Does a vehicle have an age limit of which you can claim diminished value?

[adjusterjack]

An "injury" is that which causes pain and/or damage to any part of your body. It should go without saying that the amount of money an injury is worth is commensurate with the severity of the injury. Aches and pains that dissipate in a few days and require no treatment are compensable but only worth a hundred or two in "go away" money.

In your case your injury resulted in seeking treatment which raises the ante depending on how long recovery takes and how much treatment you require. Putting a dollar amount on that is complicated so I won't go into it here.

If your health insurance pays for it, you include those payments (and your co-pays) in computing your damages because your health insurance is likely to have a reimbursement requirement. You can get those figures from your EOBs (explanations of beneifits).

That you have prior back problems may not be an issue. Read about "eggshell plaintiff" in the following search results.

texas eggshell plaintiff at DuckDuckGo

It never hurts to consult an attorney and review your options. But there's no hurry to actually hire one since you won't be talking money with the other driver's insurance company until you are fully recovered. You have 2 years to file a lawsuit if one becomes necessary.

It's up to you to decide.

 

[zddoodah]

Prior to the accident my vehicle was worth about $29k (with the inflated market accounted for as well). After the accident I'm getting estimates of about $21-22k which is a significant loss.

Are you looking to sell the car? Where are you getting these estimates and why?

I contacted the at-fault parties insurance company and they told me the vehicle has to be 3 years old or newer to submit a claim and I didn't see anything like that in the Texas law.

Was this an adjuster who told you this? When you told the adjuster that you saw nothing like that in Texas law, how did he/she respond?

does this sound like the insurance company trying to get out of paying?

Sure it does, but that doesn't mean anything legally. If the insured has no legal liability for diminished value (as the information at the link provided by "adjusterjack" indicates), then the insurer should "try[] to get out of paying."

do you think it is worth it for me to pursue a diminished value case or should I let it go?

Did you read the information at the link provided by "adjusterjack"? If so, then you shouldn't need to ask this question.

How much would I likely spend on litigation and that money is irrecoverable (comes out of the settlement) right?

Because of the state of Texas law (as reflected at the link "adjusterjack" provided), I imagine you will have a tough time finding an attorney to take your case. I suspect you'll spend at least $5,000 before your case is dismissed, and no, that money won't be recoverable from anyone.

Also if I do not like their settlement offer, could I submit the claim through my own policy and pay my deductible? The deductible would be recovered right?

You can submit the claim to your own insurer under your collision coverage, but you should read your policy. I'm confident that you'll find that it doesn't cover "diminished value."