Diminished value claims in North Dakota

Can you claim diminished value in North Dakota?

Short answer: Generally no. North Dakota law generally does not allow it on top of the repair cost (N.D.C.C. § 32-03-09.1).

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.

Source: N.D.C.C. § 32-03-09.1; Sullivan v. Pulkrabek, 2000 ND 107, 611 N.W.2d 162

See which states allow diminished value claims.

Does your own insurance pay diminished value in North Dakota?

Short answer: There is no clear North Dakota 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 North Dakota rule above is the starting point; your policy wording can narrow it.

How to file a diminished value claim in North Dakota

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 North Dakota?

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 North Dakota

Short answer: You generally have 6 years to sue the at-fault driver for damage to your car (N.D.C.C. § 28-01-16(4)). Send your written demand well before then.

Property damage claims in North Dakota generally must be filed in court within 6 years of the accident.

Source: N.D.C.C. § 28-01-16(4) (taking, detaining, or injuring goods or chattels)

How to file an insurance complaint in North Dakota

Short answer: File a free complaint with the North Dakota Insurance Department 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.