How does the diminished value process work if I do not own my car? - Pennsylvania
The Short Answer
In Pennsylvania, a “diminished value” claim is generally tied to who legally owns the vehicle and who suffered the financial loss in its market value. If you do not own the car (for example, it is titled to a deceased person’s estate), the right to handle vehicle-related property issues typically belongs to the estate’s personal representative or the person otherwise legally entitled to act for the estate.
Because ownership and authority can be unclear after a death, it is important to speak with a Pennsylvania probate attorney before you pursue any claim or sign any settlement documents.
What Pennsylvania Law Says
When a vehicle owner dies, Pennsylvania law allows the vehicle to continue being used for a limited period, but it also requires the registration to be handled in the estate’s name. In practical terms, that means the estate (acting through the personal representative/executor or other authorized person) is usually the party with legal authority to manage the vehicle as an estate asset, including decisions that may affect its value.
The Statute
The primary law governing this issue is 75 Pa.C.S. § 1315.
This statute establishes that when the owner of a vehicle is deceased, the vehicle may be operated by an heir or personal representative for the remainder of the current registration period and the next following registration period, as long as the registration is renewed in the name of the decedent’s estate as required.
Why You Should Speak with an Attorney
While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:
- Strict Deadlines: Vehicle and estate administration timelines can matter—especially if the vehicle must be registered in the estate’s name for continued lawful operation under 75 Pa.C.S. § 1315.
- Burden of Proof: Any value-related claim typically turns on proof of ownership/authority and proof of loss—who had the legal right to claim the loss and how the loss is measured.
- Exceptions: If the estate qualifies for simplified handling, a small-estate petition may be available in some situations, which can change who can act and what authority is needed. See 20 Pa.C.S. § 3102 (small estates).
If you pursue a claim without the right legal authority (or if the wrong person signs a release), you can create delays, disputes among heirs, or problems finalizing the estate. A probate attorney can quickly confirm who has authority to act for the vehicle and coordinate next steps with insurance and title/registration requirements.
Get Connected with a Pennsylvania Attorney
Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.
Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.