices statute prohibits, as a general business practice, failing to settle in good faith once liability is reasonably clear. It also prohibits offering substantially less than is ultimately recovered, offering less than the amount reasonably due because the claimant would need an attorney, and unreasonable delay or failure to pay. These standards apply to third-party liability claims too.", "citation": "S.C. Code Ann. § 38-59-20(4)-(6), (8)", "source_url": "https://www.scstatehouse.gov/code/t38c059.php" }, "claim_timelines": { "summary": "No numeric deadlines found. Insurers must acknowledge pertinent communications 'with reasonable promptness' and adopt reasonable standards for prompt investigation and settlement, including third-party claims.", "citation": "S.C. Code Ann. § 38-59-20(2)-(3)", "source_url": "https://www.scstatehouse.gov/code/t38c059.php", "deadlines": { "acknowledge": null, "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing with their own comparables, invoke the policy appraisal clause if present, and file a complaint with the SC Department of Insurance. For a third-party property damage claim, South Carolina offers court-annexed arbitration. The claim is filed with the clerk of court in the county where the cause of action arose or where either party lives, with a $10 filing fee. No formal pleading is needed, and the defendant has 30 days to respond. Three attorney-arbitrators hear it (one if the parties agree), and the hearing is to be set within 60 days of filing or as soon as feasible. Awards may include actual damages, loss of use, depreciation and other direct property damages, and § 38-77-710 also authorizes punitive damages (S.C. Code §§ 38-77-710 to -760). The owner can also sue in magistrate court or the Court of Common Pleas.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: Newman v. Brown (S.C. 1955) held that when repairs do not restore a car to its prior condition, the cost of repairs plus the remaining diminution in value is ordinarily the proper measure. The statutory arbitration procedure also allows awards for depreciation. First-party: Schulmeyer v. State Farm Fire & Cas. Co. (S.C. 2003), answering a certified question, held that a policy limiting liability to the lesser of actual cash value or repair cost does not require paying diminished value when the car was adequately restored in performance, appearance and function.", "citation": "Newman v. Brown, 228 S.C. 472, 90 S.E.2d 649 (1955); Schulmeyer v. State Farm Fire & Cas. Co., 353 S.C. 491, 579 S.E.2d 132 (2003); S.C. Code Ann. § 38-77-740(b)", "source_url": "https://static.case.law/sc/228/cases/0472-01.json" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "S.C. Code Ann. § 15-3-530(4) (taking, detaining, or injuring goods or chattels)", "source_url": "https://www.scstatehouse.gov/code/t15c003.php" }, "doi": { "name": "South Carolina Department of Insurance", "complaint_url": "https://sbs.naic.org/solar-web/pages/public/onlineComplaintForm/onlineComplaintForm.jsf?state=SC", "phone": "803-737-6160" }, "confidence": "medium", "tl_caveats": [ "We found no South Carolina rule on whether insurers must pay the infrastructure maintenance fee (charged in place of sales tax), title or registration fees on a total loss. We have not reviewed Department of Insurance bulletins.", "We found no numeric claim-handling deadlines in statute, and have not rechecked whether an unfair-claims regulation exists in Chapter 69 of the S.C. Code of Regulations.", "The Department's 'File a Complaint' link goes to the NAIC online complaint form, which works. 803-737-6160 is the only number on the Department pages we checked.", "We have not checked whether every county actually runs the § 38-77-710 et seq. arbitration program." ], "dv_caveats": [ "The Department's 'File a Complaint' link goes to the NAIC online complaint form, which works. 803-737-6160 is the only number on the Department pages we checked.", "We have not reviewed Schulmeyer v. State Farm in full; its holding comes from a law-firm 50-state survey (Matthiesen, Wickert & Lehrer)." ], "vehicle_sales_tax": { "state_rate": 0.05, "summary": "5% infrastructure maintenance fee (IMF), capped at $500, in place of state and local sales tax (since July 1, 2017). Vehicles already registered elsewhere by the same owner pay a flat $250. No local add-on.", "source_url": "https://www.scdmvonline.com/fees", "tax_type": "infrastructure_maintenance_fee", "local_rates_add": false, "cap": "$500 maximum", "confidence": "high", "additional_sources": [ "https://dor.sc.gov/sites/dor/files/Documents/Policy%20Manuals/Chapter%2010%20-%20Maximum%20Tax%20Items.pdf" ], "cap_usd": 500 }, "slug": "south-carolina", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/south-carolina", "diminished_value": "https://fairmarkvalue.com/diminished-value/south-carolina" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "SD", "name": "South Dakota", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "No statutory repair-cost percentage. A 'salvage vehicle' is any motor vehicle an insurer or self-insurer determines to be a total loss from theft or from fire, vandalism, collision, weather, submersion or flood damage. The definition excludes vehicles more than 10 model years old or over 16,000 lbs GVWR. SB 227 (2026) would have barred total-loss declarations unless repair cost meets or exceeds 75% of pre-damage actual cash value, without the owner's written authorization. It defined ACV as market value within 200 miles of the owner's address. It passed the Senate 27-6 on Feb. 17, 2026 and was tabled 8-3 in House Transportation on Feb. 24, 2026.", "citation": "SDCL § 32-3-51.19; 2026 SB 227 (tabled)", "source_url": "https://sdlegislature.gov/Statutes/32-3-51.19", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No South Dakota statute or Division of Insurance rule was found requiring insurers to include motor vehicle excise tax, title or registration fees in a first-party total-loss settlement. Payment depends on the policy and negotiation.", "citation": "None found", "source_url": "https://sdlegislature.gov/Statutes/58-33-67" }, "valuation_method_rules": { "summary": "No South Dakota total-loss valuation rule found (no comparables, distance, dealer-quote or itemization rules). The unfair-practices statute, which applies 'in dealing with the insured', requires insurers to promptly give a reasonable explanation, based on the policy and the facts or law, for a claim denial or a compromise offer. It also requires that claim payments come with a statement of the coverage they are made under. By its terms it covers first-party dealings, not third-party claimants.", "citation": "SDCL § 58-33-67(2)-(3)", "source_url": "https://sdlegislature.gov/Statutes/58-33-67" }, "claim_timelines": { "summary": "In dealing with insureds, insurers must acknowledge and act within 30 days on communications about claims, and adopt and follow reasonable standards for prompt investigation. No separate accept/deny or payment deadline was found, and no comparable numeric rule for third-party claimants.", "citation": "SDCL § 58-33-67(1)", "source_url": "https://sdlegislature.gov/Statutes/58-33-67", "deadlines": { "acknowledge": "30 days", "decide": null, "pay": null } }, "consumer_can_reject_and_keep_negotiating": "The owner can reject the offer in writing and demand the reasonable explanation SDCL § 58-33-67(3) requires for a compromise offer (first-party claims). They can invoke the policy appraisal clause if present, or sue (small claims or circuit court). The Division of Insurance asks consumers to contact the company first. If that fails, it accepts complaints through an online NAIC form or a PDF form linked from its complaint page (605-773-3563).", "diminished_value": { "third_party": "unclear", "first_party": "generally_not", "summary": "First-party: Culhane v. Western National Mutual Ins. Co., 2005 SD 97, held that under a policy limiting liability to the lesser of actual cash value or repair, the insurer's repair obligation does not include post-repair diminished market value. The exception is when the vehicle cannot be repaired to its former physical, mechanical and operating condition. Third-party: no South Dakota decision on post-repair DV against an at-fault driver was found.", "citation": "Culhane v. Western Nat'l Mut. Ins. Co., 2005 SD 97, 704 N.W.2d 287", "source_url": "https://static.case.law/nw2d/704/cases/0287-01.json" }, "statute_of_limitations_property_damage": { "years": 6, "citation": "SDCL § 15-2-13(4) (taking, detaining, or injuring goods or chattels)", "source_url": "https://sdlegislature.gov/Statutes/15-2-13" }, "doi": { "name": "South Dakota Division of Insurance (Department of Labor and Regulation)", "complaint_url": "https://dlr.sd.gov/insurance/doi_complaint.aspx", "phone": "605-773-3563" }, "confidence": "medium", "tl_caveats": [ "We found no South Dakota administrative rule (ARSD Article 20:06) on auto total-loss settlements. If one exists, the tax and valuation rules here may change.", "We have not checked whether any SDCL provision sets claim-handling standards for claimants against the other driver's insurer (§ 58-33-67 covers dealings with the insured)." ], "dv_caveats": [ "We found no South Dakota authority on third-party diminished value." ], "vehicle_sales_tax": { "state_rate": 0.04, "summary": "4% motor vehicle excise tax on the purchase price, in lieu of sales tax. Vehicles 11+ model years old sold for $2,500 or less are exempt. No local add-on.", "source_url": "https://dor.sd.gov/individuals/motor-vehicle/all-vehicles-title-fees-registration/", "tax_type": "motor_vehicle_excise_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "south-dakota", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/south-dakota", "diminished_value": "https://fairmarkvalue.com/diminished-value/south-dakota" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "TN", "name": "Tennessee", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "A passenger vehicle is a 'salvage vehicle' when the total estimated or actual cost of parts and labor to rebuild it to pre-accident condition and legal road use exceeds 75% of its retail value; an owner may also choose to designate a vehicle as salvage regardless of the 75% test. This is a titling definition, and insurers may declare a total loss on their own valuation.", "citation": "Tenn. Code Ann. § 55-3-201(11)(A)-(D)", "source_url": "https://codes.findlaw.com/tn/title-55-motor-and-other-vehicles/tn-code-sect-55-3-201/", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "For first-party total losses under policies that settle on ACV or like kind and quality, a replacement vehicle must come with all applicable taxes, license fees and ownership-transfer fees paid, and a cash settlement must be based on the cost to buy a comparable vehicle including all applicable taxes, license fees and other fees incident to transfer of ownership (less deductible). The rule does not condition this on proof of purchase. For third-party claims, a law-firm 50-state chart reports a Department bulletin (9-1-89C, Sept. 1, 1989) saying sales tax is payable on the vehicle's value at the time of loss and should be included in all total-loss settlements, including third-party claims (not leased vehicles); that bulletin was not located on tn.gov.", "citation": "Tenn. Comp. R. & Regs. 0780-01-05-.09(1)(a)-(b)", "source_url": "https://www.law.cornell.edu/regulations/tennessee/Tenn-Comp-R-Regs-0780-01-05-.09" }, "valuation_method_rules": { "summary": "Insurer chooses replacement or cash. Cash value must come from (1) two or more comparable vehicles in the local market available within the last 90 days; else (2) two or more comparables in nearby areas including the closest major metro area (in or out of state); else (3) one of two or more quotes from licensed local dealers; or (4) a statistically valid valuation source that gives primary weight to local values and covers at least 85% of makes/models for the last 15 model years. Any deviation must be supported by documented vehicle condition; deductions (including salvage) must be specific, stated in dollars, documented, and the settlement basis fully explained to the claimant. No unreasonable travel to inspect a replacement or get estimates; betterment/depreciation deductions must be itemized and limited to measurable value loss; insurer must give a copy of the repair estimate it relies on.", "citation": "Tenn. Comp. R. & Regs. 0780-01-05-.09(1)-(9)", "source_url": "https://www.law.cornell.edu/regulations/tennessee/Tenn-Comp-R-Regs-0780-01-05-.09" }, "claim_timelines": { "summary": "Acknowledge a claim within 30 days (unless paid in that time) and reply to other pertinent first-party communications within 30 days; accept or deny a first-party claim within 60 days after properly completed proofs of loss (or send a written reason for delay, repeated every 60 days); report coverage-investigation findings within 30 days after it ends; tender payment within 30 days after liability is affirmed if the amount is not in dispute. First-party claimants must get notice of an expiring statute of limitations at least 30 days before it runs.", "citation": "Tenn. Comp. R. & Regs. 0780-01-05-.07(1),(3); 0780-01-05-.08(1)-(3),(5),(6)", "source_url": "https://www.law.cornell.edu/regulations/tennessee/Tenn-Comp-R-Regs-0780-01-05-.08", "deadlines": { "acknowledge": "30 days", "decide": "60 days after proof of loss", "pay": "30 days after liability is affirmed" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Reject in writing and send your own comparables or dealer quotes; the rule requires deductions to be specific, stated in dollars and the settlement basis fully explained. Use the policy appraisal clause if it has one. If a first-party claim is denied in full and you object in writing, the insurer must tell you in writing that you can complain to the Department's Consumer Insurance Services (Rule 0780-01-05-.08(8)). Small-dollar disputes can go to court (General Sessions); the property-damage limitations period is 3 years.", "diminished_value": { "third_party": "limited", "first_party": "generally_not", "summary": "First-party: Tennessee's Court of Appeals held standard auto policy language unambiguous and limited the insured to repair cost, with no added diminished value (Black v. State Farm; Senter v. Tennessee Farmers). Third-party: damages are either repair cost or the before-and-after market value difference, not both; there is no definitive Tennessee appellate holding that post-repair diminished value is recoverable on top of repairs, though GEICO v. Bloodworth (Tenn. Ct. App. 2007, class-certification context) listed what an owner must prove for residual DV: pre-accident condition and value, post-accident value, and proof the repair did not restore substantially the same value.", "citation": "Black v. State Farm Mut. Auto. Ins. Co., 101 S.W.3d 427 (Tenn. Ct. App. 2002); Senter v. Tennessee Farmers Mut. Ins. Co., 702 S.W.2d 175 (Tenn. Ct. App. 1985); Gov't Emps. Ins. Co. v. Bloodworth, 2007 WL 1966022 (Tenn. Ct. App. 2007)", "source_url": "https://www.mwl-law.com/state/tennessee/" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Tenn. Code Ann. § 28-3-105(1)", "source_url": "https://codes.findlaw.com/tn/title-28-limitation-of-actions/tn-code-sect-28-3-105/" }, "doi": { "name": "Tennessee Department of Commerce & Insurance (Consumer Insurance Services)", "complaint_url": "https://www.tn.gov/commerce/insurance/consumer-resources/file-a-complaint.html", "phone": "615-741-2218; 1-800-342-4029 (toll-free outside Davidson County)" }, "confidence": "high", "tl_caveats": [ "We used Rules 0780-01-05-.07 to -.09 as published by Cornell's Legal Information Institute (original rules effective October 9, 2017; no later version shown), not the Secretary of State site.", "We know the third-party sales-tax bulletin (9-1-89C) only through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we have not seen the bulletin itself." ], "dv_caveats": [ "We know the diminished value cases Black, Senter and Bloodworth only through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we have not reviewed the opinions.", "Whether a third-party claimant can recover repair cost plus post-repair diminished value is not settled in Tennessee appellate law." ], "vehicle_sales_tax": { "state_rate": 0.07, "summary": "7% state tax on the full price. Local tax (varies, e.g. 2.25%) applies only to the first $1,600. A 2.75% state single-article tax applies on $1,600.01-$3,200 (max $44).", "source_url": "https://www.tn.gov/content/dam/tn/revenue/documents/tax_manuals/june-2025/County-Clerk-Tax-Manual.pdf", "tax_type": "sales_tax", "local_rates_add": true, "cap": "Local tax on first $1,600 only; single-article 2.75% on $1,600.01-$3,200", "confidence": "high" }, "slug": "tennessee", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/tennessee", "diminished_value": "https://fairmarkvalue.com/diminished-value/tennessee" }, "fees_first_party": "required", "sales_tax_third_party": "unclear" }, { "code": "TX", "name": "Texas", "total_loss_threshold": { "type": "percent", "percent": 100, "summary": "A 'salvage motor vehicle' is one whose cost of repairs (parts and labor, excluding repainting materials/labor and sales tax on repairs) exceeds its actual cash value immediately before the damage; TDI says insurers may total a car when repair cost is close to its value.", "citation": "Tex. Transp. Code § 501.091(15)(A)", "source_url": "https://texas.public.law/statutes/tex._transp._code_section_501.091", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "not_required", "summary": "No Texas statute or TDI rule found that requires sales tax, title or registration fees in a first-party total-loss payment. The Fifth Circuit, applying Texas law, held that ACV (fair market value) 'does not include the taxes and fees payable to purchase a replacement vehicle' (Singleton v. Elephant Ins., 2020), and that a policy promising 'applicable sales tax' owed none because a total-loss settlement is not a sale under 34 Tex. Admin. Code § 3.62 (Taylor v. Root Ins. Co., 2024). Check your policy wording.", "citation": "Taylor v. Root Ins. Co., No. 23-50667 (5th Cir. July 24, 2024); Singleton v. Elephant Ins. Co., 953 F.3d 334 (5th Cir. 2020); 34 Tex. Admin. Code § 3.62", "source_url": "https://www.ca5.uscourts.gov/Opinions/pub/23/23-50667-CV0.pdf" }, "valuation_method_rules": { "summary": "Texas has no regulation prescribing comparables, search radius or dealer-quote methods for total-loss valuations (none found). TDI describes ACV as replacement cost minus depreciation, tells owners to negotiate with written dealer quotes or ads for similar cars, and says you can ask the insurer what source it used to decide your car's value (TDI tip 'My car was totaled! Now what?'). Unfair-practice law requires the insurer to attempt in good faith a prompt, fair settlement once liability is reasonably clear and to promptly give a policyholder a reasonable explanation of the policy basis for a denial or compromise offer (this cause of action is for insureds, not third parties).", "citation": "Tex. Ins. Code § 541.060(a)(2)(A), (a)(3), (b); TDI Auto Insurance Guide; TDI tip 'My car was totaled! Now what?' (https://www.tdi.texas.gov/tips/car-totaled.html)", "source_url": "https://www.tdi.texas.gov/pubs/consumer/cb020.html" }, "claim_timelines": { "summary": "First-party (Prompt Payment of Claims Act): acknowledge, start investigating and request needed items within 15 days of notice (30 business days for eligible surplus lines insurers); accept or reject in writing within 15 business days after receiving all items needed for final proof of loss (if more time is needed, notify with reasons within that period and decide within 45 days after that notice; 30 days if arson is suspected); pay within 5 business days after notifying that it will pay (20 business days for surplus lines). These deadlines do not govern third-party liability claims.", "citation": "Tex. Ins. Code §§ 542.055(a), 542.056(a)-(d), 542.057(a)-(c)", "source_url": "https://texas.public.law/statutes/tex._ins._code_section_542.056", "deadlines": { "acknowledge": "15 days", "decide": "15 business days after all items are received", "pay": "5 business days after notice it will pay" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Negotiate with written dealer quotes or local listings for comparable cars, and ask what valuation source the insurer used. Against your own insurer you can invoke the policy appraisal clause (each side pays its appraiser and half the umpire; the umpire's decision is binding; appraisal is not available against the other driver's insurer). File a written TDI complaint (TDI says it cannot decide fault or determine damage amounts). TDI says claims for less than $20,000 can go to Justice Court. If the at-fault driver's insurer will not pay, you can claim under your own collision coverage. The property-damage limitations period is 2 years.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "First-party: the Texas Supreme Court held a standard 'repair or replace' policy does not cover diminished value after a complete repair (American Manufacturers v. Schaefer), and TDI Bulletin B-0027-00 says insurers need not pay first-party DV under collision or comprehensive when the car is completely repaired; the same bulletin says an insurer may be obligated to pay a first-party claimant for loss of market value under uninsured/underinsured motorist coverage regardless of the completeness of the repair. Third-party: TDI says a liability insurer 'may be obligated' to pay a third-party claimant's loss of market value regardless of repair quality. Texas tort law lets an owner recover either repair cost or loss of market value without double recovery; diminution measured after repairs does not duplicate repair cost (Parkway Co. v. Woodruff, a real-property case).", "citation": "Am. Mfrs. Mut. Ins. Co. v. Schaefer, 124 S.W.3d 154 (Tex. 2003); TDI Commissioner's Bulletin B-0027-00 (Apr. 6, 2000); Parkway Co. v. Woodruff, 901 S.W.2d 434 (Tex. 1995)", "source_url": "https://www.tdi.texas.gov/bulletins/2000/b-0027-0.html" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "Tex. Civ. Prac. & Rem. Code § 16.003(a)", "source_url": "https://texas.public.law/statutes/tex._civ._practice_and_remedies_code_section_16.003" }, "doi": { "name": "Texas Department of Insurance", "complaint_url": "https://www.tdi.texas.gov/consumer/get-help-with-an-insurance-complaint.html", "phone": "1-800-252-3439" }, "confidence": "high", "tl_caveats": [ "Singleton and Taylor are Fifth Circuit readings of particular policy wording under Texas law. They do not bind Texas state courts, and a policy that expressly promises taxes or fees still controls. We confirmed Taylor from the opinion; Singleton only as quoted in Taylor.", "We have not checked 2025-2026 Texas legislation or TDI bulletins on total-loss valuation." ], "dv_caveats": [ "We found no Texas appellate auto case squarely allowing repair cost plus post-repair (inherent) diminished value against an at-fault driver; third-party diminished value rests on TDI's 2000 bulletin and general damages law.", "We confirmed Schaefer and Parkway through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer), not the opinions." ], "vehicle_sales_tax": { "state_rate": 0.0625, "summary": "6.25% motor vehicle sales tax on the price less trade-in (dealer). Private sales are taxed on the higher of price or standard presumptive value. No local add-on.", "source_url": "https://comptroller.texas.gov/taxes/motor-vehicle/sales-use.php", "tax_type": "motor_vehicle_sales_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "texas", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/texas", "diminished_value": "https://fairmarkvalue.com/diminished-value/texas" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "UT", "name": "Utah", "total_loss_threshold": { "type": "percent", "percent": 100, "summary": "A 'salvage vehicle' is one damaged to the extent that the cost of repairing it for safe operation exceeds its fair market value, or one an insurer (or another jurisdiction) has declared salvage.", "citation": "Utah Code § 41-1a-1001(8)", "source_url": "https://codes.findlaw.com/ut/title-41-motor-vehicles/ut-code-sect-41-1a-1001/", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "First-party: a replacement vehicle must come with all applicable taxes, license fees and transfer-of-ownership fees paid; a cash settlement must be based on the cost to buy a comparable vehicle including all applicable taxes, license fees and transfer of ownership fees (less deductible). The rule also says actual cash value 'shall include taxes and other fees' incurred in replacing the vehicle. Third-party total-loss settlements must also include all applicable taxes, license fees and transfer fees. No proof-of-purchase condition.", "citation": "Utah Admin. Code R590-190-11(1)(a)-(b), (2)(a), (10)(e)", "source_url": "https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R590-190-11" }, "valuation_method_rules": { "summary": "Cash value from: at least two comparables in the local market available within the last 90 days; else at least two in nearby areas including the closest major metro area; else at least two quotes from qualified local dealers; or a statistically valid source (primary weight to local values, at least 85% of makes/models for 15 model years). Deviations must be documented; deductions including salvage must be measurable, itemized in dollars and reasonable, and the basis fully explained. If a first-party claimant cannot buy a comparable vehicle at that value within 30 days of payment, the insurer must reopen and locate one, pay the difference, buy it for the insured, offer a replacement, or go to appraisal (unless it named a specific available comparable at settlement). Third-party total losses must follow the same cash-settlement methods except the 30-day reopening procedure. Other rules: no unreasonable travel; copy of insurer estimate to claimant; betterment itemized with written explanation on request; insurer must give the name and address of the salvage dealer behind a salvage deduction on request; loss-of-use paid until a reasonable total-loss offer is made; offering a first-party claimant substantially less than reasonable value as established by an independent source, or intentionally offering less than the claim is reasonably worth, is an unfair practice.", "citation": "Utah Admin. Code R590-190-11(1)-(2), (4), (6)-(7), (9); R590-190-12(6), (10); R590-190-9(6)", "source_url": "https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R590-190-11" }, "claim_timelines": { "summary": "Acknowledge notice of loss within 15 days and give a substantive response to requests within 15 days; within 30 days after a complete proof of loss, finish the investigation and accept or deny a first-party claim (or explain why more time is needed, with updates every 45 days); pay first- and third-party claim amounts within 30 days after written proof of a covered loss and its amount, with interest at the legal rate on overdue amounts. If an unrepresented claimant is still negotiating, the insurer must give notice of the statute-of-limitations date at least 60 days before it expires.", "citation": "Utah Admin. Code R590-190-6(1),(3); R590-190-10(2)-(3); R590-190-9(20)-(21)", "source_url": "https://www.law.cornell.edu/regulations/utah/Utah-Admin-Code-R590-190-10", "deadlines": { "acknowledge": "15 days", "decide": "30 days after proof of loss", "pay": "30 days after proof of the loss and its amount", "late": "Interest at the legal rate" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Dispute in writing with local comparables. If you cannot buy a comparable car for the settlement amount within 30 days, notify the insurer, which must reopen the claim. Use the policy appraisal clause, or file with the Utah Insurance Department. Small claims court is available. The limitations period for motor-vehicle property damage is 4 years.", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: the Utah Supreme Court allowed an owner to recover the reasonable cost of repairs plus any depreciation in market value remaining after repairs (Metcalf v. Mellen, 1920). First-party: no Utah court decision on DV under an auto policy was found.", "citation": "Metcalf v. Mellen, 192 P. 676 (Utah 1920)", "source_url": "https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf" }, "statute_of_limitations_property_damage": { "years": 4, "citation": "Utah Code § 78B-2-307(3); § 78B-2-305(2)(b) (general 3-year personal-property period, but 4 years for damage to personal property from an accident involving a motor vehicle, including a motor vehicle and bicycle)", "source_url": "https://codes.findlaw.com/ut/title-78b-judicial-code/ut-code-sect-78b-2-307/" }, "doi": { "name": "Utah Insurance Department", "complaint_url": "https://insurance.utah.gov/complaints/", "phone": "1-800-439-3805 (in-state toll-free); 801-957-9200" }, "confidence": "high", "tl_caveats": [ "We used a copy of the Utah statutes current as of January 1, 2025, and R590-190 as published by Cornell's Legal Information Institute. R590-190-11 shows adoption effective January 24, 2024 and an amendment effective June 7, 2024; we did not determine which added the third-party tax and fee wording in (2)(a)." ], "dv_caveats": [ "We confirmed Metcalf v. Mellen (1920) only through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we have not reviewed the opinion.", "We used a copy of the Utah statutes current as of January 1, 2025, and R590-190 as published by Cornell's Legal Information Institute. R590-190-11 shows adoption effective January 24, 2024 and an amendment effective June 7, 2024; we did not determine which added the third-party tax and fee wording in (2)(a).", "First-party diminished value in Utah is untested." ], "reopen_window": { "window": "30 days", "citation": "Utah Admin. Code R590-190" }, "vehicle_sales_tax": { "state_rate": 0.0485, "summary": "4.85% state rate plus local and county option taxes. Dealer sales use the dealer location's combined rate; private sales use the buyer's address.", "source_url": "https://tax.utah.gov/business/sales-tax/sales/rates/", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "additional_sources": [ "https://dmv.utah.gov/register/registration-taxes-fees/" ] }, "slug": "utah", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/utah", "diminished_value": "https://fairmarkvalue.com/diminished-value/utah" }, "fees_first_party": "required", "sales_tax_third_party": "required" }, { "code": "VT", "name": "Vermont", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "Vermont law defines a 'totaled motor vehicle' as one an insurance company has declared a total loss; no repair-cost percentage or formula appears in the title statute.", "citation": "23 V.S.A. § 2001(13)-(14)", "source_url": "https://codes.findlaw.com/vt/title-23-motor-vehicles/vt-st-tit-23-sect-2001/", "governs": "none" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "For physical-damage and property-damage-liability total losses, a replacement vehicle must come with all applicable taxes, registration fees and ownership-transfer fees paid; a cash settlement must cover the purchase of a comparable vehicle 'including all applicable taxes, registration fees and other fees incident to transfer of evidence of ownership' (less deductible). No proof-of-purchase condition.", "citation": "Vt. Ins. Reg. I-79-2 (Fair Claims Practices), § 8(B)(1)-(2), Code Vt. R. 21-020-008", "source_url": "https://www.law.cornell.edu/regulations/vermont/21-008-Code-Vt-R-21-020-008-X" }, "valuation_method_rules": { "summary": "Cash settlement may be no less than the average of (a) the NADA Used Car Guide retail value and (b) a third-party valuation vendor's retail value for a comparable vehicle. The vendor must give primary weight to the local market, defined as a 75-mile radius of the garaging ZIP code, adjust out-of-area comparables to local prices, and use only US vehicles. 'Comparable' means same make and model, similar or better condition, no older; 'available' means for sale or sold within 90 days of loss. Special (non-OEM/non-NADA) equipment is added on top. Reconditioning or tune-up deductions are allowed only if justified by a licensed adjuster's or appraiser's inspection. By the time of the offer the insurer must give the claimant a detailed copy of its calculation, any non-public valuation report, and a written notice that the claimant may dispute the offer with the Vermont Insurance Division's Consumer Services Section. Also: estimate copy on request, no unreasonable travel, and every payment must explain all deductions.", "citation": "Vt. Ins. Reg. I-79-2 §§ 7(B), 8(A), 8(B)(2)(a)-(g) (amended eff. July 1, 2018)", "source_url": "https://www.law.cornell.edu/regulations/vermont/21-008-Code-Vt-R-21-020-008-X" }, "claim_timelines": { "summary": "Acknowledge claim notice within 10 business days and reply to claimant questions within 10 business days; advise a first-party claimant of acceptance or denial within 15 business days after proofs of loss (or explain within that time why more is needed); for third-party claims, give notice of needed time within 30 business days of the claim, with updates every 30 business days; mail payment within 10 business days after a settlement is agreed. Unrepresented claimants must get written notice that a limitations period may be expiring: 30 business days before for first-party and 60 business days before for third-party claimants.", "citation": "Vt. Ins. Reg. I-79-2 §§ 5(A)-(B), 6(A), 6(C), 6(E), 6(G)", "source_url": "https://www.law.cornell.edu/regulations/vermont/21-008-Code-Vt-R-21-020-008-X", "deadlines": { "acknowledge": "10 business days", "decide": "15 business days after proof of loss", "pay": "10 business days after settlement" } }, "consumer_can_reject_and_keep_negotiating": "Yes. The insurer's offer must include a notice that you can dispute it through the Vermont Insurance Division's Consumer Services Section, plus its calculation and valuation report. Check the math against the required NADA/vendor average and the 75-mile comparables. Use the policy appraisal clause if there is one. Small claims or civil suit are options; the property-damage limitations period is 3 years. Third-party claimants also get reasonable loss-of-use until a replacement can be obtained (Reg. 79-2 § 9).", "diminished_value": { "third_party": "recoverable", "first_party": "unclear", "summary": "Third-party: Vermont measures vehicle damage as the difference between market value immediately before and after the accident, and evidence of repair cost and of the value as repaired is admissible (Kinney v. Cloutier; Wells v. Village of Orleans). First-party: BISHCA (now DFR) Insurance Division Bulletin 164 (2011) says insurers must, absent specific policy language to the contrary, review and adjust diminished value claims, consider all relevant information the claimant provides, and be able to articulate a fair and equitable process. It does not mandate a method or guarantee payment, so the result depends on policy wording.", "citation": "DFR (BISHCA) Insurance Bulletin 164 (Aug. 10, 2011); Kinney v. Cloutier, 211 A.2d 246 (Vt. 1965); Wells v. Village of Orleans, Inc., 315 A.2d 463 (Vt. 1974)", "source_url": "https://dfr.vermont.gov/sites/finreg/files/regbul/dfr-bulletin-insurance-164.pdf" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "12 V.S.A. § 512(5)", "source_url": "https://codes.findlaw.com/vt/title-12-court-procedure/vt-st-tit-12-sect-512/" }, "doi": { "name": "Vermont Department of Financial Regulation, Insurance Division (Insurance Consumer Services)", "complaint_url": "https://dfr.vermont.gov/consumers/file-complaint/insurance", "phone": "1-800-964-1784" }, "confidence": "high", "tl_caveats": [ "We could not open the Department of Financial Regulation site to confirm the complaint page and 1-800-964-1784; they come from published listings of its pages. Call to confirm before you file.", "We used Reg. I-79-2 (amended effective July 1, 2018) as published by Cornell's Legal Information Institute; confirm it against the Department's own copy.", "We used an archived copy (March 2025) of the official Bulletin 164 PDF and have not confirmed its current status.", "The rule names the 'NADA Used Car Guide' as one half of the required average. We have not checked how insurers apply that reference today." ], "dv_caveats": [ "We could not open the Department of Financial Regulation site to confirm the complaint page and 1-800-964-1784; they come from published listings of its pages. Call to confirm before you file.", "We confirmed Kinney and Wells only through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer). We found no Vermont case squarely awarding repair cost plus diminished value after repair." ], "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% motor vehicle purchase and use tax on the greater of purchase price or J.D. Power clean trade-in value, less trade-in. Caps ($2,486) apply only to heavy trucks and some vehicle types. No local add-on.", "source_url": "https://dmv.vermont.gov/tax-title/vehicle-taxation", "tax_type": "purchase_and_use_tax", "local_rates_add": false, "cap": null, "confidence": "high" }, "slug": "vermont", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/vermont", "diminished_value": "https://fairmarkvalue.com/diminished-value/vermont" }, "fees_first_party": "required", "sales_tax_third_party": "required" }, { "code": "VA", "name": "Virginia", "total_loss_threshold": { "type": "tlf", "percent": null, "summary": "A 'late model' vehicle (current model year plus the five prior years, or any vehicle with ACV of at least $10,000) is a salvage vehicle when its estimated repair cost (excluding towing, storage, rental and diminished-value payments) would exceed its actual cash value minus its current salvage value. The 75% test applies to recovered stolen vehicles and to the 'rebuilt' brand.", "citation": "Va. Code § 46.2-1600 ('salvage vehicle', 'late model vehicle', 'rebuilt vehicle'); § 46.2-1602.1", "source_url": "https://codes.findlaw.com/va/title-46-2-motor-vehicles/va-code-sect-46-2-1600/", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "Virginia's unfair-claims rule for auto insurance (14VAC5-400-80) does not mention sales and use tax, title or registration fees, and no Virginia statute requiring them was confirmed. A law-firm 50-state chart reports that SCC Insurance Order No. 11607 provides that insurers may offer a replacement vehicle including all applicable taxes, license fees or other fees, or a cash settlement based on the cost of a comparable vehicle including them, and that insurers have been cited under Va. Code § 38.2-510 for not promptly reimbursing sales tax, license and title fees; the chart also quotes a Bureau e-mail saying third-party reimbursement is required only when the policy requires it. We could not obtain the order itself, and whether it is a general rule or a single-company enforcement order is unknown, so treat this as unconfirmed and check the policy wording.", "citation": "14VAC5-400-80 (silent on taxes/fees); Insurance Order No. 11607 (reported, unverified); Va. Code § 38.2-510", "source_url": "https://www.law.cornell.edu/regulations/virginia/14VAC5-400-80" }, "valuation_method_rules": { "summary": "No prescribed comparables or dealer-quote method was found. The insurer must give the claimant a total loss valuation on request. Betterment/depreciation reductions must be documented, itemized and stated in dollars. No unreasonable travel to inspect a replacement or get an estimate. Insurer estimates must be amounts for which the car can reasonably be repaired, with a copy to the claimant. After a total loss, the insurer must allow reasonable time to receive payment for a replacement before ending rental reimbursement. Any denial must be in writing with a reasonable explanation citing the policy provision. Where coverage and liability are undisputed, the insurer must offer a first-party claimant a fair and reasonable amount, and may not unreasonably refuse to pay any claim under the policy.", "citation": "14VAC5-400-70(A),(B),(D),(E); 14VAC5-400-80(B),(D),(E),(I)", "source_url": "https://www.law.cornell.edu/regulations/virginia/14VAC5-400-80" }, "claim_timelines": { "summary": "Acknowledge a claim within 15 calendar days (unless paid in that time) and reply to other pertinent communications within 15 calendar days; advise a first-party claimant of acceptance or denial within 15 calendar days after a properly executed proof of loss (or explain why more time is needed), with written status every 45 calendar days while investigation continues. No fixed payment deadline after settlement was found in these rules.", "citation": "14VAC5-400-50; 14VAC5-400-60", "source_url": "https://www.law.cornell.edu/regulations/virginia/14VAC5-400-60", "deadlines": { "acknowledge": "15 days", "decide": "15 days after proof of loss", "pay": null } }, "consumer_can_reject_and_keep_negotiating": "Yes. Ask in writing for the insurer's total loss valuation (required on request) and rebut it with comparables. Use the policy appraisal clause if available, or complain to the SCC Bureau of Insurance. Small claims or General District Court are options; the injury-to-property limitations period is 5 years.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: when a damaged car can reasonably be repaired, the measure is the cost of repairs plus any diminution in market value remaining after repair (Averett v. Shircliff). First-party: the Supreme Court of Virginia refused to compensate an insured for diminished value (lost new-car warranty) not promised by the policy (Bickel v. Nationwide).", "citation": "Averett v. Shircliff, 237 S.E.2d 92 (Va. 1977); Bickel v. Nationwide Mut. Ins. Co., 143 S.E.2d 903 (Va. 1965)", "source_url": "https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf" }, "statute_of_limitations_property_damage": { "years": 5, "citation": "Va. Code § 8.01-243(B)", "source_url": "https://codes.findlaw.com/va/title-8-01-civil-remedies-and-procedure/va-code-sect-8-01-243/" }, "doi": { "name": "Virginia State Corporation Commission, Bureau of Insurance (Property & Casualty Consumer Services)", "complaint_url": "https://www.scc.virginia.gov/consumers/", "phone": "1-877-310-6560 (toll-free); 804-371-9185 (Property & Casualty Consumer Services)" }, "confidence": "medium", "tl_caveats": [ "We could not open the State Corporation Commission site to check the complaint page and phone numbers; they come from published listings. Call 1-877-310-6560 to confirm before you file.", "We confirmed 14VAC5-400-50, -60, -70 and -80 through Cornell's Legal Information Institute (amended effective January 1, 2018), and §§ 46.2-1600 and 46.2-1602.1 in a copy current as of January 1, 2026.", "Insurance Order No. 11607 on taxes and fees is reported only by a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we could not find its text, scope or current status." ], "dv_caveats": [ "We could not open the State Corporation Commission site to check the complaint page and phone numbers; they come from published listings. Call 1-877-310-6560 to confirm before you file.", "The Averett and Bickel citations come from a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we have not reviewed the opinions." ], "vehicle_sales_tax": { "state_rate": 0.0415, "summary": "4.15% motor vehicle sales and use tax on the gross sales price (no trade-in deduction), minimum $75. No local add-on.", "source_url": "https://www.dmv.virginia.gov/vehicles/taxes-fees/sut", "tax_type": "motor_vehicle_sales_and_use_tax", "local_rates_add": false, "cap": "Minimum $75", "confidence": "high" }, "slug": "virginia", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/virginia", "diminished_value": "https://fairmarkvalue.com/diminished-value/virginia" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "WA", "name": "Washington", "total_loss_threshold": { "type": "tlf", "percent": null, "summary": "A 'salvage vehicle' includes one whose title was surrendered after destruction or a total-loss declaration, or one the owner or insurer has determined is uneconomical to repair because the cost of parts and labor plus the salvage value makes repair uneconomical (a total-loss-formula test). Vehicles six or more model years old at the time of damage are excluded from the definition unless their retail fair market value was at least the then market value threshold amount and they are no more than 20 model years old.", "citation": "RCW 46.04.514", "source_url": "https://app.leg.wa.gov/RCW/default.aspx?cite=46.04.514", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "The settlement must include all applicable government taxes and fees the claimant would have incurred buying the loss vehicle immediately before the loss, 'whether or not the claimant retains or subsequently transfers ownership.' No proof-of-purchase condition; OIC explains which fees are prorated.", "citation": "WAC 284-30-391(4)(e)", "source_url": "https://app.leg.wa.gov/WAC/default.aspx?cite=284-30-391" }, "valuation_method_rules": { "summary": "Unless the parties agree a value (documented, and representative of local ACV), the insurer must replace, pay cash ACV of a comparable vehicle, or use appraisal. ACV methods: comparable vehicles with current data within a reasonable distance (max 150 miles); two or more licensed-dealer quotes; two or more local advertised comparables; or a computerized source covering at least 85% of makes/models for 15 years that uses vehicles available within 90 days before or after the loss and lists its comparables (up to 30). The search may expand in 25-mile steps to 150 miles, and further only with the claimant's consent. Offers must be itemized and verifiable, with comparability adjustments for options, mileage and condition, and must consider information the claimant supplies. Beyond those comparability adjustments, settlement deductions are limited to prior unrepaired damage (the earlier claim payment for it, or otherwise no more than the resulting ACV decrease) and salvage if the claimant keeps the car; on request the insurer must name a salvage buyer who will pay the deducted amount, open for at least 30 days. All additions and deductions must be explained in dollars. A copy of the valuation report is available on request; it must list each comparable's source, date, VIN or seller contact, asking and sold price, and location, document any weighting, and include photos supporting condition deductions. The insurer must reopen within 35 days of final payment if the claimant cannot buy a comparable at the agreed amount but found one costing more. Insurers are responsible for the accuracy of evaluations made on their behalf, and on request must disclose the date, source and contributing businesses of databases or estimating software used to set material or labor prices. In appraisal, the insurer must tell its appraiser about these total-loss rules and may not consider any non-compliant valuation when applying an appraisal award.", "citation": "WAC 284-30-391; WAC 284-30-392; WAC 284-30-380(7)-(8) (all as amended by WSR 26-17-089, filed Aug. 18, 2026, eff. Oct. 18, 2026)", "source_url": "https://app.leg.wa.gov/WAC/default.aspx?cite=284-30-391" }, "claim_timelines": { "summary": "Acknowledge a claim within 10 business days (individual policies) and reply to pertinent communications within 10 business days; complete the investigation within 30 calendar days of notice (written reasons and 30-day updates if not); tell a first-party claimant within 30 calendar days of notice whether the claim is accepted or denied; deliver payment within 15 business days after receiving executed releases or settlement documents; respond in writing to supplemental repair estimates within 5 business days; give a first-party claimant a written explanation of storage and towing coverage within 5 business days of notice; and, after a disputed virtual inspection, inspect in person within 5 business days on request.", "citation": "WAC 284-30-360(1),(3); 284-30-370(1); 284-30-380(1),(3); 284-30-330(16); 284-30-390(1)(a)(iii), (1)(b)(iii), (1)(b)(vi)", "source_url": "https://app.leg.wa.gov/WAC/default.aspx?cite=284-30-380", "deadlines": { "acknowledge": "10 business days", "decide": "30 days after notice", "pay": "15 business days after the settlement documents are received" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Request the valuation report and check its comparables, distances and deductions against WAC 284-30-391/392. Invoke the policy appraisal clause. If you cannot buy a comparable within 35 days of payment, the insurer must reopen. File with the OIC. First-party claimants may also have rights under the Insurance Fair Conduct Act (RCW 48.30.015). Small claims court is available; the limitations period for injury to personal property is 3 years.", "diminished_value": { "third_party": "recoverable", "first_party": "recoverable", "summary": "First-party: the Washington Supreme Court held that a policy promising to repair or replace 'with other of like kind and quality' covers diminished value remaining after repair (Moeller v. Farmers). OIC notes that some auto policies don't cover diminished value, so check your policy wording. Third-party: OIC says you typically file a DV claim against the at-fault party's insurer, and payment requires proof that market value fell even after repair. Washington's pattern jury instruction states the general measure as the lesser of reasonable repair cost or the before/after (unrepaired) value difference.", "citation": "Moeller v. Farmers Ins. Co. of Wash., 173 Wn.2d 264, 267 P.3d 998 (2011); 6 Wash. Prac., WPI 30.11", "source_url": "https://www.insurance.wa.gov/insurance-resources/auto-insurance/auto-insurance-claims/filing-auto-insurance-claim" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "RCW 4.16.080(2)", "source_url": "https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.080" }, "doi": { "name": "Washington State Office of the Insurance Commissioner", "complaint_url": "https://www.insurance.wa.gov/complaints-appeals-fraud/complaints", "phone": "1-800-562-6900" }, "confidence": "high", "tl_caveats": [ "Chapter 284-30 WAC was substantially amended by WSR 26-17-089, filed August 18, 2026 and effective October 18, 2026. Claims that arose before that date may be governed by the earlier text (for example the old accept-or-deny timing)." ], "dv_caveats": [ "Third-party diminished value rests on Insurance Commissioner guidance. The pattern jury instruction's 'lesser of' measure (WPI 30.11, as reported in a law-firm 50-state survey (Matthiesen, Wickert & Lehrer)) points the other way, and we have not reviewed a Washington appellate auto case on post-repair diminished value for third parties.", "We have not reviewed the Moeller opinion itself; it is confirmed through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer) and widely reported." ], "reopen_window": { "window": "35 days of payment", "citation": "WAC 284-30-391(6)" }, "vehicle_sales_tax": { "state_rate": 0.07, "summary": "6.5% state retail sales tax plus a 0.5% state motor vehicle sales tax (raised from 0.3% on Jan 1, 2026, SB 5801), for 7.0% at state level before local and RTA rates. An extra 8% luxury tax applies to the price above $100,000 (from 2026).", "source_url": "https://dor.wa.gov/sites/default/files/2025-11/Q126_MVET_flyer.pdf", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high", "luxury_rate": 0.08, "luxury_threshold": 100000 }, "slug": "washington", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/washington", "diminished_value": "https://fairmarkvalue.com/diminished-value/washington" }, "fees_first_party": "required", "sales_tax_third_party": "not_stated" }, { "code": "WV", "name": "West Virginia", "total_loss_threshold": { "type": "percent", "percent": 75, "summary": "A 'total loss' is a vehicle with damage equal to 75% or more of its market value per a nationally accepted used car value guide, or a flood-damaged vehicle; insurers must determine before payment whether it is repairable, cosmetically damaged or nonrepairable.", "citation": "W. Va. Code § 17A-4-10(a)-(b)", "source_url": "https://code.wvlegislature.gov/17A-4-10/", "governs": "title" }, "sales_tax_and_fees": { "first_party_rule": "required", "summary": "On a cash total-loss settlement under collision/comprehensive, the insurer must add an amount equal to 5% of the agreed cash settlement value to reimburse the state excise (titling) tax. The rule does not address title or registration fees.", "citation": "W. Va. Code R. § 114-14-7.4(a)(4)", "source_url": "https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-114-14-7" }, "valuation_method_rules": { "summary": "Cash settlements must use the latest Commissioner-approved 'Official Used Car Guide' (statistically valid, local-market primary, at least 85% of makes/models for 15 years, comparables available within 90 days, licensed-dealer data) as the minimum value. Any downward deviation needs documented condition detail, and deductions must be measurable, discernible, itemized and appropriate; condition deductions must rest on a physical attribute that lowers value. If the car is not in the guide, the insurer must use dealer quotes on similar vehicles, and the offer must let the insured buy a substantially similar vehicle. 'Substantially similar' means same make, model and year, substantially the same condition, all major options, and mileage no more than 4,000 miles higher unless agreed. The insurer must give a written explanation stating the base dollar figure, its source, and every addition and subtraction. If salvage is deducted, the insurer must name a salvage dealer who will pay that amount. Betterment/depreciation deductions are limited to parts normally replaced during the vehicle's life, prorated by expired useful life. Unreasonably low offers are prohibited, and the Commissioner weighs whether the insurer considered the claimant's evidence. No unreasonable travel to inspect a replacement.", "citation": "W. Va. Code R. §§ 114-14-6.4, 114-14-6.14, 114-14-7.2(d)-(e), 114-14-7.3(e)-(f), 114-14-7.4", "source_url": "https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-114-14-7" }, "claim_timelines": { "summary": "Acknowledge within 15 working days and reply to pertinent communications within 15 working days; begin investigating within 15 working days. If the insurer will inspect, it must do so and make a good-faith offer within 7 working days of notice (plus 5 working days for total losses). Deny in writing or make a written offer within 10 working days after the investigation ends. If more than 30 calendar days are needed to decide, give written notice within 15 working days after that 30-day period, then updates every 45 calendar days. If any physical-damage element is unresolved 15 working days after proof of loss, explain the delay in writing and update every 30 calendar days. Deliver proof of loss or payment within 10 working days after the insured accepts the offer (15 for total losses), and pay agreed amounts within 15 working days. Unrepresented claimants must get notice of a limitations deadline at least 30 days (first-party) or 60 days (third-party) before it expires.", "citation": "W. Va. Code R. §§ 114-14-5.1, 5.3; 114-14-6.2, 6.3, 6.7, 6.11, 6.12; 114-14-7.3(c),(g), 7.4(e), 7.5", "source_url": "https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-114-14-6", "deadlines": { "acknowledge": "15 working days", "decide": "10 working days after the investigation ends", "decide_kind": "offer_or_denial", "pay": "10 working days after you accept (15 for a total loss)" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Demand the written explanation with base value, source and itemized adjustments, and check that the 5% excise reimbursement was added. Any notice rejecting part of a claim must tell you that you may contact the Insurance Commissioner and give its address, phone and website. Use the policy appraisal clause if available, or sue in magistrate or circuit court. The property-damage limitations period is 2 years.", "diminished_value": { "third_party": "limited", "first_party": "generally_not", "summary": "Third-party: when a repaired car looks and runs the same but its market value fell because it was in an accident, the owner may recover repair cost plus the diminution in market value. This exception is narrow: it requires proof of DV, structural damage, and a vehicle of significant pre-accident value, and the total may not exceed pre-accident market value (Ellis v. King; Brooks v. City of Huntington). First-party: no authority allowing DV under auto policies; the OIC withdrew a 2001 informational letter on the topic.", "citation": "Ellis v. King, 400 S.E.2d 235 (W. Va. 1990); Brooks v. City of Huntington, 768 S.E.2d 97 (W. Va. 2014)", "source_url": "https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf" }, "statute_of_limitations_property_damage": { "years": 2, "citation": "W. Va. Code § 55-2-12(a)", "source_url": "https://codes.findlaw.com/wv/chapter-55-actions-suits-and-arbitration-judicial-sale/wv-code-sect-55-2-12/" }, "doi": { "name": "West Virginia Offices of the Insurance Commissioner (Property & Casualty Consumer Services)", "complaint_url": "https://www.wvinsurance.gov/Consumer-Services-P-C", "phone": "1-888-879-9842 (toll-free); 304-720-8580 (P&C Consumer Services)" }, "confidence": "high", "tl_caveats": [ "We confirmed § 17A-4-10 (75%) and § 55-2-12(a) in a copy current as of January 1, 2024. We have not rechecked reported 2025 amendments (HB 3089).", "114CSR14 does not mention title or registration fees; whether insurers must also pay them is unclear.", "The 5% excise reimbursement is in section 7, which applies to collision and comprehensive (your own policy) claims. A law-firm 50-state survey (Matthiesen, Wickert & Lehrer) says insurers on third-party claims must follow the same rules, but we found no rule text saying so.", "We have not checked whether the rule's fixed 5% still matches the current state vehicle excise tax rate." ], "dv_caveats": [ "We confirmed § 17A-4-10 (75%) and § 55-2-12(a) in a copy current as of January 1, 2024. We have not rechecked reported 2025 amendments (HB 3089).", "We confirmed Ellis and Brooks only through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we have not reviewed the opinions." ], "vehicle_sales_tax": { "state_rate": 0.06, "summary": "6% privilege (titling) tax on the price less a WV-titled trade-in, in lieu of sales tax, collected by the DMV. New residents with a vehicle already titled to them are exempt. The DMV guidance shows no local add-on.", "source_url": "https://dmv.wv.gov/titles", "tax_type": "privilege_titling_tax", "local_rates_add": false, "cap": null, "confidence": "medium" }, "slug": "west-virginia", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/west-virginia", "diminished_value": "https://fairmarkvalue.com/diminished-value/west-virginia" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "WI", "name": "Wisconsin", "total_loss_threshold": { "type": "percent", "percent": 70, "summary": "A 'salvage vehicle' is a vehicle less than 7 years old damaged so that the greater of estimated or actual repair cost exceeds 70% of its fair market value (hail-only damage excluded unless replacement parts are used). Older vehicles fall outside this titling definition, and insurers may still declare total losses on their own analysis.", "citation": "Wis. Stat. § 340.01(55g)", "source_url": "https://docs.legis.wisconsin.gov/statutes/statutes/340/01/55g", "governs": "title_only" }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Wisconsin statute or OCI rule found that addresses sales tax, title or registration fees in total-loss settlements; Ins 6.11 is a general unfair-practices rule. A law-firm 50-state chart reports that insurers have been cited under Ins 6.11 for not reimbursing sales tax on first-party total losses (pointing to OCI consumer publications PI-057 and PI-233, which we could not obtain), but no published OCI rule or bulletin was found. Whether these amounts are owed depends on the policy language.", "citation": "Wis. Admin. Code Ins 6.11 (silent)", "source_url": "https://www.law.cornell.edu/regulations/wisconsin/Wis-Admin-Code-SS-Ins-6-11" }, "valuation_method_rules": { "summary": "No Wisconsin rule prescribing total-loss valuation methods (comparables, radius, dealer quotes) was found. When committed without just cause and often enough to be a general business practice, it is an unfair practice to fail to attempt in good faith a fair and equitable settlement when liability is reasonably clear; to fail, on a claimant's request, to promptly give a reasonable explanation of the policy or legal basis for a denial or compromise offer; and to compel suits by offering substantially less than is ultimately recovered.", "citation": "Wis. Admin. Code Ins 6.11(3)(a)4, 5, 10", "source_url": "https://www.law.cornell.edu/regulations/wisconsin/Wis-Admin-Code-SS-Ins-6-11" }, "claim_timelines": { "summary": "A claim is overdue if not paid within 30 days after the insurer gets written notice of the covered loss and its amount, or 30 days after the policy's required proof of loss. Overdue payments bear 7.5% simple annual interest. Under the unfair-practices rule, 'prompt' means responsive action within 10 consecutive days of a claim communication unless another period applies.", "citation": "Wis. Stat. § 628.46(1)-(2); Wis. Admin. Code Ins 6.11(4)", "source_url": "https://docs.legis.wisconsin.gov/statutes/statutes/628/III/46", "deadlines": { "acknowledge": "10 days (prompt response)", "decide": null, "pay": "30 days after notice of the loss and its amount", "late": "7.5% simple annual interest" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Ask in writing for the basis of the offer (Ins 6.11(3)(a)5) and counter with comparables. Use the policy appraisal clause if available. You can complain to OCI, which reviews claim handling for compliance with the policy and Wisconsin law but says it cannot decide the value of a claim. Track the 30-day timely-payment clock for 7.5% interest. Small claims court is available. Property damage from a motor-vehicle accident has a 3-year limitations period.", "diminished_value": { "third_party": "recoverable", "first_party": "generally_not", "summary": "Third-party: the owner may generally recover the lesser of repair cost or diminution in value, but can recover both repair cost and post-repair loss of value if repairs did not restore the vehicle to its pre-injury value (Hellenbrand v. Hilliard; Paulson v. Allstate). First-party: a policy's repair option does not require restoring pre-loss market value, so no DV is owed after adequate repairs (Wildin v. American Family).", "citation": "Hellenbrand v. Hilliard, 687 N.W.2d 37 (Wis. Ct. App. 2004); Paulson v. Allstate Ins. Co., 649 N.W.2d 645 (Wis. Ct. App. 2002); Wildin v. Am. Family Mut. Ins. Co., 638 N.W.2d 87 (Wis. Ct. App. 2001)", "source_url": "https://www.mwl-law.com/wp-content/uploads/2018/02/DIMINUTION-IN-VALUE-IN-ALL-50-STATES.pdf" }, "statute_of_limitations_property_damage": { "years": 3, "citation": "Wis. Stat. § 893.52(2) (3 years for property damage from a motor-vehicle accident, created by 2015 Wis. Act 133 for accidents on or after Feb. 6, 2016; 6 years otherwise under § 893.52(1))", "source_url": "https://docs.legis.wisconsin.gov/statutes/statutes/893/v/52" }, "doi": { "name": "Wisconsin Office of the Commissioner of Insurance (OCI)", "complaint_url": "https://oci.wi.gov/Pages/Consumers/Filing-a-Complaint.aspx", "phone": "1-800-236-8517 (toll-free in Wisconsin); 608-266-0103" }, "confidence": "medium", "tl_caveats": [ "We could not recheck Wis. Stat. §§ 340.01(55g), 628.46 and 893.52 on the official site; their text comes from archived official pages (2025-2026). We also could not confirm the Commissioner of Insurance complaint page and phone numbers. Call 608-266-0103 to confirm before you file.", "Ins 6.11 is confirmed through Cornell's Legal Information Institute (last amended March 1, 2000).", "We found no Wisconsin rule or case on sales tax or title fees in total-loss settlements. The reported citations under Ins 6.11 come only from a law-firm 50-state survey (Matthiesen, Wickert & Lehrer).", "The 3-year property-damage deadline in § 893.52(2) (for claims arising on or after February 6, 2016) is supported by a law-firm state summary, not the act text." ], "dv_caveats": [ "We could not recheck Wis. Stat. §§ 340.01(55g), 628.46 and 893.52 on the official site; their text comes from archived official pages (2025-2026). We also could not confirm the Commissioner of Insurance complaint page and phone numbers. Call 608-266-0103 to confirm before you file.", "The 3-year property-damage deadline in § 893.52(2) (for claims arising on or after February 6, 2016) is supported by a law-firm state summary, not the act text.", "We confirmed the Wisconsin diminished value cases only through a law-firm 50-state survey (Matthiesen, Wickert & Lehrer); we have not reviewed the opinions or checked the later history of Paulson v. Allstate (Ct. App. 2002)." ], "vehicle_sales_tax": { "state_rate": 0.05, "summary": "5% state sales tax plus county tax where the vehicle is kept: usually 0.5%; Milwaukee County 0.9% plus 2% City of Milwaukee (since Jan 1, 2024).", "source_url": "https://www.revenue.wi.gov/DOR%20Publications/pb202.pdf", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "wisconsin", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/wisconsin", "diminished_value": "https://fairmarkvalue.com/diminished-value/wisconsin" }, "fees_first_party": "not_stated", "sales_tax_third_party": "not_stated" }, { "code": "WY", "name": "Wyoming", "total_loss_threshold": { "type": "none_specified", "percent": null, "summary": "A 'salvage vehicle' is one an insurance company has declared a total loss; the test of repair cost exceeding 75% of actual retail cash value (per a nationally recognized appraisal guide or other Department-approved source) applies only when no insurer is involved in settling the claim.", "citation": "Wyo. Stat. § 31-2-106(a)(v)", "source_url": "https://wyoleg.gov/statutes/compress/title31.pdf", "governs": "none", "non_insurer_percent": 75 }, "sales_tax_and_fees": { "first_party_rule": "unclear", "summary": "No Wyoming statute or Department of Insurance rule requiring sales tax, title or registration fees in total-loss settlements was found; the Department's physical-damage claims rule (Ch. 33 § 33-4) is silent. A law-firm 50-state chart reports that the Department's position is that sales tax is included in third-party total-loss settlements, based on the vehicle's appraised pre-loss value, but says no statute, rule or formal opinion supports it.", "citation": "044-33 Wyo. Code R. § 33-4 (silent); Wyo. Stat. § 26-13-124 (silent)", "source_url": "https://www.mwl-law.com/state/wyoming/" }, "valuation_method_rules": { "summary": "No Wyoming rule prescribing total-loss valuation methods (comparables, radius, dealer quotes, itemized deductions) was found. The Department's Unfair Trade Practices rule requires insurers to adjust first- and third-party motor-vehicle physical-damage claims by one of three options: pay the loss in its entirety in money based on an appraisal of the damage, repair the vehicle, or replace it. The unfair claims settlement statute (for practices frequent enough to be a general business practice) prohibits failing to promptly give a reasonable explanation of the policy basis for a denial or compromise offer, failing to attempt in good faith a prompt, fair and equitable settlement when liability is reasonably clear, and compelling insureds to sue by offering substantially less than is ultimately recovered.", "citation": "044-33 Wyo. Code R. § 33-4(a)-(b); Wyo. Stat. § 26-13-124(a)(vi), (vii), (xiv)", "source_url": "https://www.law.cornell.edu/regulations/wyoming/044-33-Wyo-Code-R-SS-33-4" }, "claim_timelines": { "summary": "Property or casualty claims must be accepted or rejected and paid within 45 days after the insurer receives the claim and supporting bills. If an insurer's refusal to pay the full covered loss is unreasonable or without cause, the court may award attorney's fees and 10% annual interest. No acknowledgment deadline in days was found; the unfair claims statute requires insurers to acknowledge and act reasonably promptly on claim communications and to affirm or deny coverage within a reasonable time after proof of loss. The insurer must answer Department inquiries within 20 calendar days.", "citation": "Wyo. Stat. § 26-15-124(b)-(c); § 26-13-124(a)(ii), (v); 044-33 Wyo. Code R. § 33-5", "source_url": "https://wyoleg.gov/statutes/compress/title26.pdf", "deadlines": { "acknowledge": null, "decide": "45 days after the claim and bills (accept or reject and pay)", "pay": "45 days after the claim and supporting bills", "late": "A court may award attorney's fees and 10% interest if the refusal is unreasonable" } }, "consumer_can_reject_and_keep_negotiating": "Yes. Dispute in writing and ask for the policy basis for the offer (Wyo. Stat. § 26-13-124(a)(xiv)). Use the policy appraisal clause if available, or contact the Wyoming Department of Insurance; its Consumers page links 'File a Complaint' to an online consumer portal hosted on gov.sircon.com. Track the 45-day accept-or-reject-and-pay deadline. In court, an unreasonable refusal to pay can bring attorney's fees and 10% interest under § 26-15-124(c). Small claims (circuit court) is available for small amounts. The 4-year limitations period covers injury to personal property.", "diminished_value": { "third_party": "unclear", "first_party": "unclear", "summary": "No Wyoming decision on post-repair diminished value of a vehicle (first- or third-party) was found. The Wyoming Supreme Court has said damage to a vehicle that is not totally destroyed may be measured either by cost of repairs or by decrease in market value 'as the occasion may require' (Meredith GMC v. Garner, as described in Aetna v. Langdon), and in Langdon it read the Department's claims rule as not barring a cash offer based on decrease in market value. Neither case addresses recovering repair cost plus remaining loss in value.", "citation": "Aetna Cas. & Sur. Co. v. Langdon, 624 P.2d 240 (Wyo. 1981); Meredith GMC, Inc. v. Garner, 328 P.2d 371 (Wyo. 1958)", "source_url": "https://hallapproved.com/wy/cases/supreme/1981/1165056/" }, "statute_of_limitations_property_damage": { "years": 4, "citation": "Wyo. Stat. § 1-3-105(a)(iv)(B)", "source_url": "https://wyoleg.gov/statutes/compress/title01.pdf" }, "doi": { "name": "Wyoming Department of Insurance (Consumer Affairs Section)", "complaint_url": "https://doi.wyo.gov/consumers", "phone": "1-800-438-5768 (toll-free); 307-777-7402" }, "confidence": "medium", "tl_caveats": [ "We read the statutes (Titles 1, 26 and 31) in the official PDFs on November 4, 2026. We used the Department rules (Ch. 33 §§ 33-4, 33-5; § 33-4 amended effective February 21, 2018) as published by Cornell's Legal Information Institute, not the Secretary of State rules site.", "Chapter 30 (auto property damage adjustment) appears with the same three settlement options as Ch. 33 § 33-4; we have not confirmed whether Chapter 30 is still in force.", "The Department's reported position that sales tax is owed in third-party total losses comes only from a law-firm chart." ], "dv_caveats": [ "We read the statutes (Titles 1, 26 and 31) in the official PDFs on November 4, 2026. We used the Department rules (Ch. 33 §§ 33-4, 33-5; § 33-4 amended effective February 21, 2018) as published by Cornell's Legal Information Institute, not the Secretary of State rules site.", "We found no Wyoming auto diminished value case law. We used an unofficial case-law site for the full text of Langdon, and know Meredith GMC only as described in Langdon." ], "vehicle_sales_tax": { "state_rate": 0.04, "summary": "4% state rate (3% plus an additional 1%, W.S. 39-15-104). County local-option taxes are added; the county treasurer collects at first registration at the rate of the owner's county of residence.", "source_url": "https://www.wyoleg.gov/2026/Enroll/SF0079.pdf", "tax_type": "sales_tax", "local_rates_add": true, "cap": null, "confidence": "high" }, "slug": "wyoming", "pages": { "total_loss": "https://fairmarkvalue.com/total-loss/wyoming", "diminished_value": "https://fairmarkvalue.com/diminished-value/wyoming" }, "fees_first_party": "not_stated", "sales_tax_third_party": "unclear" } ] }