Galveston Jury Awards $5,250 in Diminution in Value Claim

On March 26, 2014, a 2008 Chevrolet Corvette, owned by the plaintiff, was rear-ended in Galveston by a hit-and-run driver. The vehicle sustained major rear-end and frame damage, having been in excellent condition. The plaintiff filed a property damage claim with the uninsured motorist carrier, Government Employees Insurance Co. The insurer paid for $10,670.41 in repairs but denied the plaintiff's claim for diminution in value, prompting a lawsuit for breach of the insurance policy.

The insurer conceded liability for any proven diminution in value but disputed that such a loss had occurred. The plaintiff's expert testified the vehicle's market value diminished by $7,506, based on a dealership quote compared to prices of similar accident-free vehicles. The defense argued market value was unchanged due to new parts used in repairs. It also challenged the credibility of the plaintiff and the expert, citing inconsistent testimony, biased methodology, and the use of distant market comparison prices. The defense further contended the plaintiff never attempted to sell the vehicle, claiming this was the only way to confirm value loss.

Following a two-day trial, a Galveston jury unanimously awarded the plaintiff $5,250.