Diminished Value Resulting from a Dallas-Fort Worth Car Accident
Property damage is inevitable in all kinds of traffic accidents, whether a minor fender bender or a more serious multi-vehicle collision which also results in personal injuries. Usually, the process of making a property damage claim against the negligent motorist’s insurance policy is straightforward. However, sometimes the situation can become more complex, particularly when it comes to the inherent diminished value your vehicle suffers simply as a result of it being involved in a crash. Diminished value can occur to your car, pickup truck or motorcycle under a number of circumstances. Common examples include repair-related diminished value, where work done by the repair shop was flawed (e.g. color match problems) or claim related diminished value (where an insurance company refused to pay for all necessary repairs). If your car has been involved in any kind of traffic accident, however, you are likely to encounter what is called inherent diminished value. This refers to the actual retail cash value which your car has lost simply as a matter of being involved in a wreck and having sustained damages. The reason for this is that any potential buyer is inevitably going to consider your car of lesser value than a comparable vehicle, since they are aware that your vehicle has previously been involved in a collision – even if your car displays no obvious damages.
In order to determine the amount of inherent diminished value in your case, you can subtract the value of your vehicle after all repairs are completed from the total value of the vehicle before the crash occurred. Generally, if the car was worth more than $10,000 before the collision and the cost of the repairs was greater than $4,000 you have a potential case for a diminished value claim. Remember, however, that the statute of limitations in Texas (the deadline by which you must make a claim) is two years from the date of the accident, just as with personal injury claims. You can still make a diminished value claim even in situations where the negligent at-fault driver is not insured, provided that you carry uninsured motorist coverage. A good lawyer will be able to help you identify any existing insurance which you can make a claim against. If your car is a lease, you should consult with your lease company to discuss the matter with them. In some cases they will pursue a diminished value case on your behalf, but in most cases it will be up to you to do so. For more information on making a property damage claim without the aid of a lawyer, I would like to offer you a complimentary copy of my book Texas Property Damage Guide. If you or a loved one was injured in your crash, you may also request a copy of my book 15 Mistakes That Will Wreck Your Texas Accident Case. To speak to an attorney regarding your personal injury or wrongful death claim, please call the Anderson Law Firm toll free at 800-354-6275 or locally in Fort Worth at 817-294-1900 or in Dallas at 214-327-8000. Consultations are completely free and there is no obligation. Other Articles You Might Be Interested In: Free Tarrant County Crash Reports When Life Spins Out Of Control: Important Steps After A Car Accident How is fault determined in Texas rear-end collisions? What To Do If You’ve Received a Bill From Emergency Services Following Your Auto Accident Don’t Sign a Release to the Insurance Company
The Anderson Law Firm offers free no obligation consultations to people injured in accidents or who have suffered physical harm as a result of someone else's actions. We do not charge you to initially discuss your situation and establish whether you have a claim to pursue. You can call us and discuss your case over the phone, we can set up an appointment for you to come into our office, or we can visit you in your home anywhere in the metroplex.
If after meeting with us you decide that we are the best personal injury lawyer for you, then we will enter into a contingent fee agreement. This means that we only get paid when we win a settlement or jury verdict in your favor. You don't pay us anything up front. We will cover all expenses spent working on your case. Only when we win for you will you need to pay us. If we don't win, then you owe us nothing.
Contact us online nowor call us 24 hours a day toll free on 1-800-354-MARK (1-800-345-6-275). You can also call us locally in Fort Worth on 817-294-1900 or in Dallas on 214-327-8000.
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