Legal Question in Insurance Law in Texas

I am in Texas. A few months ago I was rear ended and subsequently thrown into the vehicle in front of me. My vehicle (Ford F-150) received frame damage both front and rear. The at-fault driver's insurance has paid for repairs to my vehicle. We have not settled any other aspect of the loss (medical, lost wages, etc.). Since the insurance company has paid for the repairs, can we still try to collect for diminished value? Thanks, Pat, Texas


Asked on 3/29/10, 10:04 am

1 Answer from Attorneys

Dan Street Street Law Firm

You'll be thrilled to learn that our all-Republican Supreme Court in Austin has eliminated "diminished value" in Texas (repealing laws that protected our citizens for over 75 years). Our Supreme Court (consisting of 9 Republicans and no Democrats or Independents) was found in a recent study to have sided with insurance companies 93% of the time. These "Justices" have slowly and systematically chipped away at the rights of our citizens and have replaced those rights with more and more ways for insurance companies and big business to add to the billions in profits they already make. The next time you hear Rick Perry or one of the other Republican lawmakers bragging about all they've done for Texas, ask yourself who in Texas has really benefited from what they've done: insurance companies and big business--or you and all the other "little guys" in our state. Until we change things radically in Austin--and it's going to take a complete "house cleaning"--your rights (and your ability to collect reasonable compensation when someone, through their negligence, has injured or damaged you) are going to continue to be eroded, one at a time, while the Wal-Marts and the Allstates continue to make billions--at your expense.

One more point: Don't listen to the endless advertisements by insurance companies, who talk ONLY about price. (The cost of the premiums doesn't matter nearly as much as whether they will PAY BENEFITS when you need them to.) For a complete analysis of which insurance companies are "best" and which are "worst," see my articles on the Internet, or go to my web site (www.srfirm.com) and learn the truth about insurance companies. Good luck to you in your claim.

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Answered on 4/03/10, 1:16 pm


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