Join us around the campfire!
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.
I get a lot of questions about what the consumer can do to fight the insurance company when it comes to the value of their total loss. Unfortunately, if you don’t have an adjuster’s license or some other credentials that qualify you to render an opinion on a vehicle’s value, then you are at the mercy of the insurance company.
All hope is not lost, though.
This may work if you make some valid arguments. The insurance adjuster should be able to discern whether your arguments are valid or not and if they are valid, they should adjust the claim accordingly. Make sure you have a copy of how they evaluated the value of your car and then look it over very carefully for any discrepancies in the mileage, options, or condition of your vehicle. If there are no discrepancies, you will likely have a hard time arguing value because the value is an opinion of market worth that can only be certified by an insurance company or licensed and trained professional.
Let me put my opinion out there. As an injury adjuster for years, I saw almost every type of injury claim out there, including a lot of soft tissue injuries. For those of you who don’t know, soft tissue injuries are injures that do not include any breakage of the skin or bones. They are normally describes as strains or sprains. Anyway, here is why adjusters think there is such rampant fraud. . . .
Attorneys and chiropractors solicit accident victims. I have seen it many times and the victim is an innocent bystander to the actual fraud. Here’s the common scenario.
IT IS COMING! ! ! Watch for the WORLDWIDE RELEASE of a comprehensive new e-book that details the industry of auto claims!
If you ever wanted to know how a total loss is calculated, or what the adjuster is taught in preparation to take their license exam, or even if an adjuster has to be licensed, or how an insurance company determines what to charge you, or if that small accident is going to affect your rates and why, or how to avoid your rates from increasing, or how a salvage lot works, or who is really in charge in the claims department, or what the real adjuster’s rules are, or how insurance companies find such “shady” individuals to be adjusters, or that obscure case siting that supports your unusual accident scenario or . . . or. . . . or. . . . you get the idea, right? This book is comprehensive from beginning to end and covers more than the average person would ever want to know about automobile claims, automobile insurance, automobile adjusting, and everything related to those subjects. . .I assure you that after you read it, you will want it by your side if you ever have to deal with an automobile claim. From how to negotiate with the “hardnosed” adjuster, to insider tactics that claims executives would never tell you. It’s almost like I’m that guy in the black mask revealing all the “secrets” behind the best magic tricks around.
Auto Accidents – An Insider’s Commentary is coming soon! It will only be available for purchase directly from Petty Details, LLC. Watch for the release before the end of 2009! ! It’s going to generate a lot of talk in adjuster’s circles, and I’ll probably never be able to get a job as an adjuster with an insurance company again!
Written by Justin Petty (the rugged, intelligent adjuster, ha!)
If I had a nickel . . . .
Okay, so you have run into a brick wall and can’t get justice served, right? If you live in Texas, if justice means recovering money from somebody or company that owes you $10000.00 or less, then you can probably force the issue to a head by doing a little research on the Small Claims court rules. They are located in the Texas Government Code, Chapter 28. The rules of battle are clear and simple enough for most to understand with just a little research.
Here are some general tips:
In deciding to try and help auto accident victims I seem to have created some enemies, hehe. Oh well. I will continue to give honest and straightforward answers to the questions that accident victims have. Recently I have had quite a few questions that relate to how to calculate how much a minor injury claim is worth. In response to the numerous questions, I wrote an e-book which is available for purchase by clicking on the title of this posting. I will also answer questions for free if you e-mail me or call me, but if you want it in writing to refer to when I am not personally available, you’ll have to make a very small investment. Although I won’t give away all of my secrets here on the blog, I will offer some free tidbits and general information that will compliment the e-book.