I live in the state of TX. My car was totaled by another driver. The value of my car is $15K but I owe $19K. Can I sue the driver's insurance company to get the $4K difference. If yes, what actions should I take?
2 Answers from Attorneys
No, the amount owed is not relevant when determining how much to pay for the total loss damages.
Based on what you have written, property damage is not determined by the amount owed on a vehicle. Property damages and personal injury damages are two different matters when dealing with an auto accident.