Legal Question in Insurance Law in Texas

Lady ran a stop sign and hit our truck. To replace our 03 dodge that had 230,000 miles on it with something similar we looked all over and it will cost us close to $9000. Her insurace company also sees that and on there sheet of trucks in our areal they all said around $8000 and the insurance deducts $3000 off each one and says there offer is $5400. So there client is 100%at fault and hits us and takes our paid I'm full vehicle from us and then doesnt even have to replace what she took from us? That first seem right. Then they are saying they will stop paying for our rent a car as of today when they haven't even sent us money to replace it yet. Can we do anything legally?


Asked on 6/26/13, 6:09 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Unfortunately you are not entitled to replacement value but actual value of the vehicle you lost. And, once they make you an offer they feel is right, they have the right to stop the rental car. You do not get to keep the rental while you mull over the decisions for a few weeks.

If you are going to accept the offer, you can pick up the check before you drop off the rental car.

You can also hire a lawyer to review everything but given the number of miles on your car, it is going to be tough to get a lot of money.....

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Answered on 6/27/13, 3:11 pm


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