Wyoming Diminished Value Claims
How Diminished Value Claims Work
In Wyoming, a vehicle involved in a not at fault accident may lose market value even after repairs are completed. When another driver is responsible for the accident, Wyoming law allows you to pursue compensation for that loss in value from the at fault driver’s insurance company as part of your property damage claim. A Wyoming diminished value claim allows you to recover the difference between what your vehicle was worth before the accident and what it is worth after repairs. Wyoming recognizes diminished value as part of a third party property damage claim.
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01
Statute of Limitations
Wyoming allows four years from the date of the accident to pursue a diminished value claim.
02
Third-Party Claims
Diminished value is recoverable when another driver is at fault, and you can file against the at-fault party’s insurance.
03
First-Party and Uninsured Motorist
Most Wyoming auto policies exclude diminished value under first party coverage. Uninsured and underinsured motorist coverage do not apply to diminished value claims.
04
Small Claims Court Limit
Wyoming small claims court allows cases up to $6,000.
Wyoming Diminished Value Law
Wyoming courts recognize that damages to personal property are measured by the actual loss in value caused by the injury. When a vehicle is damaged due to another party’s negligence and repairs do not fully restore it to its pre loss market value, the resulting diminution in value may be recoverable as part of a third party property damage claim. Wyoming follows the principle that damages must compensate for real economic loss and be proven with reasonable certainty.
Meredith GMC, Inc. v. Garner, 328 P.2d 371 (Wyo. 1958)
The Wyoming Supreme Court cited with approval Restatement of Torts § 928, recognizing that when personal property is damaged but not totally destroyed, damages may include the difference in value before and after the injury or, at the plaintiff’s election, the reasonable cost of repair together with an allowance for any remaining loss in value after repairs are completed. This framework supports recovery for residual diminished value when repairs fail to fully restore market value.
Aetna Casualty & Surety Co. v. Langdon, 624 P.2d 240 (Wyo. 1981)
The court explained that Wyoming law allows damages to be calculated using either the cost of repairs method or the decrease in market value method, depending on the circumstances of the loss. The appropriate measure is determined by which method most accurately reflects the actual economic loss suffered. When repairs alone do not fully compensate for the loss, diminished value may be included as part of the damage calculation.
Reposa v. Buhler, 770 P.2d 235 (Wyo. 1989)
The Wyoming Supreme Court held that the proper measure of damages for injury to personal property is the loss in market value, and that damages must be proven with a reasonable degree of certainty. While exact precision is not required, speculative or conjectural damages are not recoverable. This standard permits recovery for diminished value when credible evidence establishes a post repair loss in market value.
Wyoming Diminished Value FAQs
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Does Wyoming allow diminished value claims?
Yes. Wyoming allows third party diminished value claims when another driver is responsible for the accident.
Can I file a diminished value claim in Wyoming if I was not at fault?
Yes. The at fault driver’s insurer may be responsible for diminished value in addition to repair costs.
Can I pursue diminished value against my own insurance in Wyoming?
Generally no, unless first party diminished value coverage is specifically included in the policy.
How is diminished value calculated in Wyoming?
There is no required state formula. Market comparison analysis of similar vehicles is commonly used to determine measurable resale impact.
What is the statute of limitations for diminished value in Wyoming?
Wyoming generally allows four years for property damage claims.
Do insurance companies pay diminished value in Wyoming?
Yes, but insurers typically require documentation showing measurable market loss before offering compensation.