If I was rear-ended by semi truck, what are my rights regarding diminished value?

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If I was rear-ended by semi truck, what are my rights regarding diminished value?

No injuries and damage looks to be minor on my car (bumper damage). I have already started a claim with the insurance (semi tuck driver insurance). I have been told by the insurance company that I have to cover the fee for a professional appraiser if I what to claim diminished value. Is this true? Also, from the rental car company they sent me with, I asked for a car similar to mine. Nevertheless, they told me that they do not have luxury cars similar to mine. Should I just take what they give me or do I have the right to insist? Besides the repair and diminished value, anything else I should be aware of?

Asked on August 10, 2015 under Accident Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are going to make certain claims, then you are required to prove those claims... however, that proof doesn't necessarily have to be paid for.  Contact your insurance company and see if they can/will assist you with the claim.  If you have a good insurance company, they will help guide you through the process, incuding assisting you with an appraisal. 

With regard to rental car.... they are only required to provide you wiht a rental car... not necessary the car that you had before because this is just a temporary fix. 

Never rely on the other side for all of your information.  Their job is to look out for their client and their shareholders.  You don't have to have representation through the process... but you may have some help through your insurance company.  If your insurance company is not helpful, at least review the offer by the other insurance company with a personal injury/car wreck attorney.... to make sure that you are getting a good deal and to insure that you aren't waiving any potential claims.  The main one you need to be concerned about is the waiver of any personal injury claims.  Right now it looks like there will not be one... but you don't want to waive it in the off chance that an injury simply hasn't manifested itself yet.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you are going to make certain claims, then you are required to prove those claims... however, that proof doesn't necessarily have to be paid for.  Contact your insurance company and see if they can/will assist you with the claim.  If you have a good insurance company, they will help guide you through the process, incuding assisting you with an appraisal. 

With regard to rental car.... they are only required to provide you wiht a rental car... not necessary the car that you had before because this is just a temporary fix. 

Never rely on the other side for all of your information.  Their job is to look out for their client and their shareholders.  You don't have to have representation through the process... but you may have some help through your insurance company.  If your insurance company is not helpful, at least review the offer by the other insurance company with a personal injury/car wreck attorney.... to make sure that you are getting a good deal and to insure that you aren't waiving any potential claims.  The main one you need to be concerned about is the waiver of any personal injury claims.  Right now it looks like there will not be one... but you don't want to waive it in the off chance that an injury simply hasn't manifested itself yet.


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