Diminished Value claims in Kansas
Kansas drivers have 2 years to file a diminished value claim.
The clock on a diminished value (DV) claim starts on the date of loss — not the date repairs finish. Bring verified comparable-sales evidence to the at-fault driver's carrier and recover the market-value loss your vehicle took.
Other states served
Hop sideways — every state has a guide
- Alabama diminished value guide
- Alaska diminished value guide
- Arizona diminished value guide
- Arkansas diminished value guide
- California diminished value guide
- Colorado diminished value guide
- Connecticut diminished value guide
- Delaware diminished value guide
- Florida diminished value guide
- Georgia diminished value guide
- Hawaii diminished value guide
- Idaho diminished value guide
- Illinois diminished value guide
- Indiana diminished value guide
- Iowa diminished value guide
- Kansas diminished value guide
- Kentucky diminished value guide
- Louisiana diminished value guide
- Maine diminished value guide
- Maryland diminished value guide
- Massachusetts diminished value guide
- Michigan diminished value guide
- Minnesota diminished value guide
- Mississippi diminished value guide
- Missouri diminished value guide
- Montana diminished value guide
- Nebraska diminished value guide
- Nevada diminished value guide
- New Hampshire diminished value guide
- New Jersey diminished value guide
- New Mexico diminished value guide
- New York diminished value guide
- North Carolina diminished value guide
- North Dakota diminished value guide
- Ohio diminished value guide
- Oklahoma diminished value guide
- Oregon diminished value guide
- Pennsylvania diminished value guide
- Rhode Island diminished value guide
- South Carolina diminished value guide
- South Dakota diminished value guide
- Tennessee diminished value guide
- Texas diminished value guide
- Utah diminished value guide
- Vermont diminished value guide
- Virginia diminished value guide
- Washington diminished value guide
- West Virginia diminished value guide
- Wisconsin diminished value guide
- Wyoming diminished value guide
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Check your Kansas filing deadline
Enter the date of your accident below. We'll show your exact 2-year statute-of-limitations deadline and how many days remain.
Kansas diminished value claim facts
Statute of limitations
2 years from date of loss
K.S.A. § 60-513(a)(4) sets a 2-year statute of limitations for "an action for injury to the rights of another, not arising on contract, and not herein enumerated." K.S.A. § 60-513(b) provides discovery-rule tolling where the act causing damage is not reasonably ascertainable; for DV, this is typically post-repair.
First-party DV
Limited — depends on policy
Third-party DV (at-fault carrier)
Yes — widely recognized
UM/UIM coverage
Yes
Small-claims max
$4,000
Total-loss threshold
75% of ACV
Statute citation: K.S.A. § 60-513 (2-year SOL for property damage, with discovery-rule tolling)
Why this matters in Kansas
Kansas is one of the few states that does NOT recognize a common-law tort of bad faith (per Spencer v. Aetna). Recovery is limited to contract damages plus statutory attorney's fees. Third-party DV claims are recognized under common-law tort principles.
First-party DV is restricted
First-party DV under standard collision coverage is more restricted in Kansas. Kansas case law does not clearly establish first-party DV recoverable. The reliable path is third-party DV or UM/UIM.
The 2-year filing window with discovery-rule tolling
The KS SOL is 2 years from the date of loss under K.S.A. § 60-513(a)(4) — but with explicit discovery-rule tolling under § 60-513(b). The clock may not start until the DV is reasonably ascertainable — typically post-repair. Preserve the repair-completion date.
UM/UIM (mandatory)
UM/UIM is mandatory in Kansas (K.S.A. § 40-284) — DV may be recoverable under "all sums" the at-fault driver would have owed.
The 75% total-loss threshold
K.S.A. § 8-197 defines salvage at 75% of FMV.
Spencer + Glenn — no common-law bad-faith tort
Kansas is restrictive on bad-faith. Spencer v. Aetna Life & Cas. Ins. Co. (Kan. 1980) declined to recognize the common-law tort. Glenn v. Fleming, 247 Kan. 296 (Kan. 1990) confirmed that an insurer's failure to defend/settle a third-party claim is a breach of contract, not an independent tort. Statutory attorney's fees under K.S.A. § 40-256 are the primary remedy.
How to file in Kansas
- Small Claims Court: cases up to $4,000 (among lowest in the country) - District Court: above $4,000 (no upper limit; varies by county) - Consumer complaints at insurance.kansas.gov
Notable Kansas citations
- Spencer v. Aetna Life & Cas. Ins. Co. (Kan. 1980) — Kansas Supreme Court declined to recognize the common-law tort of bad faith against an insurer; Kansas remedies are limited to breach-of-contract damages plus statutory attorney's fees under K.S.A. § 40-256
- Glenn v. Fleming, 247 Kan. 296, 799 P.2d 79 (Kan. 1990) — Kansas Supreme Court confirmed Spencer: an insurer's failure to defend or settle a third-party claim is a breach of contract, not an independent tort; recovery may exceed policy limits where insurer fails to act in good faith and without negligence
Ready to recover your diminished value in Kansas?
Kansas drivers with a not-at-fault collision have up to 2 years from the date of loss to file a diminished value claim against the at-fault driver's carrier. Our Inherent Diminished Value Report bundles 10 million+ comparable sales from your local market, a calculated DV figure, and a pre-addressed Carrier Demand Letter — everything you need to counter the carrier's 17c formula and push for the full settlement you're owed.
Backed by our $600 Money-Back Guarantee · Trusted by drivers in all 50 US states · Endorsed by Robert L. McDorman, Expert Public Insurance Adjuster
The Only Diminished Value Report With a Money-Back Guarantee
No competitor offers this. We're so confident in our methodology that if your Inherent Diminished Value Report shows less than $600 in pre-accident value loss, your $199.95 is fully refunded — and the $49.95 Document Bundle is on us too.
Backed by 10+ years of settlement data and verified market comparables.
The fine print
We guarantee that your Diminished Value Report will have a greater than $600 loss in pre-accident Actual Cash Value, or we will refund your card the FULL $199.95 purchase price. If you also purchased the Document Bundle for greater support. We will also refund this $49.95 in the event your recorded Diminished Value is less than $600.00. If you disagree with anything on the report you can contact support@vehiclevalueanalysis.com with your concerns.
Kansas diminished value claim FAQ
State-specific answers plus universal diminished value questions. See the full FAQ for the complete 70+ entries.
Kansas drivers: don't leave money on the table
Carriers settle DV claims for an average of 25% of the true diminished value when claimants don't bring comparable-sales evidence. Anchor your Kansas claim with a VVA report and the included pre-addressed Carrier Demand Letter — most settle without litigation.
Inherent Diminished Value Reports cover all 50 US states.
States with similar filing deadlines
Diminished value guides for every US state
All 50 state guides published. Each lists the SOL, statute, total-loss threshold, and key case law for that state.
View the full by-state hub for funnel-tier grouping and bookend SOL ranges.
State legal information on this page is general guidance only and may be subject to retroactive verification. Content status: Verified (state-statute, last reviewed 2026-05-21). Our Inherent Diminished Value Reports cover all 50 US states regardless of guide status. See the legal disclaimer for full verification details.