Can I recover diminished value after an accident?

How the answer differs across 2 jurisdictions

The Short Answer

In Germany, diminished value (merkantiler Minderwert) is the measurable drop in a vehicle’s market value after an accident—even if fully repaired—and is recoverable as monetary compensation under BGB § 251.

100% repair
Does not eliminate claim
Up to 30%
Typical value loss
No time limit
For filing claim
BGB § 251
Legal basis
US-CaliforniaFull article
The Short Answer

In California, you generally cannot recover diminished value from the at-fault driver’s insurer for a personal-use vehicle, because California law does not recognize diminished value as compensable property damage in third-party claims.

Not recoverable
3rd-party claims
Yes, if collisi
Your own policy
No statutory ri
Civil Code § 1431.2
Rare exception
Commercial vehicles

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.