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Do I need any paperwork to prove the diminished value of my vehicle after an accident in court?

Dallas, TX |

I sued an individual because he hit my vehicle but his insurance denied my claim because he lied to them. His insurance company offered me 1/3 of what I am asking for in court. If I go to court I want to ask for money because even after fixing my car, it will never recover its value. You know a car that has been involved in an accident is not worth the same as one that has never been.

Attorney Answers 6


  1. You always must have proof to prove what you are claiming. You should contact a local attorney.

    View my website & give me a call for a FREE consultation if you are a California resident 877-427-2752 or you can email me at Michael@Kingofpersonalinjurylaw.com www.KingofPersonalInjuryLaw.com I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  2. If you have not already done so, you should have a diminished value report performed for the vehicle. You may want to consult an attorney before you take on an insurance company in court on your own. The rules of evidence are quite complex and failure to comply could compromise your case. Feel free to give me a call if you would like to discuss further.


  3. Diminished value is a recognized claim in Texas. However, proving it is another story. You cannot just go into court and make a blanket argument that your car is worth less just because of the accident. You will have to hire an appraiser as an expert witness to testify on your behalf. There are expert witnesses that provide this service, but you will have to pay them. Therefore, you have to weigh the expense of retaining an expert witness against the the amount you may (or may not) recover on your diminished value claim.


  4. Get an appraiser as an expert.

    Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com


  5. You need to consult with an attorney and likely need to hire an expert to provide testimony about the diminished value. Of course, the cost of the expert in relation to the diminished value may not make the claim worth pursuing. It is a cost benefit analysis that you will have to evaluate. Good luck.

    By providing this legal analysis of the issue presented, no attorney/client relationship is being formed. Additionally, attorney is not agreeing to represent the individual who presented the question concerning the legal issue. A signed retainer agreement is required before an attorney /client relationship is established. The analysis provided is meant solely to provide general guidance about the legal issue presented.


  6. I agree with the above answers; you should never try to deal with the insurance company yourself. They are trained to convince you to take less than your claim is worth. You need someone who deals with them regularly to represent you.