Is there insurance coverage--diminished value with no UM insurance in a hit and run in Texas?

there was a hit and run and we did not have UM insurance the insurance company says there is no DV covarage, otherwise we have full coverage, is the insurance company correct? - Is this your question? Add additional information
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Richard Emory Mcgary

Richard Emory Mcgary

Contributor Level 4
The answer to your question is NO. On October 17, 2003, the Texas Supreme Court decided the case of American Manufacturers Mutual Ins. v Schaefer, 124 SW3d 154 (Tex 2003). In Schaefer, the Texas Supreme Court considered whether the Texas standard personal auto policy obligates an insurer to compensate a policyholder for a vehicle's diminished market value when the vehicle has been damaged, but adequately repaired. Simply and succinctly, the Texas Supreme Court held that a personal auto policy does not require the insurer to pay for the diminished value of a fully and adequately repaired vehicle. According to the court The concept of "repair" with regard to a vehicle connotes something tangible, like removing dents or fixing parts. We do not believe that the ordinary or generally accepted meaning of the word "repair" connotes compensating for the market's perception that a damaged but fully and adequately repaired vehicle has an intrinsic value less than that of a never-damaged car. To expand the ordinary meaning of "repair" to include an intangible, diminished-value element would be "ignoring the policy['s] language or giving the contract['s] text a meaning never intended."

NOTE: THE FOREGOING DOES NOT CONSTITUTE LEGAL ADVISE OR THE CREATION OF AN ATTORNEY-CLIENT RELATIONSHIP BUT IS FOR PURPOSES OF LEGAL DISCUSSION ONLY.
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