What is the procedure, and likelihood, of collecting diminihed value damages on a third-party claim for a wrecked car in Texas?

I have a 2009 Honda Accord with less than 10,000 miles on it. I was involved in an accident in December, 2009 with someone who ran a stop sign. His insurance company accepted 100% liability. This insurance company has been very difficult to deal with. The car has been repaired and the cost was about $8500.00. I believe the value of my car is much less now than it would be, had it not been excessively damaged in this crash. I would like to file a claim against his Insurance company to recoup the loss.

Lubbock, TX -

Attorney Answers (3)

Lance David Sharp

Lance David Sharp

Car / Auto Accident Lawyer - Austin, TX
Answered

Your going to need an expert to testify to the lose of value. Unfortunately, getting someone qualified to testify about the value of your vehicle can be tough and expensive. The law doesn't allow you to recoup the experts fees. So you have to weigh the loss of value vs. expert fees. On most vehicles it isn't worth it. Good luck

Andrew Thomas Hawkins

Andrew Thomas Hawkins

Car / Auto Accident Lawyer - Fort Worth, TX
Answered

To reiterate what Lance said, you will need an expert to provide an opinion on the diminished value. In the metroplex, there are several companies that will provide a detailed report for around $350. I suspect that there are similar services in either Lubbock or Amarillo.

In your case, with a new car, I would think it would be money well spent if you have an attorney lined up to handle the case or if you feel comfortable pursuing the matter on your own. You can file the case in small claims court if your damages are $10,000 or less. Good Luck

Hutton Wesley Sentell

Hutton Wesley Sentell

Car / Auto Accident Lawyer - Dallas, TX
Answered

I think the previous responses are right on point. You need to weigh the cost of further pursuit against your likelihood of recovery. To fully investigate this, I suggest you contact someone who is an expert in this area of diminished value evaluations to determine what the cost of getting an expert involved in your case would be versus what your actual diminished value claim may be worth. I suggest you consider Googling "Texas diminished value appraisal" and you should find a number of potential appraisal options. With a good report from a trusted appraisal service, you may be able to get a better settlement.

Good luck!

DISCLAIMER: Please know that this answer is being provided to you in response to the limited information contained in your submission and should be considered for informational and/or educational purposes only. This response does not establish any attorney client privilege or relationship between you and me, as a responding attorney, and my post certainly does not attempt to counsel you on any of the pertinent legal facts and/or implications concerning your issue. To fully investigate and determine your legal rights, should you so choose, I recommend that you promptly consult with an attorney of your choosing as time may be of the essence.

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