Legal Question in Personal Injury in Texas

if i was in a wreck not my fault and their insurance claimed full responsability to the accident can i sue them for the difference of my gap insureance that was denied due to postponing payments due to life unforseen struggles.... gap told me i was denied and would only get the remaing balance of from the date of accident at $126 from the total policy as null void but owe $2300 difference what the insurance paid as a total loss. im my eyes i see it as i would still be in the situation had i not been hit in a head on collision and still paying my dues from my past decissions and the path life has given me and do not feel i should have to payout of pocket for her negligents by running the stop sign. please help


Asked on 1/27/12, 8:42 pm

1 Answer from Attorneys
Paul H. Cannon Simmons and Fletcher, P.C.

unfortunately, in Texas, the measure of damages for damage done to property in a motor vehicle collision is the fair market value just prior to the wreck minus the fair market value after the wreck. The inability to recover this in a lawsuit is exactly why insurance companies sell and people buy gap insurance.

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Answered on 1/28/12, 3:06 am


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