Legal Question in Civil Litigation in Texas

compensation for loss due to auto accident

I was involved in a auto accident that was not my fault. My car has been totaled,and the insurance will not pay the balance of the loan on my car, and I will in the end still be left without a car. Is there any legal avenue I can pursue to help in this situation?


Asked on 9/22/03, 4:17 pm

1 Answer from Attorneys
Erin Corley Fibich, Hampton, Leebron & Garth, L.L.P.

Re: compensation for loss due to auto accident

Unfortunately, when the insurance co declares your vehicle a total loss you get the fair market value of your vehicle before it was totaled. The measurement is not based on the amount of the outstanding loan. The best thing that you can do is research blue book and others for the best estimate you can find and argue to get at least that amount. You also want to demand any rental car expense you may have and the cost of alternative transportation. That may help get you a higher amount.

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Answered on 9/22/03, 4:21 pm


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