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State law · KS
In Kansas, you can seek lost market value from the at-fault driver. The Court of Appeals upheld a diminished-value judgment for a repaired SUV in 2015, and older Kansas Supreme Court cases allow repair cost plus remaining loss in value. Claims against your own insurer are less clear. A 1974 case allowed one where the insurer's repairs failed to restore the car. The lawsuit deadline is two years.
Claim against the at-fault driver
Allowed by case law
Claim against your own insurer
Depends on your policy
Time limit to sue for property damage
2 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Kansas law
Third-party claim
Allowed by case law
In Ohlmeier v. Jones (2015), the Court of Appeals affirmed a $4,185 diminished-value judgment against an at-fault driver for a fully repaired vehicle. The judgment rested on an expert's before-and-after value testimony. The Kansas Supreme Court has said that when repairs leave property worth less than before, repair cost plus the remaining value difference may be a fair measure (Broadie v. Randall; Venable). Ohlmeier also held that the attorney-fee statute, K.S.A. 60-2006, does not cover diminished-value losses.
Authority: Ohlmeier v. Jones, 51 Kan. App. 2d 1014, 360 P.3d 447 (2015); Broadie v. Randall, 114 Kan. 92, 216 P. 1103 (1923); Venable v. Import Volkswagen, Inc., 214 Kan. 43, 519 P.2d 667 (1974); K.S.A. 60-2006
First-party claim
Depends on your policy
In Venable v. Import Volkswagen (1974), the Kansas Supreme Court held that an insurer that elects to repair must restore the vehicle to substantially its prior condition, 'as valuable and as serviceable' as before. When the repairs failed to do that, it affirmed an award for the value lost after repair. The case involved defective repairs under a 1970s policy. No modern Kansas appellate case was found on inherent diminished value under current policy wording.
Authority: Venable v. Import Volkswagen, Inc., 214 Kan. 43, 519 P.2d 667 (1974)
Case law
Kansas Court of Appeals · 2015
51 Kan. App. 2d 1014, 360 P.3d 447 (2015)
Affirmed a $4,185 judgment for diminished value of a repaired 2011 Chevrolet Traverse against the at-fault driver (challenge to the expert's qualifications rejected), but reversed the attorney-fee award because 'property damages only' in K.S.A. 60-2006 does not include diminished value loss.
Kansas Supreme Court · 1923
114 Kan. 92, 216 P. 1103 (1923)
Approved the before-and-after market value measure for a disfigured new car; noted that where repair does not restore original condition and value, the repair cost together with the remaining difference in value may in some cases be a fair measure.
Kansas Supreme Court · 1974
214 Kan. 43, 519 P.2d 667 (1974)
When a collision insurer elects to repair, it must restore the vehicle to substantially its prior condition so it is as valuable and serviceable as before; where repair fails to restore it, the insured may recover the before-damage value less the after-repair value plus repair cost. Affirmed $820 loss-in-value judgment against the insurer.
Status: treatment unclear: First-party. Facts involved incomplete/defective repairs to a camper. No later Kansas appellate case was found extending it to 'inherent' (stigma) diminished value after proper repairs.
K.S.A. 60-513(a)(2): Actions limited to two years
An action for taking, detaining or injuring personal property must be brought within two years.
K.S.A. 60-511(1): Actions limited to five years
An action upon any agreement, contract or promise in writing must be brought within five years. This may apply to a claim against your own insurer, subject to the policy's terms.
K.S.A. 60-2006: Attorney fees in certain motor-vehicle property damage actions
In suits for 'property damages only' under $15,000 caused by negligent driving, the prevailing party may get attorney fees unless a sufficient tender was made. Ohlmeier held that diminished value does not count as 'property damages only'.
K.S.A. 40-3107(e): Required motor vehicle liability policy provisions
Liability limits of at least $25,000 per person and $50,000 per accident for bodily injury, and $25,000 for property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in KS
We serve Kansas from your repair order, photos and records, the same way we serve every state. A typical diminished-value appraisal is $250–$350, typically 24–48 hours after all required information is received.
Other states
The claim review is free: we look at your situation and tell you whether an appraisal is likely to help. The appraisal itself is a paid report. We help from start to finish, including a custom demand letter, and our support staff is a phone call away throughout the process.
