NATIONAL GUIDELINE — HOW TO FILE AUTO DIMINISHED VALUE SUIT
Small Claims & Civil Court (All 50 States)
⚖️ CORE PRINCIPLE
Auto diminished value (DV) is:
Market loss caused by accident history, not repair quality.
Key Points
✅ Vehicle does NOT need to be repaired
✅ Photos are not required for inherent DV
✅ Dealer market evidence is primary
✅ Minimum six independent dealer opinions recommended
✅ Expert witnesses usually unnecessary in small claims
📊 DV is measured by real-world retail dealer opinions, not auction value, formulas, algorithms, book values or online listings.
⚠️ REQUIRED PRE-SUIT DUE DILIGENCE
Judges expect plaintiffs to attempt resolution before filing:
✅ 1. Dealer Market Research
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Obtain at least six written dealer opinions on:
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Expected market loss percentage
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Any buyer resistance due to accident history
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Auction market value is not relevant; the correct measure is dealer market perception for your vehicle’s intended buyer.
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⚠️ Dealer retail asking price has no bearing on inherent DV
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✅ DV is determined by what the vehicle owner would realistically lose in the actual market they could sell or trade the car in
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🏛 Auction and dealer asking prices are not relevant for calculating inherent diminished value
✅ 2. Direct Demand to Responsible Party
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Send written demand to at-fault driver or insurer
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Include: accident facts, dealer findings, dollar demand, response deadline (10–30 days)
⚠️ Courts may view failure to demand as shifting avoidable burden to the court. Example: A judge questioned a plaintiff on whether he asked the responsible party to pay out-of-pocket; the court saw failure to attempt settlement as incomplete due diligence.
✅ 3. Documentation Package
Include:
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Police report or liability proof
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Dealer correspondence (6+ opinions)
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Appraisal summary if available
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Demand letters and responses
🏛 PROPER VENUE
General Rule Across U.S.:
File in a court located:
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Where the accident occurred OR
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Where the defendant resides OR
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Where the defendant’s insurance carrier does business (some states allow this)
This ensures the court has personal and subject matter jurisdiction.
🏛 SMALL CLAIMS COURT
Designed for self-representation and straightforward disputes.
⚠️ Step 1 — Confirm Monetary Limits
| State | Small Claims Limit |
|---|---|
| Alabama | $6,000 |
| Alaska | $10,000 |
| Arizona | $3,500 |
| Arkansas | $5,000 |
| California | $12,500 |
| Colorado | $7,500 |
| Connecticut | $5,000 |
| Delaware | $25,000 |
| Florida | $8,000 |
| Georgia | $15,000 |
| Hawaii | $5,000 |
| Idaho | $10,000 |
| Illinois | $10,000 |
| Indiana | $10,000 |
| Iowa | $6,500 |
| Kansas | $4,000 |
| Kentucky | $2,500 |
| Louisiana | $5,000 |
| Maine | $6,000 |
| Maryland | $5,000 |
| Massachusetts | No limit for motor vehicle property damage |
| Michigan | $7,000 |
| Minnesota | $15,000 |
| Mississippi | $3,500 |
| Missouri | $5,000 |
| Montana | $7,000 |
| Nebraska | $6,000 |
| Nevada | $10,000 |
| New Hampshire | $10,000 |
| New Jersey | $5,000 |
| New Mexico | $10,000 |
| New York City | $10,000 |
| New York (outside NYC) | $3,000–$10,000 (varies by county) |
| North Carolina | $5,000–$10,000 (varies by county) |
| North Dakota | $15,000 |
| Ohio | $6,000 |
| Oklahoma | $10,000 |
| Oregon | $10,000 |
| Pennsylvania | $12,000 |
| Rhode Island | $5,000 |
| South Carolina | $7,500 |
| South Dakota | $12,000 |
| Tennessee | $25,000 |
| Texas | $20,000 |
| Utah | $15,000 |
| Vermont | $5,000 |
| Virginia | $5,000 |
| Washington | $10,000 |
| West Virginia | $10,000 |
| Wisconsin | $10,000 |
| Wyoming | $6,000 |
⚠️ Step 2 — File Complaint
Include:
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Liability facts
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Nature of diminished value
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Dealer evidence summary
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Dollar demand
Attach dealer correspondence.
⚠️ Step 3 — Service of Process
Use:
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Sheriff
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Certified mail
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Process server
⚠️ Improper service = dismissal.
⚠️ Step 4 — Hearing Strategy
✅ Judges want:
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Clear, plain-language explanation of market loss
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Dealer opinions
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Simple, logical DV calculation
👉 Focus: The vehicle cannot be retailed at full value due to accident history.
🏛 CIRCUIT / GENERAL CIVIL COURT
Used for:
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Higher-value claims
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Contested disputes
Adds:
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Formal pleadings
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Discovery
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Possible expert testimony
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Pretrial motions
⚖️ SUMMARY JUDGMENT — EXPLANATION
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Motion asking judge to decide case without trial
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Defendant may claim:
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No measurable damage exists
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Plaintiff lacks admissible evidence
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Plaintiff responds with:
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Dealer market testimony
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Appraisal evidence
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Liability documentation
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👉 If factual disputes exist, case proceeds to trial.
✅ KEY PRINCIPLES
⚠️ Repairs Are Irrelevant
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DV is based on accident stigma, not quality of repair.
⚠️ Dealer Opinions Over Formulas
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DV determined by retail dealer perception
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Auction market not relevant for the vehicle owner’s market
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Algorithms or insurance formulas carry little weight
⚠️ Expert Witnesses in Small Claims
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Usually unnecessary
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Dealer statements are sufficient
Experts may be required in higher civil courts only.
✅ PLAINTIFF CHECKLIST
Evidence
☑ Minimum six dealer opinions
☑ Written demand sent
☑ Liability proof
☑ Market loss summary
Legal Readiness
☑ Proper venue confirmed
☑ Claim within policy limit
☑ Defendant correctly identified
☑ Service method planned
Court Preparation
☑ Evidence binder organized
☑ Oral explanation prepared
☑ Dealer correspondence copies
⚠️ PRACTICAL REALITY
Success depends on:
✅ Clear storytelling
✅ Credible dealer evidence
✅ Demonstrated settlement effort
✅ Logical explanation of inherent market loss
Not technical or cosmetic details.
First, email the body shop estimate or insurance company appraisal to contact@stlucieappraisal.net
Next, click on the payment button above to pay by Credit Card or Paypal. The fee for an Automobile Diminished Value Report is $275.00.
You may also make your Credit Card Payment by telephone, call 772-359-4300.
Service throughout Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin and Wyoming
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