If you are doing research on how to get paid for your vehicle’s diminished value, then you know that the advice on the street is to get a diminished value appraisal from a qualified expert. Are you feeling lost or overwhelmed in the process? You aren’t alone!
If you have a repairable collision claim in Texas, then you may be entitled to recover for your vehicle’s diminished value. In Texas, if you file a third-party auto claim, then if your claim meets certain standards, you would likely recover diminished value if the case went before a jury.
Diminished value in Texas compares to other states in this capacity through the negligence law rules.
In Texas, if one is over 50% at fault for a loss, then they cannot recover damages from a less negligent party.
The kicker is that if they are only 10% at fault, then that 10% can be deducted from their damage amount. Some States have a law that applies negligence in a pure manner.
For example: if you are 10% at fault, then you owe 10% of the other person’s damages. If you are 61% at fault, you can still recover 39% of your damages.
The point, and to answer the question in the title of this article, is that YES you can get paid for diminished value in Texas.
Frankly, I’m surprised that I don’t get asked the title question more often, but I know why I don’t. Simply put, it is the dogmatic way insurance adjusters explain the total loss or repair process to accident victims.
From the onset of dealing with most adjusters, the tone is set by the adjuster that what they say is how it is. Most simply TELL people how it is. The art of negotiation is lost and with it, common sense.
This isn’t their fault; their supervisor told them how it was when they started and as they trained. But don’t blame the supervisor because his manager told him how it was when he started. But don’t blame the manager. . . you see where I am going with this?
It is a mindset drilled into adjusters that THEY are the ones that decide if a vehicle is totaled or not. They are sadly mistaken.
So, listen, it is YOUR vehicle.
YOURS.
Not theirs.
YOU decide what to do with it, not them. Remind them of this if you disagree with them. Ask them whose name is on the title. After you have cleared up the issue of ownership and ultimate control over the destiny of your vehicle, then you have to implement a plan to bring the destiny to reality.