Last updated: August 13, 2025

If your vehicle was damaged in an Illinois crash and later repaired, it may still be worth less than before. That lost market value is called diminished value (DV). This guide explains when DV is recoverable in Illinois, what evidence you need, the exact steps to file (with deadlines), and why a professional appraisal from SnapClaim helps you settle faster and for the right amount.

Does Illinois Allow Diminished Value Claims?

Third-party DV (against the at-fault driver’s insurer): Yes. Illinois recognizes the traditional property-damage measure of diminution in fair market value. The Illinois Pattern Jury Instructions expressly allow recovery based on (1) reasonable repair cost plus any post-repair reduction in value, or (2) the before/after value difference—whichever is less. See Illinois Pattern Jury Instructions (Civil) §30.10–30.14 and the instructions portal here.

First-party DV (under your own policy): Generally not covered unless your policy specifically provides it. Most collision/UMPD contracts indemnify for physical repairs but exclude inherent DV. Always review your policy’s coverage and exclusions, and consult the Illinois Department of Insurance (IDOI) complaint guidance if you have a dispute.

New to DV? Start here: Diminished Value Overview.

Key Illinois Law & Authority

• Measure of damages (personal property): Repair cost and loss in value after repair, or before/after FMV difference—whichever yields the proper measure. See IPI Civil §30.10–30.14 (comments cite cases like McDonell, Welter).
• Statute of limitations (property damage): Generally 5 years to sue for injury to personal property under 735 ILCS 5/13-205 (also summarized by Nolo).
• Consumer escalation: Illinois Department of Insurance complaint portal and timeline: File a Complaint and Understanding the Process.

Types of Diminished Value Recognized

• Immediate DV: Value drop immediately after the crash and before repairs (rarely pursued by consumers).
• Repair-related DV: Loss from sub-optimal repairs (non-OEM parts, structural variance, paint mismatch, refinish issues).
• Inherent (residual) DV: Market stigma that remains after quality repairs because the vehicle now has an accident history—the most common DV claim.

What You Need to Document

• Crash report: Request from the investigating agency:
  • Illinois State Police (ISP) — Crash Reports (online/e-pay) | by Mail
  • Chicago Police Department — Traffic Crash Reports
• Photos: Pre-loss (if available), post-crash damage, and post-repair.
• Repair records: Initial/supplemental estimates, final invoice, parts list (OEM vs aftermarket), frame/unibody specs, paint materials sheets.
• Vehicle & market data: VIN, trim/options, mileage (pre/post), service history, ownership/title status, comparable listings/auction data in your Illinois market.
• Professional appraisal: An independent DV report quantifying inherent and repair-related loss using transparent methodology and local comps — order a SnapClaim DV appraisal.

If your vehicle is a total loss, use a Fair Market Value (Total Loss) Appraisal instead.

How to Obtain Illinois Crash Reports

You can purchase ISP-handled crash reports online via the ISP portal (fee applies) or by mail. Start here: ISP Crash Reports and State of Illinois — Crash Report Service. For Chicago crashes, use the CPD TCR portal: Traffic Crash Reports.

Step-by-Step: Filing a Diminished Value Claim in Illinois

1. Confirm fault & claim path. DV is typically pursued as a third-party property-damage claim against the at-fault driver’s liability insurer.
2. Assemble evidence. Crash report, damage & post-repair photos, complete repair documentation, and market comps showing post-repair stigma.
3. Get a professional DV appraisal. Use SnapClaim to obtain a fast, defensible valuation grounded in Illinois market data and aligned with IPI §30.10–30.14’s damages framework.
4. Send a formal demand. Attach your appraisal and exhibits (photos, estimates/invoices, comparable listings/auction data). State the DV amount and the valuation basis (difference between pre-loss and post-repair FMV; include any repair-related DV).
5. Negotiate with data. Be prepared to address mileage/condition adjustments, repair quality, and comparable selection. Counter any formulaic reductions with market-verified comps and the appraisal’s transparent methodology.
6. Escalate if needed.
   • Regulator complaint: File with IDOI: Complaint Portal and see the process & timelines.
   • Small Claims (Rule 281): For disputes up to $10,000. See Illinois Supreme Court Rule 281 and the court’s Small Claims page.
   • Circuit Court: For claims exceeding $10,000 or where formal litigation is appropriate.
7. Preserve deadlines. Illinois gives 5 years to file property-damage suits (735 ILCS 5/13-205). Contract-based disputes may have policy notice/proof-of-loss requirements—review your policy and consult counsel.

Illinois-Specific Tips to Strengthen Your Claim

• Use Illinois comps. Include local dealer/private-party listings and recent auction data reflecting how buyers in your metro (Chicago, Springfield, Peoria, etc.) discount for accident history.
• Document repair quality. Frame specs and paint-meter readings (if available) help establish or rule out repair-related DV.
• Be precise in your theory. Identify whether you are claiming inherent DV, repair-related DV, or both—and tie each to your exhibits.
• Organize your file. Label exhibits (A, B, C…) and keep communication logs; this speeds regulator review or court filing.

Why Using a Professional Appraisal Is Crucial

Insurers often rely on rough formulas that understate real-world market impact. A SnapClaim appraisal applies Illinois-market comparables, transparent adjustments, and expert review—built to stand up in negotiation or court. If your car is totaled, switch to our Fair Market Value (Total Loss) Appraisal. You’re also protected by our Money-Back Guarantee Policy.

• Order a Diminished Value Report
• Diminished Value Overview
• Fair Market Value (Total Loss) Appraisal
• Money-Back Guarantee Policy
• Diminished Value State Laws

References & Resources

• Illinois Pattern Jury Instructions (Civil) — Property Damage Measures: IPI §30.10–30.14 (PDF) | Download set:
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