If I was in a fender bender and received a check for my auto damages, what are my rights regarding filing a diminished value claim?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was in a fender bender and received a check for my auto damages, what are my rights regarding filing a diminished value claim?

I am trying to file a diminished value claim but am being told that because I signed over the check to the body shop, I signed a full release. Is this true?

Asked on January 26, 2015 under Accident Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since you accepted the property damage settlement, you can't go back to the insurance company and ask for additional funds for diminished value.  In order to receive the settlement, you had to sign a release of your property damage claim. A release means giving up your property damage claim in return for receiving the settlement check.  If you had rejected the property damage settlement offer, then you could have pursued your claim for additional compensation for diminished value.

If you were injured in the accident, your personal injury claim is separate from your property damage claim.  Therefore, signing the release and settling the property damage claim has no effect on pursuing a personal injury claim.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption