Difficult Adjusters and Lawsuits

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As a former liability adjuster, I cannot count the times that an individual threatened a lawsuit in an attempt to get more money.

I would like to make the point that adjusters are calloused to the threat of a lawsuit.  Many times, the adjuster’s ignorance is the reason they do not respond.  It is rare for an adjuster to actually be involved in the negotiation of an actual suit, so they never get real experience and hardly ever actually hear or see what the staff attorney or hired attorney does to get the suit settled.  Threatening a suit is rarely useful unless the threat is clearly credible.

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First Party Diminished Value Claims in Texas

first party diminished valueOkay guys listen, it is possible to file a diminished value claim against your own insurance company.

In Texas, there are still some courts that will hear a case under the collision portion of your policy, and there is at least one case in Dallas where the trial court agreed that diminished value was part of the damage calculation that should be used under the collision portion of a policy.

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