How prior damage affects a diminished-value claim for a Missouri truck
Detailed answer
When you pursue a diminished-value claim in Missouri after a crash, the insurance company will try to measure how much the truck’s market value dropped because of that crash. Prior accidents that occurred before you owned the truck matter because they change the vehicle’s baseline value before the new crash. In simple terms: you can only claim loss in value that resulted from the most recent accident, not losses already baked into the truck’s value when you bought it.
Key legal context (Missouri)
Missouri law treats property-damage claims as civil claims for loss of property value. Claims over property damage and deadlines for civil actions are governed by the civil statutes in Chapter 516 of the Missouri Revised Statutes. For vehicle title branding (salvage/rebuilt titles) and title disclosure rules, see Chapter 301 of the Missouri Revised Statutes. Insurance company conduct and the Missouri Insurance Code are in Chapter 375. See:
- RSMo Chapter 516 (Statutes of Limitation and civil actions)
- RSMo Chapter 301 (Motor vehicle titles and brands)
- RSMo Chapter 375 (Insurance)
How insurers and courts typically handle prior accidents
Insurers and appraisers will try to separate three values:
- Market value of the truck immediately before the latest crash (pre-accident value).
- Market value after repairs following the latest crash.
- Any reduction in value that already existed before you purchased the truck because of earlier accidents, title brands (salvage/rebuilt), poor repairs, or hidden damage.
The insurer will reduce or deny your diminished-value claim to the extent the vehicle already carried a reduction in value from prior incidents. Practically, that means you must prove the pre-accident value that existed right before the new crash — not the value when the truck was new or what you paid originally if you bought it after earlier damage.
Proof you will need
To maximize a diminished-value claim where prior accidents exist, collect evidence that isolates the loss caused by the most recent accident:
- Vehicle history reports (Carfax, NMVTIS) showing prior accidents and title brands.
- Pre-purchase inspection reports or condition reports from when you acquired the truck.
- Repair invoices from prior and current repairs, with details on parts replaced, frame work, and paint.
- Photos taken before and after the new accident. If you lack pre-crash photos, market listings for similar trucks in similar condition can help establish pre-crash value.
- An independent diminished-value appraisal or expert report that explains methodology and separates prior-damage diminution from new-damage diminution.
Example (hypothetical)
Suppose you bought a used truck that had been in a prior accident. At purchase the market value reflected that prior accident (you paid $22,000). Later, a new at-fault driver damages the truck. An independent appraisal finds:
- Market value immediately before the new crash: $20,000 (already reduced by prior accident).
- Market value after repairs for the new crash: $16,000.
- Resulting diminished value caused by the new crash: $4,000.
In that example the insurer should consider your diminished-value claim around $4,000. The carrier will resist paying for any loss that occurred before you bought the truck or that was caused by earlier accidents.
Practical points under Missouri law
- Burden of proof: You must show what the truck was worth immediately before the new crash and how much the value dropped because of that crash.
- Title brands matter: If a prior accident resulted in a salvage or rebuilt title, many buyers treat the truck differently and market value drops substantially. Missouri’s motor vehicle title rules and branding can affect recoverable diminished value. See RSMo Chapter 301 for title-branding rules.
- Insurer defenses: Expect the insurer to compare market listings, use repair photos, and point to prior damage records. They will often offset any prior diminished value from your claim.
- Timelines: Don’t wait. Civil claim deadlines and insurance claim windows can eliminate remedies. See RSMo Chapter 516 for statutes of limitation that can apply to property-damage claims.
If an insurer denies or undervalues your diminished-value claim because of prior damage, you can respond with additional evidence or consider mediation, appraisal procedures under your policy, or a civil claim. If you take legal action, Missouri civil procedure and applicable statutes will govern how quickly you must act.
Disclaimer: I am not a lawyer. This information is educational only and does not constitute legal advice. For legal advice specific to your situation, consult a Missouri-licensed attorney.
Helpful Hints
- Pull a complete vehicle history report (Carfax, NMVTIS) as soon as possible.
- Keep all repair invoices and estimates from any prior owner and from the latest repair.
- Get an independent diminished-value appraisal that explains methodology and separates prior damage from new damage.
- Take clear, time-stamped photos of the truck from multiple angles before repairs and after repairs.
- If you bought the truck after prior repairs, find the pre-purchase inspection and any seller disclosures you received.
- Check the title for salvage/rebuilt branding; a branded title can drastically lower market value.
- Do not accept the insurer’s first low offer without documentation showing how they calculated it.
- Ask the insurer to explain any offset they apply that reduces your claim because of earlier damage.
- Preserve evidence: do not dispose of parts or repair documents until the claim resolves.
- If the claim is sizable or disputed, consult a Missouri attorney familiar with automobile diminished-value claims.