Texas
Diminished Value Overview
In Texas, a vehicle involved in a not at fault accident may lose market value even after repairs are completed. When another driver is responsible for the accident, Texas law allows you to pursue compensation for that loss in value from the at fault driver’s insurance company as part of your property damage claim. Texas recognizes diminished value claims when the loss is properly documented and presented.
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01
Statute of Limitations
Texas allows two years from the date of the accident to pursue a diminished value claim.
02
Third-Party Claims
Diminished value is recoverable when another driver is at fault, and you can file against the at-fault party’s insurance.
03
First-Party and Uninsured Motorist
Most first party policies in Texas exclude diminished value, but uninsured motorist property damage (UMPD) coverage may apply if you carry it.
04
Small Claims Court Limit
Texas small claims court allows cases up to $20,000.
Texas Diminished Value Law
Texas courts recognize that a vehicle does not automatically return to its original market value simply because it has been repaired. When a vehicle is damaged due to another party’s negligence and repairs do not fully restore its pre loss value, the remaining loss in market value may be recovered as part of a third party property damage claim.
Pasadena State Bank v. Isaac, 228 S.W.2d 127 (Tex. Civ. App. 1950)
Texas courts have reaffirmed that the purpose of compensatory damages is to place the injured party in the position they would have occupied had the injury not occurred. When repairs alone fail to accomplish that result, damages must account for the remaining economic loss, including any proven reduction in market value caused by the injury.
Exxon Corp. v. Middleton, 613 S.W.2d 240 (Tex. 1981)
The Texas Supreme Court defined “market value” as the price the property would bring when offered for sale by a willing seller who is not obligated to sell and purchased by a willing buyer who is not obligated to buy. This definition governs how loss in value is measured in Texas property damage cases and provides the framework for evaluating diminished value following a collision.
Central Freight Lines, Inc. v. Naztec, Inc., 790 S.W.2d 733 (Tex. App. El Paso 1990)
The Texas Court of Appeals held that the proper measure of damages to personal property is not limited to the cost of repairs when those repairs fail to restore the property to its former condition and value. Where a loss in market value remains after repairs, recovery of that diminished value is permitted in addition to repair costs, so long as the total recovery does not exceed the property’s value before the loss.