State Laws Related to Diminished Value

Information About Your State's Auto Insurance Rules

States have their own unique laws concerning auto insurance claims for Diminished Value.

State Government Resources
Directory of State Insurance Agencies

A statute of limitations requires a claim to be settled or lawsuit initiated within a certain time period. Please Use the list below to determine how long the Statute of Limitations for your Diminished Value claim is in your state:

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In the state of Washington, if you are in a wreck and the accident was not your fault you are entitled to file a claim for Diminished Value. The following cases are pertinent to the State of Washington and Diminished Value:

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In the state of Texas, if you are in a wreck and the accident was not your fault you are entitled to file a claim for Diminished Value. The statue of limitations on filing a Diminished Value claim in Texas is two years from the date of loss. In order to recover the losses you must have a diminished value appraisal completed by a professional automobile appraisal company, such as Autoloss.com. Also, if the other party does not have insurance and you carry uninsured/ underinsured motorist coverage you may be able to claim diminished value under your policy. . . You can also file a claim in small claims court in Texas for as much as $10,000. Autoloss.com can help the Texas consumer in many ways. We also have local Texas appraisers standing by to complete an inspection on your vehicle as well. Call 877-655-1661 so Autoloss.com can help you recover your losses today.

Resources

SETTLING THE CLAIM

Provided by the Texas Department of Insurance
http://www.tdi.state.tx.us/pubs/consumer/cb020.html

The other driver's insurance company may ask you to sign a release to settle your claim and forgo future claims related to the accident. Don't sign a release until you are satisfied with the total settlement. Get a letter from your doctor estimating the cost and length of your future medical treatment. You might want to consult an attorney before accepting a settlement. Under Texas law, you have two years after an accident to either settle your claim or file a lawsuit.

Texas law prohibits insurance companies from delaying payment of a claim in order to pressure you to sign a release. If you believe an insurance company is delaying payment to pressure you, file a complaint with TDI.

If the other driver denies fault, his or her insurance company may refuse to pay the claim. Independent witnesses could make a difference in getting the company to pay. It's important to get names, addresses, and telephone numbers of any witnesses to the accident. Make sure the insurance company knows about the witnesses. If the company continues to refuse to pay the claim, you can file a claim against your own insurance or you may have to go to court to resolve the issue.

Before filing a claim with your company, ask your agent or your company's underwriting department how a claim might affect your rates on renewal. A company cannot refuse to renew your policy solely because you had one accident in a 12-month period that was not your fault. However, if the accident affected your DPS driving record, your company may consider it in determining your rates, whether you filed a claim for the accident or not.

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In the state of Oregon, if you are in a wreck and the accident was not your fault you are entitled to file a claim for Diminished Value. The following cases are pertinent to the State of Oregon and Diminished Value:

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Recently, North Carolina has mandated that automobile appraisers become licensed to complete Diminished Value and Total Loss Appraisals. Autoloss.com became licensed to complete Diminished Value and Total Loss appraisals in 2008 in North Carolina.

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In the state of Florida, if you are in a wreck and the accident was not your fault you are entitled to file a claim for Diminished Value.

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It is universally accepted that in every state Diminished Value is owed to the claimant by the at fault party. In Georgia, North Carolina, and Kansas the insurance companies owe Diminished Value to their policyholders as well. This is great news for consumers in all three states.

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Terry M. Fisher, Owner, Autoloss.com
Terry M. Fisher
Licensed Vehicle Appraiser #V26-102

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