Travis County, TX Auto Accident. Not at fault. Car Totalled. ACV vs Repalcment Value?

Car was T-boned by another driver in auto accident. My auto was 2002 Nissan Maxima still owe 11500 on Lien. Insurer’s company offering 5200? I am severely upside down and not at fault. I had no insurance at time and was ticketed. They used KBB. There were no one selling “like” vehicle in my area, Travis County, TX and they did not use price used by dealers that sold same car in my area. What can I do? Wouldn’t have this hardship if insurered had yielded right of way.

Asked on June 15, 2009 under Accident Law, Texas


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I'm not a Texas auto accident lawyer and I don't have all the facts, including how much above the $5200 you'd have to go to get a similar Maxima in your area.  That difference is what's at stake, here, and what you still owe on the loan isn't the insurance company's problem.  If it were your own insurance, it wouldn't be any different, so this isn't really about the other driver, either.

You need to talk to an attorney near you in Travis County for advice you can rely on based on all of the facts.  One place to find a Texas lawyer is our website,

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