Legal Question in Civil Litigation in Texas

Loss of Property

Recently a drunk driver struck our parked car. His insurance company has said that the car was a total loss. They will not willing to pay the full amount that is owed on the car ($600 difference). They also will not pay additional money to put down on another car or for the new tires that were just installed. Should this go to small claims court or would a civil suit have to be filed?


Asked on 7/25/08, 5:31 pm

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Loss of Property

No matter which court you go to, you are not going to recover what you're looking for. The insurance will pay the fair market value of the vehicle - no more. They will pay for extras like a super sound system, but no extra for new tires. Sorry. Good Luck.

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Answered on 7/25/08, 5:36 pm
Donald McLeaish McLeaish&Associates;, P.C.

Re: Loss of Property

the Court could not order the insurance to pay more than the fair market value..ie what your car is selling for on car lots..BUT if you ask for punitive damages because the driver was drunk, you may get more money good luck..

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Answered on 7/26/08, 9:53 am


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