You always must have proof to prove what you are claiming. You should contact a local attorney.
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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.
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.
Get an appraiser as an expert.
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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.
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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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