ahawes

We bought a new Acadia, less than 3k miles into it and some lady pulled out directly in front of my wife while she was driving 50mph, lady just didn't see her apparently. Wife T-boned her pretty hard, deployed an airbag. With the car being so new it was not totaled, $20k to repair. Other lady was at fault. Car is "done" now but there are some things that just don't sit right with me, a few things that aren't quite perfect and likely never will be again. This paired with the inevitable diminished value due to the airbag deployment etc. has me wondering if anyone has ever successfully filed and been compensated for a diminished value claim with insurance? We have filed one with her insurance but they are dragging their feet and I am about out of patience with it all, do we have any kind of recourse if they continue to drag their feet?

imma_stocker

iTrader: (19)

http://www.tdi.texas.gov/

Never tried the diminished value route. But these are the folks you are looking for.

HoustonSS

iTrader: (1)

I'm going through this very issue with my daily, after the flooding that we had in Houston. I brought this issue up to State Farm, and they basically said "not in Texas". They basically told me I was **** out of luck, because diminished value, or depreciation due to a loss/event is not something that they reimburse for. Needless to say, I've not been pleased, and since I was already planning on shopping insurances, will be doing so sooner than I had planned.

That may be why your insurance is dragging their feet on your claim.

ahawes

The claim was filed through her insurance as opposed to ours due to her being at fault. He insurance told us they would be sending someone to inspect the car but it just hasn't ever happened. I've never come across anything that said there isn't any diminished value claims in TX, I'll have to look into that some more.

ahawes

Did some quick googling. Looks like if you are involved in a wreck that you are not deemed to be at fault for Texas law allows you to file a claim for diminished value and you do have the option of going to small claims court for up to $10k. Statute of limitations on it is 2yrs so I won't let them drag their feet that long.

ggriffin59

iTrader: (7)

The key difference here is that the flooded car is insured by you, with an insurance contract. The OP has no contract with the liable party, and is not limited to policy language settlement issues. I don't know how TX case law addresses diminished value, but it can be considered in a liability claim. Good luck, OP!

SSHAWK

iTrader: (14)

I got 10% of my value on my First car and 15% back on my Second car... Two different insurance companies. I just had to keep going back to them proving my car was not worth what it would have been if it wasn't totaled. My point to him was it does make a difference if the car has been wrecked before or Carfax wouldn't post up about wrecks on the reports to tell people it's been in wrecked. Same thing at auctions when you try to sell it people want to know that information. I hope this helps... I know my first guy wanted me to take it to a dealership and have them tell me what it would be worth if they bought it. I thought that was pretty stupid because they would never give me the right amount for my car. Second time I just got the 15% I didn't have to deal with the BS.