Diminished value claim in Florida

Florida separates the two routes sharply. Here is what the standard jury instruction and the Florida Supreme Court say.

Last reviewed: October 23, 2026 · For readers in the United States

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"Third party" here means a claim against the at-fault driver's liability insurer. "First party" means a claim under your own collision cover.

Claim against the at-fault driver's insurer

Florida's standard jury instruction on property damage (Fla. Std. Jury Instr. (Civ.) 501.2(h); In re Std. Jury Instr. (Civ.) (Fla. 2002), SC01-1205) allows "the reasonable cost of repair, if it was practicable to repair the (name property), with due allowance for any difference between its value immediately before the (incident complained of) and its value after repair", plus loss of use "during the period reasonably required for its [replacement] [repair]."

Claim under your own policy

Not after a full repair under a repair-or-replace policy. In Siegle v. Progressive Consumers Insurance Co., 819 So. 2d 732 (Fla. 2002), the Florida Supreme Court said: "Proper interpretation of the policy language at hand requires that we deem diminished value a loss not covered by this policy."

Is there a set formula in Florida?

No clear rule. No Florida statute sets a diminished value formula.

Evidence to gather

The evidence an insurer will expect is the same in every state: see the evidence checklist in the main guide, and use the free worksheet to record comparable listings and offers.

Related guides

• Diminished value claim after repair (main guide, with the evidence checklist)
• Diminished value claim in Georgia
• Diminished value claim in Texas
• Diminished value claim in California
• Free diminished value worksheet

Sources

• Fla. Std. Jury Instr. (Civ.) 501.2(h), Florida Standard Jury Instructions in Civil Cases (The Florida Bar, updated Sept. 16, 2026)
• In re Std. Jury Instr. (Civ.) (Fla. 2002), SC01-1205, FSU College of Law archive
• Siegle v. Progressive Consumers Ins. Co., 819 So. 2d 732 (Fla. 2002), Justia