Diminished Value Appraisal in
Kansas

Last updated: August 17, 2025

If your vehicle was damaged in a Kansas crash and repaired, it can still be worth less than before. That lost market value is called diminished value (DV). This guide explains when Kansas diminished value is recoverable, what evidence you need, a step-by-step filing process (with deadlines), and why using a professional appraisal from SnapClaim helps you settle faster and for the right amount.

Kansas Diminished Value: Does the State Allow Claims?

Third-party DV (claiming against the at-fault driver’s insurer): Yes. Kansas courts recognize recovery for the post-repair reduction in fair market value when supported by competent evidence. In Ohlmeier v. Jones (Kan. Ct. App. 2015), the court affirmed a monetary award for diminished value after repairs and discussed how DV is proven with expert opinion and market evidence; it also clarified that DV is separate from “property damages only” for attorney-fee purposes. This case is often cited when presenting a Kansas diminished value claim.

First-party DV (under your own collision/comprehensive): Generally not paid in Kansas. The Kansas Insurance Department explains that state law does not specifically address DV and that companies may consider DV in some third-party cases, but “diminished value will never be considered on first-party claims.” See Kansas Insurance Department consumer guide (pp. 15–16): KID Auto/Home Consumer Guide (PDF). For regulator help or disputes, see the KID complaint portal: File a Complaint or the quick “How to File a Complaint” handout: PDF.

UM/UIM DV: Kansas UM/UIM is primarily for bodily injury; KID notes there’s no vehicle damage payment under UM for collision losses, so DV via UM/UIM is not available. See KID guide (p. 15): KID Auto/Home Consumer Guide.

New to DV? Start with our Diminished Value Overview.

Key Kansas Law & Authority for Diminished Value

• Recognition of diminished value (post-repair): Ohlmeier v. Jones (2015) — affirms a DV award based on expert valuation and market evidence; clarifies DV is distinct from “property damages only” for fee-shifting.
• Measure of property damages (repair vs. value difference; loss of use): Warren v. Heartland Automotive Services, Inc., 36 Kan. App. 2d 758 (2006) (cost of repair plus reasonable loss of use; if repair costs exceed value or cannot restore condition, use difference in fair market value).
• Statute of limitations (property damage): K.S.A. 60-513(a)(2) — 2 years for “taking, detaining or injuring personal property,” which includes Kansas diminished value claims.
• Comparative negligence (fault allocation): K.S.A. 60-258a — recovery reduced by your percentage of fault; barred if your fault is equal to or greater than the defendants’.
• Small Claims jurisdiction (useful for DV disputes): K.S.A. 61-2703 — as amended effective July 1, 2024, up to $10,000 exclusive of interest/costs.

Types of Kansas Diminished Value Recognized

• Immediate DV: The drop in value immediately after the crash and before repairs.
• Repair-related DV: Loss caused by repair issues (structural variance, frame/unibody measurements, paint mismatch, non-OEM parts).
• Inherent (residual) DV: Market stigma that remains even after high-quality repairs — the most common Kansas diminished value theory and the one affirmed with evidence in Ohlmeier.

What You Need to Document for a Kansas Diminished Value Claim

• Police/Crash report: Kansas Highway Patrol (KHP) records portal: Order Official Accident Reports; preliminary crash logs: KHP Crash Logs; KHP records overview: KHP Records Department.
• Photos: Pre-loss (if available), post-crash, and post-repair (all damaged/adjacent panels).
• Repair records: Initial and supplemental estimates, final invoice, parts list (OEM vs aftermarket), frame specs, paint materials sheets.
• Vehicle & market data: VIN, options, mileage, ownership/title, accident history report, local comparable listings and recent auction data.
• Professional appraisal: An independent DV appraisal quantifying residual and repair-related loss with transparent comps — order a SnapClaim DV report to support your Kansas diminished value demand.

If your vehicle is a total loss, you’ll need a Fair Market Value (Total Loss) Appraisal instead.

How to Obtain Kansas Crash Reports

For KHP-investigated crashes, use the state’s online portal: KHP Accident Reports. Many city/county agencies also sell reports via BuyCrash/CrashDocs; check the investigating agency’s website. KHP also provides preliminary logs (14–30 days): KHP Crash Logs and a records overview with fees/contact info: KHP Records.

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

1. Confirm the claim path (third-party vs. first-party).
   • Third-party: Typical for DV — claim against the at-fault driver’s liability insurer for the difference between pre-loss FMV and post-repair FMV (supported by Ohlmeier). This is the standard route for a Kansas diminished value recovery.
   • First-party (collision): Kansas regulators state first-party DV is not paid; review your policy’s limit-of-liability language if you believe you have special coverage (rare).
   • UM/UIM: Kansas UM is BI-only; no vehicle damage under UM/UIM per KID guide.
2. Assemble evidence. Crash report, photos, full repair file, title/history, and market comps documenting stigma after repair.
3. Order a professional DV appraisal. Use SnapClaim for a defensible valuation grounded in Kansas market data and Ohlmeier/Warren damage principles — crucial for a persuasive Kansas diminished value package.
4. Send a formal demand to the liability carrier. Attach your appraisal; list exhibits (A, B, C…). State the DV theory (inherent and/or repair-related) and the dollar amount with supporting comps.
5. Negotiate with data. Address mileage/condition adjustments, comparable selection, and any “formula” methods (e.g., 17c) by emphasizing market-verified comps and your expert’s methodology.
6. Escalate if needed.
   • Regulator assistance: File with the Kansas Insurance Department if claim handling appears unfair: Complaint Portal or How-To PDF.
   • Small Claims Court: Consider filing if negotiations stall and your DV amount is within $10,000 (K.S.A. 61-2703). Bring your appraisal, crash report, repair invoices, photos, and comps.
   • District Court: For claims exceeding $10,000 or if litigation is warranted; consult a Kansas attorney experienced in auto property damage/DV.
7. Preserve deadlines. Kansas’ limitations period for injury to personal property (including DV) is 2 years from accrual (K.S.A. 60-513(a)(2)). Fault sharing may reduce or bar recovery under K.S.A. 60-258a.

Kansas-Specific Tips to Strengthen Your Diminished Value Claim

• Use Kansas comps. Include local dealer/private-party listings and recent auction data to show the market discount for accident history in your area.
• Document repair quality. Frame/unibody measurements and, where appropriate, paint-meter readings help establish (or rule out) repair-related DV.
• Be explicit on theory. Identify whether your claim is for inherent DV, repair-related DV, or both — and tie each to numbered exhibits for a clean Kansas diminished value presentation.
• Organize your file. A labeled exhibit stack (A, B, C…) with a cover index speeds regulator review and any court hearing.

Why Using a Professional Appraisal Is Crucial

Insurers often rely on rough formulas that understate real-world market impact. A SnapClaim appraisal uses Kansas-market comparables, transparent adjustments, and expert review — built to stand up in negotiation, Small Claims, or District Court. If your vehicle is totaled, use our Fair Market Value (Total Loss) Appraisal. You’re also protected by our Money-Back Guarantee Policy.

• Order a Diminished Value Report
• Diminished Value Overview
• Fair Market Value (Total Loss) Appraisal
• Money-Back Guarantee Policy
• Diminished Value State Laws

References & Resources

• Diminished value affirmed (third-party): Ohlmeier v. Jones, No. 111,750 (Kan. Ct. App. 2015).
• Measure of damages; loss of use: Warren v. Heartland Automotive Services, Inc., 36 Kan. App. 2d 758 (2006).
• Statute of limitations (property damage): K.S.A. 60-513(a)(2).
• Comparative negligence: K.S.A. 60-258a.
• Small Claims jurisdiction limit: K.S.A. 61-2703 (≤ $10,000).
• Crash reports (official): KHP Online Accident Reports | KHP Records Department | KHP Crash Logs.
• Regulator assistance: Kansas Insurance Department — File a Complaint | How to File a Complaint (PDF) | KID Auto/Home Consumer Guide with DV/UM notes (pp. 15–16): PDF.
• Background survey on DV: MWL 50-State Diminution-in-Value Survey.
• SnapClaim internal resources:
  • Order a Diminished Value Report
  • Diminished Value Overview
  • Fair Market Value (Total Loss) Appraisal
  • Money-Back Guarantee Policy
  • Diminished Value State Laws