Legal Question in Personal Injury in Texas

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?

Asked on 10/04/12, 12:52 pm

2 Answers from Attorneys

Roger Merrill Merrill & Associates

No, the amount owed is not relevant when determining how much to pay for the total loss damages.

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Answered on 10/04/12, 1:06 pm

Jeffrey Brashear The Brashear Law Firm, PLLC

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.

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Answered on 10/04/12, 1:09 pm

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