Diminished Value Appraisal in
Kansas

Last updated: August 18, 2025

In Kansas, even a fully repaired vehicle can lose resale value simply because it has an accident history. This is called diminished value (DV). Kansas law allows recovery of DV in third-party liability claims when another driver is at fault. This guide explains when DV is recoverable in Kansas, the relevant statutes and case law, what documentation is required, how to file step by step, and why a professional SnapClaim appraisal is the strongest way to present your loss.

Does Kansas Allow Diminished Value Claims?

Third-party (at-fault driver’s insurer)

Yes. Kansas courts follow the general rule that damages for injury to personal property are measured by the difference between fair market value before and after an accident. When repairs do not restore the full pre-loss value, DV is recoverable. See Vennerberg v. State Farm Mut. Auto. Ins. Co., 233 Kan. 797 (1983) (holding that post-repair diminished value can be compensable).

First-party (your own insurer)

Generally excluded. Kansas auto policies usually limit payment to the cost of repair or actual cash value (ACV). Unless your policy expressly includes DV coverage, first-party DV claims will not succeed.

Key Kansas Law & Authority

• Measure of damages: FMV before vs. after the collision, even after repairs (Vennerberg v. State Farm).
• Statute of limitations: Kan. Stat. Ann. § 60-513(a)(4) — 2 years for injury to property.
• Comparative fault: Kansas modified comparative fault (50% bar rule) — you cannot recover if you are 50% or more at fault.
• Small claims: Up to $4,000 in Kansas small claims court (Kansas Judicial Branch).
• Insurance complaints: File with the Kansas Insurance Department.

Types of Diminished Value in Kansas

• Immediate DV: Value loss immediately after the accident but before repairs.
• Repair-related DV: Value loss due to poor or incomplete repairs.
• Inherent DV: The most common type — reduced value even after proper repairs, due to accident history.

What You Need to Document

• Accident report: Obtainable from the Kansas Highway Patrol crash reports.
• Repair invoices: Detailed estimates and final receipts.
• Photos: Pre-repair, damage, and post-repair condition.
• Market evidence: Comparable vehicle sales, trade-in offers, and history reports (Carfax, AutoCheck).
• Professional DV appraisal with Kansas-specific comps.

Step-by-Step: Filing a Diminished Value Claim in Kansas

1. Confirm liability. The other driver must be primarily at fault.
2. Complete repairs first. DV is measured after repairs.
3. Obtain a professional appraisal. A SnapClaim report quantifies loss using comparable sales and expert adjustments.
4. Submit a demand package. Include appraisal, police crash report, repair invoices, and photos. Cite Vennerberg v. State Farm and Kansas damages law.
5. Negotiate with the insurer. Kansas law does not set a fixed formula; solid evidence is critical.
6. Escalate if needed: File a complaint with the Kansas Insurance Department, or pursue small claims court (≤ $4,000) or district court for larger losses.

Why a Professional Kansas DV Appraisal Matters

Insurers in Kansas often undervalue diminished value by applying unfair formulas. A SnapClaim Diminished Value Appraisal provides clear, market-based evidence using Kansas-specific comparables and expert methodology. This significantly strengthens your negotiation or court case. For total loss claims, see our Fair Market Value Appraisal. All SnapClaim reports are backed by our Money-Back Guarantee. For other states, visit our State DV Law Guide.