Maricopa County Court Upholds $8,975 in Diminished Value Claim

In December 2008, a plaintiff and a defendant were involved in a motor vehicle accident in Maricopa County, Arizona. The defendant admitted negligence, and the defendant's insurer paid approximately $15,535 to repair the plaintiff's 2008 Jeep Wrangler.

Following repairs, an appraisal expert estimated that the vehicle had suffered a diminished value of $8,975. A dealership later informed the plaintiff that the vehicle's damage history would require it to be "wholesaled," impacting its trade-in value, despite the plaintiff's intent to continue using it.

In September 2009, the plaintiff filed a complaint against the defendant in Arizona Superior Court, Maricopa County, seeking compensation for the vehicle's diminished value. The defendant admitted causing property damage but argued that the claim for diminished value was speculative because the plaintiff had not suffered an actual pecuniary loss by selling or trading the vehicle. The defendant filed a motion for summary judgment, contending that without such a transaction, the loss was unprovable.

The superior court denied the defendant's motion in June 2010, and the case proceeded to arbitration. In July 2010, an arbitrator awarded the plaintiff $8,975 for diminished value plus $941.98 in costs. The superior court confirmed this award in August 2010. The defendant appealed the decision, but the Court of Appeals of Arizona affirmed the trial court's ruling in July 2011.