Diminished value claims in Wisconsin

Can you claim diminished value in Wisconsin?

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

Third-party: the owner may generally recover the lesser of repair cost or diminution in value, but can recover both repair cost and post-repair loss of value if repairs did not restore the vehicle to its pre-injury value (Hellenbrand v. Hilliard; Paulson v. Allstate). First-party: a policy's repair option does not require restoring pre-loss market value, so no DV is owed after adequate repairs (Wildin v. American Family).

Source: Hellenbrand v. Hilliard, 687 N.W.2d 37 (Wis. Ct. App. 2004); Paulson v. Allstate Ins. Co., 649 N.W.2d 645 (Wis. Ct. App. 2002); Wildin v. Am. Family Mut. Ins. Co., 638 N.W.2d 87 (Wis. Ct. App. 2001)

See which states allow diminished value claims.

Does your own insurance pay diminished value in Wisconsin?

Short answer: Usually not. The claim is normally against the at-fault driver's insurer.

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 Wisconsin rule above is the starting point; your policy wording can narrow it.

How to file a diminished value claim in Wisconsin

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 Wisconsin?

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 Wisconsin

Short answer: You generally have 3 years to sue the at-fault driver for damage to your car (Wis. Stat. § 893.52(2)). Send your written demand well before then.

Property damage claims in Wisconsin generally must be filed in court within 3 years of the accident.

Source: Wis. Stat. § 893.52(2) (3 years for property damage from a motor-vehicle accident, created by 2015 Wis. Act 133 for accidents on or after Feb. 6, 2016; 6 years otherwise under § 893.52(1))

How to file an insurance complaint in Wisconsin

Short answer: File a free complaint with the Wisconsin Office of the Commissioner of Insurance 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.