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.
SETTLING THE CLAIM
Provided by the Texas Department of Insurancehttp://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.