Legal Question in Personal Injury in Texas

Moms Car Wreck

My mother was rear ended on 9/13/07. Her car was totaled and the insurance paid off 10,000 of the note but she is still upside on the note. She has been off work since the accident. The chiropractor she is going to got her in touch with the attorney working with his office. Would she be able to sue for the balance left on the note, lost wages, pain and suffering including medical?

Asked on 10/22/07, 10:50 pm

2 Answers from Attorneys

David Leon David L. Leon, P.C.

Re: Moms Car Wreck

You need to see if you have GAP insurance (which covers the difference between book value and the loan value of a car.) If so, that will cover you. To answer the question, most likely, when she accepted the settlement on the property damage check, she released that part of the claim. If your mother is unclear on the process, then she needs to have a sit down with the attorney to get her questions answered to her satisfaction.

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Answered on 10/23/07, 12:25 am
Roger Merrill Merrill & Associates

Re: Moms Car Wreck

Basically, she can only recover the value of the damage to her vehicle, not the amount owed in excess of the value. She can claim the rest of the damages you listed.

If she has not yet selected an attorney, please have her contact me.

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Answered on 10/23/07, 10:31 am


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