Maine Diminished Value Claims — The Complete Guide.

Maine's Collins v. Kelley — 90 Years of Authority.

The Supreme Judicial Court of Maine in Collins v. Kelley, 133 Me. 410 (Me. 1935), established Maine's controlling DV framework: "In cases involving damage to motor vehicles, the rule long established in this jurisdiction is, that the plaintiff is entitled to recover the difference between the value of the car before and after the accident. The cost of repairs may be an important element in determining this figure, but it is not conclusive." The 90-year-old decision remains controlling Maine authority and is regularly cited in Maine DV claims.

Maine's first-party DV recovery is foreclosed: the Maine Supreme Judicial Court has ruled that a policy which only provides coverage to repair or replace the vehicle does not cover the diminished value of that vehicle (per Maine PFR Insurance guidance). However, Maine third-party recovery under Collins v. Kelley remains robust. Maine's 6-year SOL under 14 M.R.S.A. § 752 matches Wisconsin, Minnesota, Oregon, and New Jersey as among the longest in the country. Modified comparative negligence with a 50% bar under 14 M.R.S.A. § 156.

Maine Authority: 1935 Supreme Judicial Court + Long SOL

Maine DV law dates to 1935 with strong Maine Supreme Judicial Court authority that has never been overturned, plus one of the longest SOLs in the country.

Maine Insurers Use 17c — Collins Doesn't.

Maine's controlling standard from Collins v. Kelley is market-based: pre-accident value minus post-accident value, with cost of repairs as "an important element" but "not conclusive." The 17c formula's mechanical multipliers don't match this. Major Maine insurers default to 17c. A demand letter quoting Collins's exact language and citing 14 M.R.S.A. § 752's 6-year window puts the claim on solid 90-year-old Maine Supreme Judicial Court footing.

Run 17c first to anticipate the insurer's initial offer, then quantify the gap to Collins's market-based standard:

Filing a Diminished Value Claim in Maine.

Maine's framework rests on a 90-year-old Maine Supreme Judicial Court decision plus one of the longest SOLs in the country. Modified comparative with 50% bar.

1. Document liability. Maine applies modified comparative negligence under 14 M.R.S.A. § 156 with a 50% bar — slightly stricter than 51%-bar states. Police report, witnesses, dashcam, traffic cameras.
2. Complete repairs. Maine DV is calculated post-repair under Collins v. Kelley's pre-/post-accident value framework.
3. Establish pre-accident market value. Maine-market comparables — Portland, Lewiston, Bangor, South Portland, Auburn, Biddeford, Augusta. Maine's market is smaller but produces solid comparable data.
4. Document post-repair value. Two written dealer trade-in offers post-repair plus comparable sales of similar Maine vehicles with accident-history Carfax. Discount typically runs 12-22%.
5. Prepare a USPAP-compliant appraisal. The appraisal cites Collins v. Kelley, frames pre-/post-accident value comparison per Maine Supreme Judicial Court guidance, and uses Maine-market comparables.
6. Send a demand letter. Quote Collins v. Kelley's exact pre-/post-accident value language. Reference 14 M.R.S.A. § 752's 6-year SOL window. Send certified mail.
7. Allow 30 days for response. Maine insurers familiar with Collins typically respond within 14-30 days.
8. File a Maine Bureau of Insurance complaint. maine.gov/pfr/insurance handles complaints. Bureau of Insurance complaints add regulatory pressure.
9. Small claims for $6,000 or less; Superior Court above. Maine small claims handles claims up to $6,000. Most Maine DV claims fit within this limit. Above $6,000, Superior Court handles the case with full procedure.
10. Use the 6-year SOL strategically. Maine's 6-year SOL is among the longest in the country. Use the window for thorough negotiation rather than rushing to litigation.

Maine DV Questions