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

Asked over 1 year ago - 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. Robert C. Slim

    Contributor Level 14

    10

    Lawyers agree

    1

    Answered . 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.

  2. Damon E. Mathias

    Pro

    Contributor Level 6

    9

    Lawyers agree

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    Answered . 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. Michael Shemtoub

    Contributor Level 17

    10

    Lawyers agree

    Answered . 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... more
  4. Christian K. Lassen II

    Pro

    Contributor Level 20

    9

    Lawyers agree

    Answered . Get an appraiser as an expert.

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

    Contributor Level 13

    3

    Lawyers agree

    Answered . 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.... more
  6. Donald Arthur Woodbine

    Contributor Level 9

    2

    Lawyers agree

    Answered . 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.

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