Okay 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.
There are cases on both sides of the fence. The first party coverage where there is not much question is the U/M portion. Unless your policy specifically excluded diminished value, then the U/M portion will cover diminished value. Don’t forget about this if you are involved in an accident where the other party is uninsured or underinsured and you have U/M coverage.
Call me directly if you have any questions.
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