Legal Question in Personal Injury in Texas

What to do about auto accident

I had an auto accident, a electrical power company truck ran a red light. My car was hit in the left front and caused 8-10 k dollars of damage. There was a witness, and a ticket was given to the other driver for running a red light. I was not hurt bad , but my neck is tight and gets tired throughout the day. My main concern is the car, it is a 2002 Chrysler 300m 20,000 miles and was in excellent condition. Now I am concerned that it will never be the same, and trying to trade it in will be a loss. It has been in the body shop for 7 weeks, and still is not right. I have had a rental from the insurance for this time. I guess my question is, is there any thing that I can do to try and recover my losses from this accident that was not my falt.


Asked on 6/08/04, 12:37 pm

2 Answers from Attorneys
David Leon David L. Leon, P.C.

Re: What to do about auto accident

Yes. The other driver's insurance should cover the losses. The car may be a total loss. Additionally, if you're still having pain, you should seek medical advice. I strongly recommend your hiring a lawyer to assist you with this.

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Answered on 6/08/04, 12:52 pm
Dan Street Street Law Firm

Re: What to do about auto accident

Unfortunately, our all-Republican appellate courts have eliminated "diminution of value" damages in Texas. This means that you can no longer claim or collect damages for the loss of value that your automobile has suffered in a crash. You are entitled only to collect its fair market value or cost of repairs, whichever is lower. In practical terms, this means that, once your car is released from the shop and the repair bill is paid, you have no further recourse concerning your vehicle. However, since you were hurt in the accident, you should hire an attorney immediately to help you maximize your bodily-injury settlement. In this way, you will be able to make up for some of the loss you have suffered on the property damage claim.

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Answered on 6/08/04, 1:34 pm


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