my car was totaled in a accident in Texas other driver at fault

UPDATED: Jul 6, 2009

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my car was totaled in a accident in Texas other driver at fault

car was totaled yet what i owe on the loan of the car is more then the other drivers insurance wants to pay plus they want my car what are the laws in Texas on this? and am i entitled to be back to where i was before the accident

Asked on July 6, 2009 under Accident Law, Texas


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT and practice in this area of the law.  The at fault driver is required to pay for the damages.  Generally, the amount of the loan balance on the car is not the measuring point, rather it is the value of the car at the time of the accident.  As such, you will and should be able to get the car's blue book value and you can use that money to repay down the loan.  I also suggest that you seek pain and suffering if you were injured to obtain more money in the settlement of this matter.  I also suggest that you contact a lawyer to help you with this.  Most laywers in this area work on a contingency fee basis where they only get paid if you do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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