Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Detailed Answer
Under North Dakota law, you can recover property damage that includes both the cost of repairs and any loss in market value, known as “diminished value.” While the Century Code does not prescribe a fixed formula for diminished value, it recognizes that an owner may suffer a financial loss beyond repair bills. See N.D. Cent. Code § 32-03-02-07 (damages for property loss).
1. Establish Pre-Accident Market Value
Use reputable sources like Kelley Blue Book, NADA Guides, or local dealer listings to determine your vehicle’s fair market value immediately before the accident. Document with printouts or screenshots dated within 30 days of the crash.
2. Calculate Post-Repair Market Value
After completing repairs, obtain an independent appraisal from a certified vehicle damage appraiser. Ask for a signed report stating the vehicle’s value after repairs, accounting for accident history. Include photos, mileage, equipment list, and condition notes.
3. Compute Diminished Market Value
Subtract the post-repair appraised value from the pre-accident market value. For example:
- Pre-accident value: $15,000
- Post-repair value: $13,200
- Diminished value: $1,800
4. Document Your Claim
Compile a claim packet that includes:
- Pre- and post-repair appraisals
- Repair invoices and parts receipts
- Detailed repair photos (before, during, after)
- Vehicle history report (e.g., CARFAX)
Send this packet to the at-fault party’s insurer. Reference your insurance policy’s diminished value provisions and North Dakota’s recognition of full property damage under North Dakota Insurance Department guidelines.
Helpful Hints
- Obtain two independent appraisals to strengthen your claim.
- Keep all correspondence in writing—emails count as evidence.
- Document dates on every invoice and photo for clarity.
- Review your auto policy for any diminished value exclusions.
- Consider small-claims court in your county for disputes under $12,000.