Diminished Value Claims for Automobile Property Damage in Texas
If your vehicle or property has been damaged in an auto accident or other loss, then you may be entitled to compensation for diminished value to your property. Whether you are entitled to compensation for diminished value depends on multiple factors, including the make, model and year of your vehicle and the dollar amount of the property damage. The legal authority for asserting a claim for diminished value in Texas is as follows: The Texas Supreme Court in Thomas v. Oldham, 895 S.W.2d 352, 359 (Tex. 1995) made it very clear that when personal property is damaged or destroyed, the standard for measuring damage to the personal property is the difference in its market value immediately before and immediately after the loss, at the place where the damage occurred. The Texas Department of Insurance issued a Commissioner's Bulletin No. B-0027-00 on April 6, 2000, which reads in part: "An insurer also may be obligated to pay a third party claimant for any loss of market value of the claimant's automobile, regardless of the completeness of the repair, in a liability claim that the third party claimant may have against a policyholder. Further, an insurer may be obligated to pay a first party claimant under the uninsured/under insured motorist coverage provisions of the policy, for any loss of market value of the first party claimant's automobile, regardless of the completeness of the repair."