If you’ve been in a car accident in Texas and your vehicle has lost value, even after repairs, you may be eligible to file a diminished value claim. This type of claim helps you seek compensation for the drop in your vehicle’s market value, which can occur due to underlying or cosmetic damage that isn’t fully resolved by repairs. Whether your car is totaled or simply repaired, the responsible party’s insurance should cover the loss in value.

Using a modified comparative fault system, each party’s level of fault is evaluated, and compensation is adjusted based on their share of responsibility in Texas. Working with The Law Firm of Chaile Allen can help ensure your claim is handled with the highest degree of care so fault is properly assessed and you recover the full value you’re entitled to.

What Is a Diminished Value Claim? 

A diminished value claim enables you to seek compensation for the decreased market value of your vehicle following an accident. In Texas, if your vehicle is damaged due to someone else’s negligence, you can pursue this type of claim.

Despite a vehicle being restored to its pre-accident condition by mechanics and body shops, it often suffers from hidden damages and problems that aren’t immediately apparent, leading to a reduction in its overall value.

Whether your vehicle is completely totaled or can be repaired, the responsible party’s insurance should cover the diminished value. Additionally, if your car cannot be used anymore, the claim should cover the total pre-accident value of the vehicle. If repairable, it should cover the cost of returning the car to its original state.

Given the complexities involved in filing such claims, it’s advisable to work with attorney Chaile Allen, who can protect your rights and help you recover the rightful value of your vehicle.

Overview of Texas’ Modified Comparative Fault System 

In Texas, the modified comparative fault system determines which party is responsible for covering damages after an accident by identifying who was at fault. In this system, each party’s level of responsibility is evaluated, and their liability is determined accordingly.

In a pure comparative fault system, even if a party is mostly responsible for an accident, they can still recover some compensation based on the other party’s share of the blame. For example, if Party A is 95% at fault, they can still claim 5% of their damages from Party B. In most cases, the at-fault driver’s insurance will compensate the other party for damages unless a lawsuit is required to resolve the issue. However, Texas law does not operate under a pure comparative fault system. 

In Texas, if a party is more than 50% responsible for the accident, they are not entitled to any compensation from the other party. This modified comparative fault system prevents someone who is mostly at fault from recovering damages.

Filing a Diminished Value Claim in Texas 

There are three types of diminished value claims, and the type you file depends on your situation:

1. Inherent diminished value: The loss in your vehicle’s market value simply because it was involved in a collision, even after it has been fully repaired.
2. Immediate diminished value: When your vehicle’s resale value drops right after an accident before any repairs are made.
3. Repair-related diminished value: When your vehicle loses value due to poor-quality repairs, substandard replacement parts, or remaining unrepaired damage.

Chaile Allen will handle your Texas car accident claim, including investigating the incident, gathering necessary evidence, and communicating with insurance entities to negotiate the compensation you deserve.   

Why Choose The Law Firm of Chaile Allen for Your Diminished Value Claim?

Navigating the complexities of a diminished value claim can feel overwhelming, but we are here to help. At The Law Firm of Chaile Allen, we understand Texas’s modified comparative fault system and how to effectively present your claim. With over 15 years of legal experience in Texas, Chaile’s deep local knowledge allows her to stand by her clients with a personalized approach.

Our firm’s local roots and dedication to community service distinguish us from larger, non-local firms. Chaile Allen prioritizes your interests by ensuring you receive the compensation your vehicle deserves. Whether dealing with the responsible party’s insurance or your own, she can help you gather the necessary documentation and file a compelling claim. Contact us today at (325) 670-9282 or visit our contact form to schedule a consultation.