What you are owed for a totaled vehicle under Texas law

Texas personal injury attorney Daragh Carter discusses what is owed when a vehicle damaged in an automobile accident is declared totaled or a total loss. Includes a discussion of whether under Texas law you can force an automobile insurance company to repair a car that has been totaled. Also discusses what you are entitled to when you are "upside down" on your totaled vehicle, meaning you owe more on your car loan than the vehicle is worth.

Category:

Autos & Vehicles

Tags:

• Texas
• automobile
• insurance
• claim
• totaled
• car
• total
• loss
• damaged
• vehicle
• Lawprechauns

[lawprechauns]

If the adjuster says the repair cost is $4K but your facility can do the same repair for $2K, present the adjuster with the repair estimate. Keep in mind that initial estimates are usually written before the vehicle is disassembled and sometimes additional damage is found that pushes the vehicle out of the repairable category and into the totaled category.

[lawprechauns]

The video was intended to give basic advice because it can't be totally comprehensive and cover every situation. If you disagree with the adjuster's calculation of the ACV you will need to present evidence of why the adjuster's value is wrong, such as comparable sales showing higher value. So long as a lien holder gets their lien paid in full, in my experience they aren't too concerned about what ultimately happens to the car.

[agenthelios1]

This was rather basic. What about f you want to keep your vehicle and the adjuster lowballs the ACV of the car and then totals it out.

What if adjuster says the repair will cost $4000, but a bodyshop can repair for $2000. What can you do then? If Lien holder is involved, do you have a say in it or can you buy car back?

If so how can you buy it back and for how much? Accident was other drivers fault and her Ins is lowballing and using every trick to total car and make money off me

[cube1726]

thank you so much!

[rasaddler]

Thanks for this information. I was concerned that the insurance company might try to low-ball me on my cars worth. Also, I was not familiar with the "upside down" term and how that might be an impact.