my car was totaled in a accident in Texas other driver at fault

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my car was totaled in a accident in Texas other driver at fault

car was totaled yet what i owe on the loan of the car is more then the other drivers insurance wants to pay plus they want my car what are the laws in Texas on this? and am i entitled to be back to where i was before the accident

Asked on July 6, 2009 under Accident Law, Texas

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  The at fault driver is required to pay for the damages.  Generally, the amount of the loan balance on the car is not the measuring point, rather it is the value of the car at the time of the accident.  As such, you will and should be able to get the car's blue book value and you can use that money to repay down the loan.  I also suggest that you seek pain and suffering if you were injured to obtain more money in the settlement of this matter.  I also suggest that you contact a lawyer to help you with this.  Most laywers in this area work on a contingency fee basis where they only get paid if you do.


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