Detailed answer — What matters and why (Illinois)

Diminished value means the drop in a vehicle’s market value after a crash and repairs. Illinois recognizes property-damage claims for the decrease in market value caused by a tortfeasor’s negligence. But you must prove two things: (1) the vehicle’s pre-accident market value immediately before the collision, and (2) the vehicle’s post-repair market value. Your recovery is the difference between the two amounts attributable to the accident for which the other driver is liable.

When the truck had prior accidents before you became the owner, those events affect your claim in three main ways:

1. Lower pre-accident baseline: If the truck already bore damage, a salvage/rebuilt title, or repair history when you bought it, its pre-accident market value (your starting point) is already reduced. You cannot recover losses caused by earlier incidents. The insurer will compare the truck’s value immediately before the current accident to the value after repairs to calculate what the current accident cost.
2. Apportionment and proof burden: The insurance company will try to apportion the total loss between pre-existing damage and the new accident. That means you must prove how much of the truck’s diminished value was caused by the accident that happened while you owned it. Evidence that helps includes pre-purchase photos, vehicle history reports (Carfax, AutoCheck), prior repair invoices, sale listings from when you bought the truck, and an independent appraisal.
3. Title branding and disclosure effects: If the truck carried a salvage/rebuilt/previously branded title before you owned it, the market value can be permanently lower and harder to claim for subsequent accidents. Likewise, a documented prior structural repair may make courts or insurers treat the vehicle as having a pre-existing diminished value that cannot be recovered again.

Practical examples (hypotheticals):

• Example A — Clean purchase history: You buy a truck with no accident history for $25,000. After an at-fault crash while you own it, appraisers say repaired truck value is $19,000. You can pursue a diminished-value claim of roughly $6,000 (subject to proof and depreciation).
• Example B — Prior accident before purchase: You buy a truck that had a reported minor accident before you bought it and you paid $20,000 (reflecting that history). Later, a different at-fault driver damages the same truck; after repair its value is $16,000. You can pursue the difference between the truck’s value immediately before the second crash ($20,000) and after repairs ($16,000). You generally cannot claim for the portion of reduced value that existed before you owned it.
• Example C — Branded title present when purchased: You buy a truck with a rebuilt title for $12,000. A later crash causes more damage. Because the rebuilt brand already greatly reduced market value, the amount you can claim for diminished value after a subsequent crash may be small or difficult to prove unless you can show the new accident further reduced value beyond the rebuild-brand discount.

What the insurer will argue

Expect the insurer to assert one or more of the following defenses:

• Pre-existing damage or prior accident history explains all or part of the diminished value.
• Wear-and-tear and normal depreciation—not the accident—caused the loss in value.
• The title was branded (salvage/rebuilt) before your ownership, so no additional diminished value occurred because of the current crash.

What you must prove

You should be prepared to prove:

• The truck’s market value immediately before the accident (receipts, dealer quotes, comparable sales, KBB/Edmunds listings, or a professional appraisal).
• How the truck’s value changed after repairs (independent appraisal or market comparisons).
• Whether prior accidents or title brands existed before your ownership (vehicle history report, title paperwork, prior repair invoices).
• If the prior damage was repaired before you bought it, documentation of the repairs and whether the repairs were structural or cosmetic.

Timing — statute of limitations (Illinois)

In Illinois, claims for damage to property generally must be brought within the time limit set by the Illinois Code of Civil Procedure for property-damage actions. For a starting point, consult the Illinois Compiled Statutes on civil procedure and confirm any deadlines that apply to your situation with counsel or the court clerk. The Illinois General Assembly publishes the Illinois Compiled Statutes online: https://www.ilga.gov/legislation/ilcs/ilcs.asp.

Note: Filing deadlines can vary with the facts (e.g., claims against government entities follow special shorter deadlines). If you’re near any deadline, act quickly.

How to preserve and prove a diminished value claim when prior accidents exist

1. Collect vehicle history and title documents: Get Carfax/AutoCheck reports and the title history. Note any salvage/rebuilt branding or prior damage reports that pre-date your ownership.
2. Gather purchase paperwork: Save your bill of sale, dealer disclosures, and any prior inspection reports you received when you bought the truck.
3. Keep pre-accident photos and ads: Photos of the truck before the crash or the original sales listing help show the pre-crash condition and price.
4. Get a qualified diminished-value appraisal: Hire an appraiser experienced with diminished-value calculations and courtroom testimony if your case may go to court. An appraiser can separate pre-existing issues from damage caused by the new accident.
5. Obtain repair invoices and estimates: Detailed invoices that identify what was repaired and whether damage was structural help you and the appraiser apportion loss.
6. Document market comparisons: Compile listings and sold prices for comparable trucks with and without accident histories to support value estimates.
7. Preserve communications with the insurer: Keep written offers, denials, and adjuster notes. Don’t accept a low lump-sum offer until you understand whether it includes diminished-value compensation.
8. Consider legal help early: If the insurer refuses to pay a fair diminished-value amount and the numbers are significant, talk to an attorney about next steps (negotiation, appraisal clauses, small claims, or civil suit).

Helpful hints

• Do not assume prior accidents erase your claim entirely; you may still recover the portion of diminished value caused by the new accident.
• Independent appraisals carry weight; insurer estimates sometimes ignore market perceptions of value loss after a crash.
• If you bought the truck with no disclosure of prior structural damage and later learn of it, document when you discovered the information and consult counsel about disclosure rules and remedies.
• Any branded title (salvage/rebuilt) before your purchase usually reduces available recovery for later diminished value unless you can prove the new accident caused additional loss beyond the brand’s discount.
• Ask the insurer for its method of valuing inherent diminished value; many carriers use proprietary or conservative formulas. Knowing the method helps you respond effectively.
• Keep a clear timeline of ownership, accidents, repairs, and sales listings—this timeline is often the decisive piece of evidence.