Diminished Value Attorney
in North Carolina
Was your car’s value reduced after an accident? You may be entitled to compensation. Let us help you recover what you’ve lost.
When your vehicle is involved in an accident—no matter how perfect the repairs may seem—its resale value often takes a hit. In North Carolina, you have the legal right to pursue a diminished value claim and recover the difference in your car’s market value due to the accident.
At RHD Legal, we help drivers across North Carolina get compensated for their vehicle’s lost value. If your car has been devalued after an accident that wasn’t your fault, our attorneys are here to guide you through the process.
What Is Diminished Value?
Diminished value refers to the reduction in a vehicle’s market value after it’s been involved in an accident—even after full repairs. Potential buyers typically pay less for cars with an accident history due to perceived risks or hidden issues.
Example:
Before accident: $20,000
After accident & repairs: $15,000
Diminished value claim: $5,000
Types of Diminished Value
Understanding the type of loss is critical to maximizing your claim:
Inherent Diminished Value
The most common form, referring to loss in value simply because the car now has an accident history.Immediate Diminished Value
The difference in market value before and immediately after the accident (prior to repairs).Repair-Related Diminished Value
A drop in value caused by incomplete or low-quality repairs.
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North Carolina Diminished Value Laws
North Carolina is an at-fault state, meaning the driver responsible for the accident is legally liable for all resulting damages—including your vehicle’s diminished value.
Under North Carolina General Statute § 20-279.21, you may invoke the appraisal clause if the insurance company refuses to offer a fair diminished value settlement. This formal process allows both parties to appoint independent appraisers and, if necessary, an impartial umpire to resolve the dispute. Important: There are strict time limits to file. Contact an attorney early to protect your rights.
Practice Areas
The Appraisal Process Explained
If your diminished value claim is disputed, here’s how the formal appraisal process works:
- Demand for Appraisal: Either party (the insurance carrier or the non-fault party) can invoke the appraisal clause by demanding an appraisal in writing.
- Appraisers Appointment: Each party selects a competent and independent appraiser. Each party is responsible for their own appraisal costs.
- Appraisal: The appraisers independently assess the vehicle’s diminished value. If they agree on an amount, that amount may be binding if not disputed by either party within a certain period of time. If they cannot agree, they submit their differences to an umpire.
- Umpire Decision: The umpire reviews the appraisers’ assessments and makes a final decision. This decision may also be binding if not disputed by either party within a certain period of time.
Legal representation ensures this process is handled correctly and on time.
How to Prove Diminished Value
Insurance companies won’t just take your word for it. You’ll need solid documentation to support your claim, such as:
Certified vehicle appraisal from an expert
Photos of the damage and repair process
Repair invoices and documentation
Comparable market data showing how similar cars without accidents are valued higher
Steps to File a Diminished Value Claim in North Carolina
- Notify the Insurer: Inform the at-fault driver’s insurance company of your intention to file a diminished value claim. This MUST be done within a certain timeframe, as failure to do so could bar you from proceeding with a diminished value claim. This is why it is important to contact an experienced attorney quickly. Call us today for your free consultation – (919) 246-4001.
- Submit Evidence: Provide all necessary documentation, including the professional appraisal and any other supporting evidence.
- Negotiate: Be prepared to negotiate with the insurance adjuster. In all likely hood, the insurance company will initially provide a “lowball” offer.
- Invoke the Appraisal Clause: If you and the insurance agent cannot agree on the diminished value amount, consider invoking the appraisal clause under North Carolina General Statute § 20-279.21.
Why Choose Us As Your Diminished Value Attorney in North Carolina?
When you’re injured, the attorney you choose can make all the difference. At RHD Legal, we’re more than legal representation—we’re your dedicated support team.
Personalized Attention
You’re never just a case number. We take the time to understand your story and fight for what matters most to you.
Trusted by Attorneys
Our work earns referrals from other lawyers who know we deliver results with integrity and professionalism.
Clear, Compassionate Communication
We keep you informed at every step, so you always know where your case stands and what comes next.
Relentless Advocacy
We don’t back down. We fight hard to secure the best possible outcome—because your recovery deserves nothing less.
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FAQ
Frequently Asked Questions About Diminished Value in North Carolina
Yes. If you were not at fault in the accident and your car lost value—even after repairs—you can file a diminished value claim against the at-fault driver’s insurance company.
In North Carolina, you have a duty to notify the insurance carrier that you wish to pursue a Diminished Value claim within 30 days of the repairs being completed to your vehicle. Failing to do so could result in being barred from being able to pursue your claim. Once this time restraint it complete, typically you will then have three years from the date of the accident. Due to North Carolina unique timeframe pertaining to diminished value claims, it is important to speak with an attorney quickly.
You have the right to invoke the appraisal clause under N.C. Gen. Stat. § 20-279.21. This allows a third-party resolution process that can lead to a fair, binding decision if done properly.
It’s not legally required, but it’s highly recommended. Insurance companies often offer low settlements or deny claims without strong evidence or legal pressure. An attorney can handle negotiations, the appraisal process, and even litigation if needed.
It depends on your car’s:
Pre-accident market value
Post-repair market value
Quality of repairs
Vehicle age, mileage, and accident history
Professional appraisers use proven methodologies to assess this difference.
No. North Carolina follows pure contributory negligence. If you were even 1% at fault for the accident, you cannot recover damages—including diminished value. This makes proving fault especially important.
There are always exceptions to every rule, that is why it is important to reach out to an experienced personal injury attorney in North Carolina.
What to Expect When You Work with RHD Legal
Your Free, No-Pressure Consultation
We start by listening. During your initial consultation, we’ll review your situation, answer your questions, and explain your rights. There’s no cost, no obligation—just clarity and guidance when you need it most.
Clear Commitment & Onboarding
If we’re a good fit, we make it official. Our team walks you through every step of hiring RHD Legal, ensuring you fully understand the process, paperwork, and path forward. You focus on healing—we’ll handle the legal side.
Fighting Alongside You
Once we take your case, you’re never alone. Our legal team works aggressively to build your case, deal with the insurance companies, and protect your rights—keeping you informed every step of the way.
Pursuing the Justice You Deserve
Whether through settlement or trial, we pursue the best possible outcome for your case. We don’t just aim to win—we fight to deliver real results that help you move forward with confidence.
What Our Client's
Have to Say
At RHD Legal, every testimonial is more than kind words—it’s a reminder of why we do what we do. Hearing how we’ve made a difference in someone’s life fuels our commitment to fight for every client with care, integrity, and determination.
"So nice to be able to recommend a trustworthy firm. They all work hard for the client and really listen to your concerns. I appreciate having the process and expectations clearly laid out. Highly recommend."
"We have truly enjoyed working with RDH Legal. They were very professional and helpful with all our questions and needs. They also made us feel important and we never felt as if we were not informed about the whole process. I definitely would recommend them to everyone. Thank you for all you did."
I can’t say enough nice things about this firm! Richard is a fantastic attorney - knowledgeable, honest, and professional. The staff is top notch. Kayla is friendly and helpful, and Sarah is an amazing paralegal - thorough, knowledgeable, and she doesn’t miss a thing. And on top of all this, they all truly care about their clients. You’re not just a number to them. HIGHLY RECOMMEND!!
Wonderful team!! Kayla was so helpful and supportive. Truly couldn't have done it without them. Would highly recommend!! 100/10
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