Indiana drivers have 2 years to file a diminished value claim.

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Indiana diminished value claim facts

Statute citation: Ind. Code § 34-11-2-4 (2-year SOL for injury to personal property)

Why this matters in Indiana

Indiana presents an unusually clear first-party DV rule and a moderately consumer-friendly third-party framework. The Indiana Supreme Court's decision in Allgood v. Meridian Sec. Ins. Co. (Ind. 2005) is one of the most-cited carrier-favorable first-party DV cases in the country — Allgood held that under a standard Indiana collision policy where the carrier elects to repair, first-party DV is not separately recoverable. The policy's repair-or-replace language was construed to limit the carrier's obligation to the cost of repair, even if the repair does not fully restore the vehicle's market value. The practical effect: do not waste time pursuing first-party DV against your own collision carrier in Indiana. Direct your effort to the at-fault driver's liability carrier (or your UM/UIM coverage if the at-fault driver was uninsured). Third-party DV claims against the at-fault driver's liability carrier are recognized under common-law tort principles. The measure of property damage in Indiana is the difference between pre-loss fair market value and post-repair fair market value, plus the cost of repair where the repair does not fully restore the vehicle. Indiana courts have applied this rule consistently in tort cases. The Indiana statute of limitations for injury to personal property is two years from the date of loss under Ind. Code § 34-11-2-4. This is shorter than many states; do not let the file age past 18 months without making a written demand. The clock runs from the date of loss; some discovery-rule tolling may apply where the DV is not reasonably ascertainable until after repairs are completed. Uninsured motorist coverage is mandatory in Indiana (Ind. Code § 27-7-5-2) — it can be rejected in writing, but if not rejected it is part of your policy. UM/UIM is first-party coverage; the Allgood rule applies to limit DV recovery under collision, but UM/UIM is a separate analysis — the carrier's obligation is to pay "all sums" the at-fault driver would have been legally responsible for, which includes DV under common-law tort principles. Expect pushback, but the UM/UIM analysis is distinct from the Allgood collision-coverage analysis. For total-loss determinations, Indiana applies a 70% statutory threshold under Ind. Code § 9-22-3-3: a vehicle is declared salvage when the damage equals or exceeds 70% of the pre-damage value. This is a relatively low threshold; the ACV negotiation can pull borderline vehicles out of the total-loss column. The Indiana Department of Insurance (in.gov/idoi) accepts consumer complaints. The Indiana Small Claims Court hears cases up to $10,000 — workable for most DV claims. For amounts above $10,000, file in Superior Court or Circuit Court. The Indiana Crime Victim Compensation Act and the Indiana Deceptive Consumer Sales Act (Ind. Code § 24-5-0.5) can apply to bad-faith insurance practices in some contexts.

States with similar filing deadlines