Diminished Value Claim: Kansas
In Kansas, you are allowed to file a diminished value claim after an auto accident if another party was responsible for causing the damage. You can file a claim under the at-fault party’s insurance policy for the difference in the fair market value of the vehicle immediately before the accident and the fair market value after the repairs have been made.
Summary – Kansas Diminished Value Claims
Statute of Limitations: 2 years
Third Party Diminished Value Claim: Yes
First Party Diminished Value Claim: No, most insurance policies will exclude diminished value
Kansas Property Damage Minimum Limits: $25,000 in coverage
Uninsured Motorist Coverage for Diminished Value: No coverage
Underinsured Motorist Coverage for Diminished Value: No coverage
Kansas Small Claims Court Limit: $4,000. Attorneys are not allowed to participate. Appeals are permitted.
Kansas Diminished Value Law
Kansas is a diminished value state with several court cases supporting your right to be compensated for diminished value. You have two years from the date of loss to file a diminished value claim.
Broadie v. Randall, 216 P. 1103 (Kan. 1923)
When the repair of an injury does not restore the property to its original condition and value but is a reasonable effort to make it as nearly usable as practicable, and as repaired is not as valuable as it was before the injury, the cost of the repair together with the difference in value of the repaired property and its value before injury might in some cases be a fair measure of the loss sustained.
Venable v. Import Volkswagen, Inc., 519 P.2d 667 (Kan. 1974).
Diminished value damages are recoverable if the value after repairs is less than it was before the accident.
How to File a Diminished Value Claim in Kansas
Step 1. Obtain proof of your car's diminished value.
The best way to prove your claim is to hire licensed, highly qualified, competent, and independent diminished value experts. The better the appraisal, the better the chance of the insurance company accepting the appraisal and paying the claim faster and for more money.
Step 2. Submit your documentation (diminished value appraisal) and demand letter for review.
The ideal time is right after you get your vehicle repaired. The sooner you file your diminished value claim, the better. Typically, if the accident wasn’t your fault, you would file a diminished value claim with the at-fault driver’s insurance company.
It’s covered under their property damage liability.
Step 3. Settle your claim.
The role of the claims adjuster is to negotiate the lowest possible settlement for the insurance company. They will either accept your claim, offer a lower settlement, or deny the claim.
To receive the highest settlement, submit as much supporting documentation as possible and negotiate until the adjuster makes a final offer.
For help with your Kansas diminished value claim, please call us at 704-209-7629 or submit a request for a free estimate.