If I was in a car accident and my vehicle was a total loss, can I get all of the money paid on it for a year plus the down payment?

Is it possible to do a small claims for this?

Asked on March 16, 2014 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, unfortunately, you can't get that amount. All you are entitled to is the value of the car as of the moment it was totaled--that is, the "Blue Book" value of a car of that age, condition, make, mileage, etc. That is, due to depreciation, almost always less than you have paid to date--though if in this case it actually is more than you've paid, you'd potentially have a windfall.

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