Legal Question in Personal Injury in Texas
I have a repairable vehicle that the insurance company for the person that hit me is only willing to pay half of the repair value and total the car. Can I file a suit against the other driver for the difference to get my car repaired. Also, their evaluation is about half of the Kelley blue book value. So I have to take their settlement offer without recourse ?
1 Answer from Attorneys
Basically, you cannot get more than the car's market value. So, if the repair value exceeds the market value, as in your case, you cannot force the other driver or his insurance company to pay you more than market value.
If the insurance company is low-balling you on its offer, you can sue for fair market value. It may be too expensive to hire an attorney, so you might want to consider filing in JP Court if your total damages do not exceed $10,000.
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