Diminished Value Wisconsin
Wisconsin Diminished Value: The "Hellenbrand" Standard
Wisconsin is one of the most favorable states for diminished value claimants due to its rejection of the “Repair-Only” limitation in third-party claims.
The Hellenbrand Landmark
In Hellenbrand v. Hilliard, 687 N.W.2d 37 (Wis. App. 2004), the Wisconsin Court of Appeals explicitly rejected the “lower of the two” rule. The court held that if a vehicle’s market value is still reduced after being fully repaired, the owner is entitled to both the cost of repairs and the remaining diminished value.
Areas We Serve
- Milwaukee
- Madison
- Green Bay
- Kenosha
- Racine
- Appleton
- Waukesha
- Eau Claire
- Oshkosh
Statute of Limitations:
Wisconsin provides a six-year window (Wis. Stat. § 893.52) to file property damage claims.
The 80% Rule:
Under Wisconsin Statutes Chapter 631, specific rules apply to how insurers must handle vehicles that sustain damage totaling 80% or more of their value.
Uninsured Motorist (UM):
Note that Wisconsin typically does not allow diminished value recovery through your own UM coverage (Wis. Stat. § 632.32), making third-party litigation your primary avenue for recovery.
Seminal Case Law
- Wildin v. American Family Mut. Ins. Co., 638 N.W.2d 87 (Wis. Ct. App. 2001):
While Hellenbrand helps with third-party claims, Wildin warns that first-party (your own) insurance policies using “repair or replace” language generally do not cover diminished value. This makes identifying the at-fault party’s coverage essential.