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State law · WI
Against an at-fault driver, a Wisconsin appeals court has allowed recovery of proven loss of value after repair in addition to repair cost. Against your own insurer, a Wisconsin appeals court held that a common collision-policy wording lets the insurer pay only for repairs, so first-party recovery depends on the policy. Most vehicle-damage lawsuits must be filed within three 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
3 years
Insurance regulator
Reviewed by Monica Fisher, Owner, Licensed Auto Appraiser and Court Expert Witness — appraisal perspective, not legal advice
Last reviewed
Wisconsin law
Third-party claim
Allowed by case law
In Hellenbrand v. Hilliard (2004), a published Court of Appeals decision, the court held that when a plaintiff proves repairs did not restore the property to its pre-injury value and shows harm from that loss, the plaintiff may recover the proven lost value. The court left open what happens if repair cost plus lost value exceeds pre-accident value. The Wisconsin Supreme Court has not squarely ruled on it.
Authority: Hellenbrand v. Hilliard, 2004 WI App 151, 275 Wis. 2d 741, 687 N.W.2d 37; Krueger v. Steffen, 30 Wis. 2d 445, 141 N.W.2d 200 (1966); Wis. Stat. § 893.52(2)
First-party claim
Depends on your policy
In Wildin v. American Family (2001), the Court of Appeals held that a policy limiting payment to the least of actual cash value, repair cost, or decrease in value let the insurer choose to repair and owe nothing for diminished value, even with frame or unibody damage. Different policy wording could lead to a different result, but no Wisconsin decision requiring first-party DV was found.
Authority: Wildin v. American Family Mutual Insurance Co., 2001 WI App 293, 249 Wis. 2d 477, 638 N.W.2d 87; Wis. Stat. § 893.43(2)
Case law
Wisconsin Court of Appeals · 2004
2004 WI App 151, 275 Wis. 2d 741, 687 N.W.2d 37
When a plaintiff proves that repairs to personal property have not restored it to its pre-injury value and shows harm from that loss, the plaintiff may recover the proven lost value in addition to repair cost; the 'lower of repair cost or diminution' jury instruction does not cover this theory.
Wisconsin Court of Appeals · 2001
2001 WI App 293, 249 Wis. 2d 477, 638 N.W.2d 87
A collision policy limiting liability to the least of actual cash value, the amount needed to repair or replace, or the decrease in value unambiguously let the insurer repair the car without paying diminished value, even though structural damage meant repair could not restore pre-loss value.
Wisconsin Supreme Court · 1966
30 Wis. 2d 445, 141 N.W.2d 200 (1966)
For a damaged vehicle with a market value, the damages are the difference in value before and after the injury; repair cost is evidence of that diminished value, not by itself the measure.
Wisconsin Court of Appeals · 2002
2002 WI App 168, 256 Wis. 2d 892, 649 N.W.2d 645
In a third-party auto case, the parties agreed, and the court noted, that the standard measure is repair cost or diminution in fair market value, whichever is less (Wis JI-Civil 1804); the case mainly concerns sanctions, subrogation and costs.
Status: treatment unclear: Predates Hellenbrand, which later held the 'lower of the two' instruction does not cover post-repair loss of value. Listed so reviewers are not surprised by it.
Wis. Stat. § 893.52(2): Action for damages for injury to property
A non-contract action for property damage arising from a motor vehicle accident must be started within 3 years after it accrues (other property damage: 6 years under § 893.52(1)). Added by 2015 Wis. Act 133 for accidents on or after February 6, 2016.
Wis. Stat. § 893.43(2): Action on contract
An action upon a motor vehicle insurance policy must be started within 3 years after the cause of action accrues.
2015 Wis. Act 133: Statutes of limitation for motor vehicle accident claims
Created the 3-year limits in §§ 893.43(2) and 893.52(2); first applies to accidents on the act's effective date (published February 5, 2016, effective the next day).
Wis. Stat. § 895.045(1): Comparative negligence
A partly at-fault claimant can still recover if their negligence was not greater than the defendant's; damages are reduced by their share of fault.
Wis. Stat. § 344.33(2): Motor vehicle liability policy limits
Minimum limits: $25,000 bodily injury per person, $50,000 per accident, $10,000 property damage.
Researched September 30, 2026. General information from an appraisal perspective, not legal advice.
Autoloss in WI
We serve Wisconsin 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.
Allowed by case law. In Hellenbrand v. Hilliard (2004), a published Court of Appeals decision, the court held that when a plaintiff proves repairs did not restore the property to its pre-injury value and shows harm from that loss, the plaintiff may recover the proven lost value. The court left open what happens if repair cost plus lost value exceeds pre-accident value. The Wisconsin Supreme Court has not squarely ruled on it.
Depends on your policy. In Wildin v. American Family (2001), the Court of Appeals held that a policy limiting payment to the least of actual cash value, repair cost, or decrease in value let the insurer choose to repair and owe nothing for diminished value, even with frame or unibody damage. Different policy wording could lead to a different result, but no Wisconsin decision requiring first-party DV was found.
Wisconsin generally allows 3 years to sue for vehicle property damage (Wis. Stat. § 893.52(2)). Talking with the insurer does not pause the deadline, so check it early.
Put your dispute in writing and support it with evidence, such as an independent appraisal. If the insurer still does not respond, you can file a complaint with the Wisconsin Office of the Commissioner of Insurance. Insurers, arbitrators and courts make their own decisions. An appraisal is evidence supporting your claim, not a promise of payment.
A typical diminished-value appraisal is $250–$350, typically 24–48 hours after all required information is received. 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.
Not normally. Our appraisers prepare the report from your repair order, photographs and records, the same way we serve every state.
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.
