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Can I ask Diminished value from my own insurance company in TX

Houston, TX |

They already fixed my car. But I also want to be compensated for the diminished value. No injuries. My car was parked on the street, the other driver hit and ran. My insurance company wasn't able to collect the money from him. My insurance told me in TX, I can't ask diminished value from my own insurance company, I don't trust them. I received a doc from TDI. Please look at the last paragraph about 1st party claims(link at end of this message) The sentences are constructed as "insurer may be obligated to". My understanding is if they feel like paying diminshed value they can. But there's nothing that says I CAN NOT ask DV from my company. Please keep in mind this is only for DV and I do have full coverage http://www.tdi.texas.gov/bulletins/2000/b-0027-0.html

Attorney Answers 4


  1. You are entitled to the cost of the repairs.


  2. I trust neither insurance companies or the Tex. Dept. of Ins. Unfortunately, in this case they are right. The Texas case that says this is American Manufacturers Mutual Ins. Co. v. Schafer, 124 S.W.3d 154 (Tex. 2003). Sorry,

    [henry picture]
    Henry Moore, Attorney
    Board Certified, Personal Injury Trial Law
    316 W. 12th, #318
    Austin, Texas 78701
    512-477-1663
    512-476-6212 fax
    henry@moorelegal.net

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  3. You can sue the negligent driver for full compensation. Your insurance company will be entitled to reimbursement of what it paid you less the deductible. Your insurer is only liable to the extent of coverage set out in your policy. So, read your policy.

    Good luck.


  4. Henry laid it out well

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