How to calculate and document the diminished market value of a vehicle after repairs following a car accident in Montana?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Disclaimer: This information is for educational purposes only and does not constitute legal advice.

After a car accident in Montana, even a flawless repair can’t always restore your vehicle’s full market value. The gap between its pre-accident worth and its post-repair value is known as diminished market value. You can recover that loss from the at-fault party’s insurer under Montana law. Here’s how to calculate and document it.

1. Establish Pre-Accident Market Value

  • Use reputable pricing guides (e.g., Kelley Blue Book or NADA).
  • Check local listings for comparable vehicles (same make, model, year, mileage and condition).
  • Document your sources with screenshots or printouts.

2. Obtain Repair Invoices and Quality Reports

  • Retain detailed repair bills showing parts, labor and paint work.
  • Get a written inspection report from an auto body shop confirming repairs restored structural and cosmetic condition.

3. Commission a Diminished Value Appraisal

  • Hire an independent auto appraiser experienced in diminished value (DV) claims.
  • Ensure the appraiser uses the market approach: compare sale prices of similar post-repair vehicles in your area.
  • Obtain a written appraisal report stating the DV amount.

4. Calculate Diminished Market Value

  1. Pre-accident value (A): e.g., $12,000.
  2. Post-repair fair market value (B): e.g., $11,000.
  3. Diminished value = A minus B (e.g., $1,000).

5. Document Your Claim

  • Compile all evidence: pricing guides, market comps, repair invoices, inspection report and appraisal.
  • Prepare a cover letter summarizing the accident, repairs and your DV calculation.
  • Send your packet via certified mail to the at-fault driver’s insurer, referencing Mont. Code Ann. § 33-9-202 on unfair claim settlement practices (link).

6. Negotiate or File a Lawsuit

  • The insurer may accept your documented amount or offer a lower settlement.
  • Negotiate by pointing to your appraisal and market data.
  • If negotiations stall, you can file a small claims suit in Montana Justice Court (claims up to $7,000) or District Court for higher amounts.

Helpful Hints

  • Start your diminished value claim promptly; some insurers impose deadlines.
  • Take photos of your vehicle before repairs begin and after completion.
  • Obtain at least two independent appraisals for stronger leverage.
  • Keep detailed notes of all communications with insurers and repair shops.
  • Consult an attorney if the insurer denies the claim or undervalues your vehicle by a large margin.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.