Getting in contact with insurance companies to file any claim can be a nightmare. Figuring out the right number to call to file a claim can be a challenge. Especially when the policy comes from a small insurance broker who sells policies issued by an entirely different insurer.
By the time you reach somebody who can work your claim you may have talked to many people. You may not really have an idea who you are talking to. When you try to file a diminished value claim (discussed in this four part series in earlier blog posts one, two, three and four) with these smaller companies your first attempt to address your diminished value claim may represent the first time the claims representative works this type of claim. Diminished value claims are not common although Texas law permits recovery for diminished value.
To obtain value for your diminished value claim in these situations, you may have little choice but to file suit in a Texas court and force the insurance company to hire counsel to educate them on the nature of diminished value claims. However, before filing suit it is generally worth your time to attempt informal settlement of the claim.