Quote:
The court further acknowledged that Schaeffer's repaired vehicle may sell for less money than would a similar vehicle that was never damaged, and that awarding Schaeffer diminished value in addition to the repair would go further to make him whole, but "the court may neither rewrite the parties' contract nor add to its language."
As I read this, the court is stating that 1) they agree that it would help make someone whole, but 2) their hands are tied due to the standard contract language found in Texas insurance policies. When going after someone who hit you, it seems to be reasonable to expect to be made whole, the courts have agreed that DV payment better makes one whole, and there is no contract between you and the person who hit you to exclude DV. It sounds to me like with an expert evaluation of the car's before and after value in hand, you could take the individual to small claims court. IIRC, the insurance company would then be required to defend the person in small claims court. From my experience, Insurance companies would much rather send you a $1500 check then deal with court, so simply filing your court paperwork might be all it would take. YMMV.
