Can I claim diminished value in Rhode Island?

Diminished value is the gap between what your car was worth just before the crash and what it is worth afterward. It is often described in three ways.

A third-party claim is a claim against the driver who caused the crash. It is usually presented to that driver's liability insurer, which pays on the driver's behalf if it accepts the claim.

Paying for repairs does not necessarily settle what the at-fault driver owes. If your car is still worth less after it is fixed, that lost value can be part of your property damage, along with the repair cost and the loss of use while the car was off the road.

Fault still matters. Rhode Island's comparative negligence rule applies to property damage, so your recovery is reduced by your share of the fault but is not barred.

In Urquhart v. Marty (1938), the Rhode Island Supreme Court held that the measure of damage to a car in an accident is the difference between its fair market value just before the accident and immediately after. In Stillman v. Prew (1962), the Court recited the same rule, along with its earlier statement that repair cost may be enough in a proper case with adequate proof.

In Roy v. Jette (1925), the Court allowed a jury to consider a drop in market value that remained after repairs. There, the evidence showed the crash caused lasting weakening that repairs did not correct. The Court said such depreciation is a proper subject for the jury if it is clearly proved.

Proof matters. In Stillman, the owner offered no evidence of the car's condition or value before the crash, and the Court reduced his award to $1 in nominal damages. The Court has also allowed recovery for loss of use, such as rental costs, in Longo v. Monast (1944).

A claim under your own collision coverage is a claim under a contract. Whether it pays for lost value turns on your policy's wording, including its limit of liability and any repair-or-replace language. Read it before you assume either way.

If the at-fault driver had no insurance, uninsured motorist property damage coverage may apply if your policy includes it. You can reject it in writing, and it is optional if you carry collision coverage. Rhode Island defines it to include damage to your vehicle and its loss of use, with a $200 deductible unless otherwise agreed.

Because the claim turns on value before and after the crash, the evidence should show both.

The three-year deadline in R.I. Gen. Laws § 9-1-14(b) applies to injuries to the person. It does not govern a claim for damage to your car alone. The state's official list of limitation periods shows no separate period for vehicle property damage, so the general rule in R.I. Gen. Laws § 9-1-13(a) applies: civil actions not otherwise limited must be brought within ten years after the claim arises.

Shorter deadlines can apply. A tort claim against the state or a city or town must be filed within three years. A claim under your own policy may be subject to notice and suit terms in the policy.

Do not wait. Evidence of your car's value before the crash is easiest to gather now, and a well-documented claim is harder to dispute.