What Types of Evidence Strengthen Your Wisconsin Diminished Value Claim?
After an accident, your vehicle can lose market value even if repairs look perfect. That loss—called diminished value—can be recoverable from an insurer. Gathering solid evidence helps you demonstrate the true drop in value under Wisconsin law.
Disclaimer: This information is not legal advice. For guidance on your specific situation, consult a licensed attorney.
Detailed Answer
Wisconsin requires insurers to handle claims in good faith and promptly settle valid losses (Wis. Stat. ”). While Wisconsin statutes do not explicitly mention “diminished value,” courts allow first-party and third-party claims. To build a strong case, collect the following evidence:
- Pre-Accident Condition Documentation: Obtain a vehicle history report (e.g., CARFAX) showing mileage, maintenance records and factory options.
- Professional Appraisal: Hire a licensed auto appraiser. A formal written appraisal quantifies market value loss and explains the valuation method.
- Repair Records and Invoices: Keep all repair estimates, bills and parts invoices. Include detailed descriptions of work completed, especially structural repairs or panel replacements.
- Comparable Market Analysis: Research local listings for similar vehicles—with and without accident history. Highlight price differences based on condition and mileage.
- Photographic Evidence: Take clear, time-stamped “before and after” photos of the damaged areas, final repairs and overall vehicle condition.
- Expert Statements: Obtain a written opinion from a collision specialist, mechanic or dealer on how the accident affects resale value.
- Proof of Upgrades or Options: Submit receipts for aftermarket features or premium packages that factor into your car’s pre-accident value.
Helpful Hints
- File your diminished value claim within your policy’s time limits and keep copies of all submissions.
- Send all communications by certified mail or email so you have a clear record.
- If the insurer undervalues your loss, consider hiring an independent appraiser under your policy’s appraisal clause.
- Keep detailed notes of any phone calls with insurance adjusters, including dates, names and summaries.
- If negotiations stall, consult a Wisconsin attorney experienced in auto insurance disputes.