Legal Question in Insurance Law in Texas

Alittle over a year ago I purchased a 2009 Ford Focus. My son was driving and was hit and the driver didn't stop. My car was totaled and my insurance paid what they thought the car was worth and then I had taken out gap insurance when I purchased the car so they paid the remainder of the balance due on the car. In june of this year I bought a 2010 Ford Focus and a week ago I guy didn't stop on in traffic on the freeway and hit me from behind cause me to go into a retaining wall. My car was totaled. I have only made one payment on the car and I still owe 19,374 on the car and the kid that hit me, his insurance says they only owe me 15,765 for the car. Do I have any legal rights to get them to pay the whole thing. I did take out gap insurance again but I don't know if they will cover another car and if they do will I be able to get it again on another car. Do you know if I have any rights in this matter at all.


Asked on 8/19/10, 8:23 pm

1 Answer from Attorneys

The insurance company is only liable for the actual value of your car. If you're upside down, that's not their problem. If the offer is less than the book value of the car, then you can sue the opposing driver (you can't sue the insurance company directly in Texas.)

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Answered on 8/24/10, 10:30 pm


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