Diminished value claims in Kansas

Can you claim diminished value in Kansas?

Short answer: Yes, from the at-fault driver's insurer.

Third-party: the Kansas Supreme Court affirmed a verdict using the before-and-after market value measure where the defendant had scratched his name into the car's paint and repainting would leave an obvious patch rather than restore the car (Broadie v. Randall, 114 Kan. 92, 216 P. 1103 (1923)), and later described the Kansas rule as value before the damage less value after repairs, plus the reasonable cost of the repairs (Venable v. Import Volkswagen, Inc., 214 Kan. 43, 519 P.2d 667 (1974)). The regulation also requires third-party settlements to use a measure of damages that compensates the 'reasonable loss sustained as the proximate result of the insured's negligence' (K.A.R. 40-1-34, model s. 9(h)). First-party: in Venable, the Kansas Supreme Court upheld an $820 loss-in-value award against a collision insurer that had elected to repair and whose repair did not fully restore the camper's value, noting that an insurer that elects to repair is bound by that election. No Kansas case was found requiring first-party DV after a proper repair, so first-party DV is limited to failed-repair situations as far as confirmed.

Source: Broadie v. Randall, 114 Kan. 92, 216 P. 1103 (1923) (case text); Venable v. Import Volkswagen, Inc., 214 Kan. 43, 519 P.2d 667 (1974) (case text); K.A.R. 40-1-34

See which states allow diminished value claims.

Does your own insurance pay diminished value in Kansas?

Short answer: There is no clear Kansas rule either way, so check your policy wording.

A claim on your own collision coverage depends on what your policy promises. Read its definition of "loss" and any exclusion for diminution in value before you ask. The Kansas rule above is the starting point; your policy wording can narrow it.

How to file a diminished value claim in Kansas

1. Finish the repair and get the final invoice showing every part and labor operation.
2. Document the pre-accident value of your exact trim and mileage.
3. Collect proof of the loss: a vehicle history report showing the accident, written trade-in offers, or an independent appraisal.
4. Send a written demand to the at-fault driver's insurer with a specific amount and your evidence.
5. If they refuse or lowball, you can sue the at-fault driver in small claims court before the deadline.

How to document the value before and after

• Before: save listings for cars of the same year, trim and mileage from just before the accident, and any records of options, upgrades and maintenance.
• After: get at least two written trade-in or purchase offers from dealers who see the repaired car and its history report.
• Keep the repair invoice, photos of the damage and the history report entry; they show what a buyer will see.

Step-by-step help with each part: how to file a diminished value claim.

Will the insurer use the 17c formula in Kansas?

Many adjusters calculate diminished value by capping it at 10% of the car's value and then applying damage and mileage multipliers. The result is often a few hundred dollars. It is not based on what buyers actually pay, and you do not have to accept it. How the 17c formula works.

Deadline to file a diminished value claim in Kansas

Short answer: You generally have 2 years to sue the at-fault driver for damage to your car (K.S.A. 60-513(a)(2)). Send your written demand well before then.

Property damage claims in Kansas generally must be filed in court within 2 years of the accident.

Source: K.S.A. 60-513(a)(2) (an action for taking, detaining or injuring personal property: 2 years)

How to file an insurance complaint in Kansas

Short answer: File a free complaint with the Kansas Insurance Department online. It asks the insurer for a written response, but it cannot set the amount you are owed.

If an insurer ignores your claim or will not explain a refusal, the state insurance regulator takes complaints.