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Car Accident

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Greta88

Junior Member
What is the name of your state? Texas

On May 12th I was involved in a car accident that was the fault of the other driver. My car (2003 Cavalier) was totaled in the accident and I had to get a new car (2003 Ford Focus). The Cavalier would have been payed off in 2009. However as a result of the accident I am having to make car payments on the 2003 Ford Focus until 2011. I feel that the other person and/or their insurance company should be repsonsible for these payment that go beyond 2009 when my other car would have been paid off. Any advice that you could give would be greatly appreciated. Thanks

***sorry computer problem posted my message before I was finished***
 

moburkes

Senior Member
Texas does not recognize diminished value claims. You didn't have to buy a 2003 Ford. You could have bought an older vehicle that would have been paid off sooner.
 

Zigner

Senior Member, Non-Attorney
OP - your line of reasoning doesn't make sense. The at fault party paid off your first car. Now, you've purchased another car. How should the at fault party be responsible for anything more than the value of the first vehicle? :confused:
 

ecmst12

Senior Member
Their insurance is responsible for the value of your car, immediately before the accident, and no more. Your current car loan has nothing to do with them.
 

moburkes

Senior Member
Their car insurance didn't pay off my car, my insurance company did.
The great majority of people feel that their insurance company comes up with a better value than the at fault party's insurance company. If you didn't believe the settlement was fair, you had the option of going to arbitration. If you were upside down on the loan, neither company is responsible for that unless you had GAP coverage.
 

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