Diminished Value Frequently Asked Questions

Am I entitled to Diminished Value?

In the State of Texas, if you have been involved in an accident that was not your fault then Yes you are entitled to file a claim for diminished value on your vehicle. 

What if the negligent party in the accident does not have insurance?

If the other party does not have insurance but you carry uninsured motorist coverage on your policy than Yes you can file for diminished value on your policy under the uninsured motorist coverage.

Who is working for me?

The consumer is usually pitted between the insurance company's need to minimize their losses and the repair facilities need to make a profit. In fact many body shops are now working directly with insurance companies in what is called a Direct Repair Program.  These DRP's are controlled by the insurance company and dictate to the body shops how the repairs will be completed.

The consumer needs an unbiased third party to assure that the repairs to their vehicle have been completed properly and the owner has not been short changed in the repairs.

How long do I have to file a diminished value claim?

In the State of Texas the statue of limitations on filing a diminished value claim is two (2) years from the date of loss.

Can I file suit against the body shop if my repairs are not completed properly?

Yes, you can file a claim in small claims court in Texas for as much as $5,000.00 for the repair related diminished value of your vehicle.

How do I recover all my losses?

In order to recover all of your losses you must have an accurate assessment of all of your losses.  Therefore, you should have a diminished value appraisal done on your vehicle as soon as possible after the repairs are completed.