Legal Question in Personal Injury in Wisconsin

Automobile diminished value claim

I was involved in a car accident where the other driver was at fault. I am trying to collect damages for the diminished value resulting from the loss. The at fault drivers insurance carrier claims diminished value is non recoverable but I disagree. I believe the at fault driver would be liable for the loss in value regardless of whether his insurance carrier covers that loss. Long story short is diminished value a recoverable loss in the state of Wisconsin from a second party.


Asked on 2/17/02, 2:07 pm

1 Answer from Attorneys
Michael End End, Hierseman & Crain, LLC

Re: Automobile diminished value claim

Wisconsin law provides that you are entitled to recover for the diminished value of your car, usually determined by the cost of repair to bring the car back to its pre-accident condition. Assuming the other driver to have been at fault, the value of your claim would be diminished by the percentage of any contributory negligence, i.e., if the other driver were 90% at fault and you were 10% at fault, you would be entitled to 90% of the cost of repairing your car. If the car were determined to be a total loss, then you would be entitled to the pre-accident value of the car. In that case, the insurance company would be entitled to have you sign over the title to the car so that the company could recover the salvage value of the car.

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Answered on 2/17/02, 8:28 pm


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