Diminished value claims in Idaho

Can you claim diminished value in Idaho?

Short answer: Idaho courts have not clearly decided whether you can recover it from the at-fault driver's insurer.

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.

Source: Mitchell v. Dyer, 81 Idaho 344, 341 P.2d 891 (1959); Baldwin v. Mittry, 61 Idaho 427, 102 P.2d 643 (1940)

See which states allow diminished value claims.

Does your own insurance pay diminished value in Idaho?

Short answer: There is no clear Idaho rule either way, so check your policy wording.

A claim on your own collision coverage depends on what your policy promises. Read its definition of "loss" and any exclusion for diminution in value before you ask. The Idaho rule above is the starting point; your policy wording can narrow it.

What to do when Idaho law is unclear

Unclear does not mean no. It means we found no Idaho court decision that settles the question. You can still ask the at-fault driver's insurer in writing, with evidence of the lost value, and ask for its reasons in writing if it refuses.

• Keep the deadline below in view. Talking with the insurer does not usually stop it from running.
• Base your number on market evidence, not on a formula the insurer picks.
• If the insurer will not engage, a local attorney can tell you whether Idaho courts are likely to allow the claim. Many offer a free first call.

How to file a diminished value claim in Idaho

1. Finish the repair and get the final invoice showing every part and labor operation.
2. Document the pre-accident value of your exact trim and mileage.
3. Collect proof of the loss: a vehicle history report showing the accident, written trade-in offers, or an independent appraisal.
4. Send a written demand to the at-fault driver's insurer with a specific amount and your evidence.
5. If they refuse or lowball, you can sue the at-fault driver in small claims court before the deadline.

How to document the value before and after

• Before: save listings for cars of the same year, trim and mileage from just before the accident, and any records of options, upgrades and maintenance.
• After: get at least two written trade-in or purchase offers from dealers who see the repaired car and its history report.
• Keep the repair invoice, photos of the damage and the history report entry; they show what a buyer will see.

Step-by-step help with each part: how to file a diminished value claim.

Will the insurer use the 17c formula in Idaho?

Many adjusters calculate diminished value by capping it at 10% of the car's value and then applying damage and mileage multipliers. The result is often a few hundred dollars. It is not based on what buyers actually pay, and you do not have to accept it. How the 17c formula works.

Deadline to file a diminished value claim in Idaho

Short answer: You generally have 3 years to sue the at-fault driver for damage to your car (Idaho Code s. 5-218(3)). Send your written demand well before then.

Property damage claims in Idaho generally must be filed in court within 3 years of the accident.

Source: Idaho Code s. 5-218(3) (action for taking, detaining or injuring any goods or chattels: 3 years)

How to file an insurance complaint in Idaho

Short answer: File a free complaint with the Idaho Department of Insurance online. It asks the insurer for a written response, but it cannot set the amount you are owed.

If an insurer ignores your claim or will not explain a refusal, the state insurance regulator takes complaints.