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?
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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 9 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.
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