Diminished Value claims in Maryland

Maryland drivers have 3 years to file a diminished value claim.

The clock on a diminished value (DV) claim starts on the date of loss — not the date repairs finish. Bring verified comparable-sales evidence to the at-fault driver's carrier and recover the market-value loss your vehicle took.

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Check your Maryland filing deadline

Enter the date of your accident below. We'll show your exact 3-year statute-of-limitations deadline and how many days remain.

The date of the accident, not the date repairs were completed.

Maryland diminished value claim facts

Statute of limitations

3 years from date of loss

Md. Code Cts. & Jud. Proc. § 5-101 sets a 3-year statute of limitations for civil actions including property damage from motor-vehicle accidents. The clock runs from the date of loss.

First-party DV

Limited — depends on policy

Third-party DV (at-fault carrier)

Yes — widely recognized

UM/UIM coverage

Yes

Small-claims max

$5,000

Total-loss threshold

75% of ACV

Statute citation: Md. Code Cts. & Jud. Proc. § 5-101 (3-year general civil SOL)

Why this matters in Maryland

Maryland is one of only 5 contributory-negligence jurisdictions in the country (with Alabama, North Carolina, Virginia, and DC). ANY contributory fault by the plaintiff bars recovery entirely. This is the most critical strategic factor in any Maryland DV claim.

The contributory-negligence bar

If the carrier can argue any portion of fault to the claimant, third-party recovery may be barred entirely. Maryland claimants must build airtight no-fault-on-claimant evidence:

- Police report showing the other driver as at-fault - Witness statements confirming claimant's lack of fault - Traffic-camera footage where available - Photos of vehicle damage and skid marks

First-party DV is restricted

First-party DV under standard collision coverage is more restricted in Maryland. The reliable path is third-party DV (subject to the contributory bar) or UM/UIM.

The 3-year filing window

The Maryland SOL is 3 years from the date of loss under Md. Code Cts. & Jud. Proc. § 5-101.

UM/UIM mandatory (cannot be rejected)

UM/UIM in Maryland CANNOT be rejected entirely — Md. Code Ins. § 19-509 mandates minimum limits automatically. The contributory-negligence bar applies less directly to UM/UIM because the carrier's obligation is contractual.

The 75% total-loss threshold

Md. Transp. § 11-152 defines salvage at 75% of FMV.

Mesmer — bad-faith framework

Mesmer v. Maryland Automobile Insurance Fund, 353 Md. 241 (Md. 1999): Maryland recognizes a tort cause of action where an insurer refuses in bad faith to settle a third-party's claim against the insured; a denial of coverage alone is a contract action only.

How to file in Maryland

- District Court Small Claims: cases up to $5,000 - District Court (general civil): $5,000–$30,000 - Circuit Court: above $30,000 - Consumer complaints at insurance.maryland.gov

Ready to recover your diminished value in Maryland?

Not sure where you stand? Start with the free Silver Report — Year/Make/Model only, 30 seconds, no payment, no obligation. It gives you a market-anchored ACV for your Maryland ZIP that you can use immediately in any ACV or DV negotiation with your carrier. Upgrade to the full Inherent Diminished Value Report only if your Maryland 3-year filing window and case facts warrant it.

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Maryland diminished value claim FAQ

State-specific answers plus universal diminished value questions. See the full FAQ for the complete 70+ entries.

Maryland drivers: don't leave money on the table

Carriers settle DV claims for an average of 25% of the true diminished value when claimants don't bring comparable-sales evidence. Anchor your Maryland claim with a VVA report and the included pre-addressed Carrier Demand Letter — most settle without litigation.

Inherent Diminished Value Reports cover all 50 US states.

State legal information on this page is general guidance only and may be subject to retroactive verification. Content status: Verified (state-statute, last reviewed 2026-05-21). Our Inherent Diminished Value Reports cover all 50 US states regardless of guide status. See the legal disclaimer for full verification details.