Short Answer

In North Carolina, you can seek reimbursement of a reasonable, necessary diminished value appraisal fee as part of your property damage claim against the at-fault driver’s insurer. Include the invoice and explain why the appraisal was needed to prove the car’s lost market value after repairs. If the insurer refuses, you may pursue the fee in court against the at-fault driver within the three-year deadline for property damage claims.

Understanding the Problem

You are pursuing a North Carolina auto property damage claim and want the at-fault driver’s insurer to pay for a diminished value appraisal. The question is: can you recover the appraisal fee as part of your damages, and how do you present it so the insurer (or a court) will consider it? One key fact here is that your attorney arranged an independent appraiser and you will be invoiced for that appraisal.

Apply the Law

North Carolina law allows recovery of property damage caused by a negligent driver, including the vehicle’s diminished value after repairs. Diminished value means the car’s fair market value is lower post-repair simply because it was in a crash, even if fixed correctly. Reasonable and necessary expenses incurred to measure and prove damages can be included in the claim when they are proximately caused by the crash and help establish the loss. You negotiate with the at-fault driver’s insurer, but if you sue, you file against the at-fault driver (not the insurer). The core timing rule is the three-year statute of limitations for property damage claims.

Key Requirements

• Liability: The other driver’s negligence caused the collision and your property damage.
• Diminished value exists: After repairs, the car’s market value is lower; you support this with a credible appraisal and repair documentation.
• Reasonable, necessary expense: The appraisal fee was a reasonable cost to quantify your loss and was caused by the crash.
• Presentation: You provide the insurer a written demand with the appraisal report, the invoice, and the final repair paperwork.
• Timeliness and forum: If unresolved, you file within three years in the proper North Carolina court; small claims may be an option if within the monetary limit.

What the Statutes Say

• North Carolina Gen. Stat. § 1-52 (General three-year limit) - negligence claims for injury to property must be filed within three years.

Analysis

Apply the Rule to the Facts: You can include the appraisal fee in your settlement demand because it was a reasonable step to prove diminished value caused by the at-fault driver. Once the final repair report is available, submit the appraisal, the invoice for the appraisal, photos if any, and the repair paperwork to the adjuster. If the insurer declines to reimburse the fee, you can include it as part of your damages in a lawsuit against the at-fault driver filed within three years.

Process & Timing

1. Who files: You (through your attorney). Where: With the at-fault driver’s insurance adjuster; if suit is needed, in the proper North Carolina trial court for the county where the defendant resides or where the crash occurred. What: A written demand package detailing diminished value, including the independent appraisal report, the appraisal invoice, and the final repair estimate/invoice. When: After repairs are documented; no later than the three-year deadline for property damage claims.
2. If the insurer disputes the appraisal or amount, request reconsideration and provide any supplemental repair documentation or market support. If still unresolved, draft and file a complaint and civil summons against the at-fault driver; choose small claims, District Court, or Superior Court based on your total claimed damages and local practice.
3. Litigation outcome may include a money judgment for property damages proven at trial, which can encompass a reasonable appraisal fee if the court finds it necessary to establish diminished value.

Exceptions & Pitfalls

• Contributory negligence: If you are found even slightly at fault, North Carolina’s strict rule can bar recovery for diminished value and the appraisal fee.
• First-party coverage limits: Your own collision policy may not cover diminished value or appraisal costs; this question focuses on third-party claims against the at-fault driver.
• Premature or unsupported appraisals: Submitting an appraisal before final repair documentation, or without market-based methodology, invites denial.
• Incorrect defendant: In court, sue the at-fault driver, not the insurer (the insurer typically pays on the insured’s behalf up to policy limits).
• Insufficient proof of reasonableness: Keep the appraisal invoice and show why the appraisal was necessary to quantify the post-repair loss.

Talk to a Personal Injury Attorney

If you're dealing with a diminished value claim and want the insurer to pay your appraisal fee, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at 919-341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.