Farmers Insurance diminished value claims in North Dakota
North Dakota is one of the few jurisdictions that does not allow the standard third-party diminished value claim, and that is true whichever carrier insured the at-fault driver. What remains against Farmers Insurance is narrow, and it is set out honestly below.
Farmers Insurance claims: 1-800-435-7764
Filing deadline
6 years
N.D.C.C. § 28-01-16(4)
Small claims limit
$15,000
Your fallback if they refuse
Shared fault
Modified comparative negligence (50% bar)
How Farmers Insurance approaches these claims
Third-party DV is a tort claim, so what Farmers pays tracks state damages law, not one national rule. Farmers is the named defendant in leading DV decisions and has repeatedly argued 'repair or replace' language excludes DV: it lost in Washington (Moeller, 267 P.3d 998 (2011)), Oregon (Gonzales, 196 P.3d 1 (2008)) and Colorado (Hyden, 20 P.3d 1222 (2000)), and won in California (Ray, 200 Cal. App. 3d 1411 (1988)) and New Mexico (Davis, 142 P.3d 17 (2006)). Those are first-party rulings; they show litigation posture, not a published third-party DV practice. Whether a given adjuster negotiates above a formula is UNVERIFIED and varies by state and adjuster.
Why North Dakota is different
Unsettled but very unlikely. There are no North Dakota decisions allowing DV under an insured's own physical-damage coverage, and standard policies limit the carrier to repair cost or actual cash value. Given the Sullivan holding on the tort side, a first-party DV theory faces long odds. Treat as effectively unavailable.
What remains
Your options in North Dakota
Read the rule first
North Dakota does not allow the standard third-party diminished value claim, so the usual demand-letter route against Farmers Insurance is not available. The routes below are what remain.Check the narrow routes
North Dakota is an outlier: it effectively does NOT allow an inherent diminished value claim. N.D.C.C. § 32-03-09.1 presumes damages are reasonable repair cost plus loss of use, switching to a before/after market value measure only when restoration is impossible or impracticable. In Sullivan v. Pulkrabek the ND Supreme Court held a plaintiff who took the cost of repair had already received the full statutory measure and could not also recover diminution in value. DV is reachable only by arguing the vehicle could not be properly restored. ND's no-fault act (ch. 26.1-41) limits only bodily-injury tort claims, the DV bar comes from § 32-03-09.1.Document everything anyway
If one of the narrow routes fits your facts, it will turn on documentation: the repair invoice, the history report, and a supported valuation of the loss.
FAQ
Farmers in North Dakota
Does Farmers Insurance pay diminished value claims in North Dakota?
North Dakota is one of the few states that does not allow a standard third-party diminished value claim, against Farmers Insurance or any other carrier. Unsettled but very unlikely. There are no North Dakota decisions allowing DV under an insured's own physical-damage coverage, and standard policies limit the carrier to repair cost or actual cash value. Given the Sullivan holding on the tort side, a first-party DV theory faces long odds. Treat as effectively unavailable.
How long do I have to file against a Farmers Insurance driver in North Dakota?
North Dakota allows 6 years from the date of the accident for a vehicle property damage claim (N.D.C.C. § 28-01-16(4)). The deadline is on filing suit, not on sending a demand letter, and negotiating with an adjuster takes weeks, so start well before it.
What if Farmers Insurance denies the diminished value claim?
Adjuster first, in writing. If the offer is a formula number or a denial, ask in writing for the name and direct line of the supervisor or claims manager and escalate there; 1-800-435-7764 can route you. Note the policy appraisal clause is a FIRST-PARTY remedy and generally does not apply to a third-party DV demand. Do not assume you can invoke it. North Carolina is an exception, with a statutory appraisal process for first-party DV (N.C. Gen. Stat. § 20-279.21(d)(1)). After internal escalation: state DOI complaint or small claims against the at-fault driver. Beyond the carrier's own process, you can file a complaint with the North Dakota Insurance Department, and court remains available for the limited claims North Dakota does recognise.
This page combines our researched profile of Farmers Insurance (reviewed 2026-07-28, confidence medium) with the North Dakota rules table (reviewed 2026-07-28). Full sources and citations are on the Farmers Insurance page and the North Dakota claim page. It is general information, not legal advice, and practices change; verify before relying on it.
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