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Diminished Value Claim in Texas

Likely against the at-fault driver's insurer, per the Texas Department of Insurance, but not from your own policy, and only within two years.

File a claim with the other driver's insurer
Likely, not settled
File a claim on your own policy
No, courts ruled
Time limit to sue for car damage
2 years
Your share of the blame
Modified comparative, 51% bar
Minimum coverage for property damage
$25,000

A diminished value claim in Texas leans on a state insurance bulletin more than on court rulings. The Texas Department of Insurance has said what insurers may owe. Texas judges have said much less.

The Message in Bulletin B-0027-00

In Bulletin B-0027-00, the department told liability insurers they may have to pay a third party for any loss of market value. That holds regardless of how complete the repair is. So if another driver hit you, ask that driver's insurer for the lost value along with the repair bill.

The bulletin is guidance, not a court win. A national survey by Matthiesen, Wickert & Lehrer found no Texas case that clearly grants it. No court has plainly awarded lost value on top of repairs against the other driver. Expect the adjuster to resist. Back your number with a diminished value appraisal.

Your Own Collision Coverage Stops at Repairs

The Texas Supreme Court settled this point in American Manufacturers Mutual v. In 2003, Schaefer. It held that a drop in value from harm a shop cannot fix is not part of the cost of repair. The bulletin agrees. An insurer does not owe its own customer lost value once the car is completely repaired.

One door stays open. Suppose the other driver carried no insurance or not enough. Your uninsured or underinsured motorist coverage may then owe the lost market value, the bulletin says.

Over Half the Blame and a Two-Year Clock

Texas compares fault under Section 33.001 of the Civil Practice and Remedies Code. Once your share of responsibility passes 50 percent, you recover nothing. At 50 percent or less, the award drops by your percentage.

Time matters just as much. Section 16.003 sets the limit for harm to the property of another. You must sue within two years after the claim accrues. Settlement talks do not extend that date, so mark it early.

Coverage Floors, Small Claims and Complaints

Texas drivers must carry at least $25,000 of coverage for property damage. That one limit pays for the repair and the lost value together. If your loss runs higher, the rest has to come from the driver.

A person can sue for up to $20,000 in a Texas small claims case, which covers most lost value disputes. If an insurer ignores your claim or will not explain its offer, file with the Texas Department of Insurance. To compare Texas with a neighbor, see the Oklahoma rules.

Get your Texas number with the Texas diminished value calculator, or compare Texas with every other state.

Had a crash in Texas? Talk to someone who handles diminished value claims there.

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