Siegle vs. Progressive Consumer’s Insurance Company is a Florida case that provides favorable case law in diminished value claims. In this case, the courts ruled that an individual cannot recover diminished value from their own insurance company, but they could recover them from the at-fault party’s insurance company.
The Florida standard jury instructions for property damage, which are critical in a diminished value case, state the following.
The measure of such damage is:
The difference between the value of the vehicle immediately before the accident and its value immediately after the accident.
The reasonable cost of repair, if it was practicable to repair the vehicle, with due allowance for any difference between its value immediately before the accident and its value after repair.
Also take into consideration any loss to the claimant for towing or storage charges and for being deprived of the use of the vehicle during the period reasonably required for its replacement/repair.