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Diminished value is the resale value your car loses after an accident — even once it has been repaired perfectly. Here is what it means, why it happens, and how the loss is actually measured.

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Dawn J.Conduit Law not only helped me through the process, they cared about me as a human.
Crystal H.Wonderful Attorneys! Very communicative, personable, and reliable.
Jalen K.Jon and Elliot made things easy for me after my accident.
Scott W.The greatest experience — they made a full recovery from my injury.
Zuri L.They handled my case with expertise and delivered beyond expectations.
Dawn J.Conduit Law not only helped me through the process, they cared about me as a human.
Crystal H.Wonderful Attorneys! Very communicative, personable, and reliable.
Jalen K.Jon and Elliot made things easy for me after my accident.
Scott W.The greatest experience — they made a full recovery from my injury.
Zuri L.They handled my case with expertise and delivered beyond expectations.
$1,550,000M.S. — MVA with a commercial tree-trimming vehicle — 2025
$1,000,000J.D. — DoorDash MVA wrongful death — 2024
$450,000S.S. — Colorado MVA — 2026
$397,908.58H.P. — Colorado rear-end MVA — 2025
$330,000D.C. — Colorado MVA, passenger — 2026
$250,000C.T. — Kansas MVA hit-and-run (UIM) wrongful death — 2025
$250,000C.A. — Premises liability incident — 2023
$50,000L.C. — motorcycle accident — 2024
$25,000K.R. — motorcycle MVA — 2024
$1,550,000M.S. — MVA with a commercial tree-trimming vehicle — 2025
$1,000,000J.D. — DoorDash MVA wrongful death — 2024
$450,000S.S. — Colorado MVA — 2026
$397,908.58H.P. — Colorado rear-end MVA — 2025
$330,000D.C. — Colorado MVA, passenger — 2026
$250,000C.T. — Kansas MVA hit-and-run (UIM) wrongful death — 2025
$250,000C.A. — Premises liability incident — 2023
$50,000L.C. — motorcycle accident — 2024
$25,000K.R. — motorcycle MVA — 2024
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Diminished value is the resale value a car loses after an accident, even after repairs. What it is, why it happens, and how it is measured. $50M+ recovered for clients.

Diminished Value, Defined

Diminished value is the difference between what your vehicle was worth before an accident and what it is worth afterward — even when it has been completely and correctly repaired. Put two identical cars side by side: same year, make, model, and mileage. If one has an accident on its record and the other does not, the one with the accident sells for less. That price gap is your diminished value.

Say your car was worth $30,000 the day before the crash. After a flawless repair, comparable buyers will only pay $26,000 because of the accident history. You have lost $4,000 in value — and in most cases the at-fault driver's insurer owes it to you. The repair fixed the car; it did not fix the resale price. That recoverable gap is the heart of a diminished value claim.

The Quick Takeaways

  • Diminished value is a gap. It is the distance between your car's pre-accident value and its value after the repair is finished.
  • It exists because the accident is permanent. The collision stays on Carfax, and buyers pay less for a car that carries one.
  • It is not the same as depreciation. Diminished value is the extra loss the accident caused, on top of normal aging.
  • It is bigger on some cars than others. Newer, lower-mileage, and more valuable vehicles generally lose the most.

Why Your Car Loses Value — Even After a Perfect Repair

The instant an accident is reported, it generally lands on a vehicle-history report like Carfax or AutoCheck — and it stays there for good. Dealers pull those reports before they make a trade-in or resale offer, and private buyers check them too. A clean history is a selling point; an accident is a red flag, regardless of how well the work was done. So buyers discount the car, and it is worth measurably less than it was the day before. The body shop can restore the metal and the paint; it cannot restore the record.

Diminished Value vs. Normal Depreciation

It is easy to confuse the two, but they are different. Depreciation is the value any car loses gradually with age and mileage — it happens to every vehicle whether or not it is ever in a crash. Diminished value is the additional loss caused specifically by the accident and its permanent mark on your car's history. That extra loss is what a diminished value claim recovers; the ordinary depreciation is yours to absorb either way.

How Much Value Does a Car Lose?

There is no flat percentage — it depends on your specific vehicle. As a rule of thumb, the loss tends to be larger for newer cars, lower-mileage cars, and more valuable makes, because those are the vehicles where an accident history moves the price the most. Older, high-mileage, or lower-value cars may have little measurable diminished value. The severity of the damage matters too: structural or frame damage drags the resale price down further than a cosmetic repair. The only way to know your number is to measure it.

How Diminished Value Is Measured

A credible figure comes from the market, not a formula. A proper comparable-vehicle analysis looks at what cars like yours actually sell for — same year, make, model, trim, and mileage — with and without an accident on record. The spread between the two is your real, evidence-backed diminished value. Insurers often counter with the 17c formula, a capped calculation that usually understates the loss — which is exactly why a documented valuation matters when it is time to make a claim.

Where This Fits in the Larger Crash Claim

Diminished value is one piece of the vehicle side of a crash, alongside repair costs, total-loss value, loss of use, and rental. If you were also hurt, the injury claim runs on a separate clock and should not be quietly bundled with the smaller vehicle figure. When you are ready, our step-by-step guide to filing a diminished value claim walks through what to gather and how to send the demand, and our Denver property damage lawyer page covers the full vehicle picture.

Personal Injury Laws by State — Colorado, Arizona, California & Kansas

Colorado follows a modified comparative negligence system under C.R.S. § 13-21-111, barring recovery if the plaintiff is 50% or more at fault and reducing damages by the plaintiff's fault percentage. Most injury claims: 2 years from the date of injury. Auto collisions: 3 years from the date of crash. Arizona applies pure comparative negligence under A.R.S. § 12-2505, allowing recovery regardless of the plaintiff's fault percentage — even a plaintiff 99% at fault can recover 1% of damages. Arizona's statute of limitations is two years under A.R.S. § 12-542. California also follows pure comparative negligence under CCP § 1431.2, with a two-year filing deadline per CCP § 335.1. Kansas mirrors Colorado's approach with a modified comparative negligence threshold of 50% under K.S.A. § 60-258a, but allows only a two-year filing window under K.S.A. § 60-513. These differences significantly impact case strategy — a plaintiff 55% at fault recovers nothing in Colorado or Kansas but retains a reduced claim in Arizona and California.

Common Questions

What is a diminished value claim?

A diminished value claim is a request to recover the resale value your vehicle lost because of an accident — paid, in most cases, by the at-fault driver's insurer. It exists because a car with an accident on its history sells for less than an identical one without, even after a perfect repair.

Does every car have diminished value after an accident?

Most do to some degree, but the dollar amount varies. Newer vehicles, lower-mileage vehicles, and more valuable makes tend to lose more. Older, high-mileage, or lower-value cars may have little measurable loss.

Is diminished value the same as depreciation?

No. Depreciation is the normal value a car loses over time and with use. Diminished value is the extra loss caused specifically by the accident and its place on your car's permanent history — value you would not have lost otherwise.

Who pays for diminished value?

Usually the at-fault driver's insurance company. If you were not at fault and the other driver was insured, you are typically the one positioned to recover it as a third-party claim.

Does an accident on Carfax lower my car's value?

Yes. Once an accident is reported, it generally appears on history reports like Carfax and AutoCheck permanently. Buyers and dealers see it, treat the car as higher-risk, and pay less — even when the repairs were done perfectly.
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Colorado Crash Reality · 2024

By the Numbers

Behind each of these numbers is a person and a family whose year changed in an instant. We keep them in front of us because understanding how and where Colorado crashes happen is part of building a stronger case — and part of staying safer on the roads you drive every day.

684
people killed on Colorado roads
down ~5% from 2023
162
motorcyclists killed
up 23% over 2023
237
lives lost to speeding
210
deaths involving an impaired driver
39,345people died on U.S. roads in 2024 (NHTSA estimate)

Source: Colorado Department of Transportation (CDOT), 2024; NHTSA, 2024. Figures reflect the most recent full-year data published at the time of writing.

Injury Law at a Glance — CO, CA, AZ & KS

Three things shape almost every injury claim: how long you have to file, how fault is divided, and what the law lets you recover. They differ by state — here is where the four states we practice in stand.

Colorado

This page
Deadline to file
3 years
C.R.S. § 13-80-101 (motor-vehicle injury)
Fault rule
Modified (50% bar)
You can recover only if you were less than 50% at fault; your award is reduced by your share.
C.R.S. § 13-21-111
Damage caps
Non-economic damages capped
$1.5M for general injury claims accruing on or after Jan. 1, 2025; medical malpractice is capped separately and lower; re-indexed for inflation starting 2028.
C.R.S. § 13-21-102.5 (HB 24-1472)

California

Deadline to file
2 years
Cal. Code Civ. Proc. § 335.1
Fault rule
Pure comparative
You can recover even if you were mostly at fault; your award is reduced by your percentage of fault.
Li v. Yellow Cab Co. (1975)
Damage caps
No general cap
No cap on damages in ordinary injury cases. Medical-malpractice non-economic damages are limited by statute and increase each year.
Cal. Civ. Code § 3333.2

Arizona

Deadline to file
2 years
A.R.S. § 12-542
Fault rule
Pure comparative
You can recover even if you were mostly at fault; your award is reduced by your percentage of fault.
A.R.S. § 12-2505
Damage caps
No damage caps
Damage caps are prohibited by the Arizona Constitution.
Ariz. Const. art. 2, § 31

Kansas

Deadline to file
2 years
K.S.A. § 60-513
Fault rule
Modified (50% bar)
You can recover only if you were less than 50% at fault; your award is reduced by your share.
K.S.A. § 60-258a
Damage caps
Injury: no cap
No cap on non-economic damages in injury cases (Hilburn v. Enerpipe, 2019). Wrongful-death nonpecuniary damages are capped at $250,000.
K.S.A. § 60-1903 (wrongful death)

General information, not legal advice — and deadlines can be shorter for claims against government entities or in special circumstances. Laws change; confirm the deadline that applies to your case with an attorney before relying on it.