Auto Accident in Texas

[delilop]

(Texas) I was a passenger in my car driven by my boyfriend when it was struck by a drunk driver attempting to make a left hand turn and not giving us the right of way. My injuries were mainly caused by the seat belt. I suffer from pain to the chest and upper back and my doctor says I will probably be this way for several months. Also, I was referred to another doctor because there may have been damage caused to my bladder because of the seat belt. It has been 4 months since the accident. The suspects' car insurance adjustor has offered the blue book value of my car since it was totaled. Blue book value will not pay off the note. My balance is high because two years ago I had to file bankruptcy and very little of my payment to the trustee has been going towards my car. If I take what the adjustor is offering, I will still have to pay the balance on a car which I no longer have, plus, I will still have nothing to drive. My boyfriend's lawyer has decided that there is a case in Product Liability whereby the seat belt did not hold him in and his injuries resulted in paralysis. They have offered to buy the car from me for the difference of what the adjustor has offered if I keep the car and if they keep the car. The difference is about $1,600.00. Whether I settle with the adjustor for $4,800.00 and keep the car, or $6,400.00 and they keep the car, the loan still will not be paid in full and both the adjustor and the lawyer want me to provide them with a clear title which I will not have unless I pay the bank an additional $3,600.00 which I do not have. My attorney has decided that he does not want to mess with this part of the legalities. He wants me to sign something that states that I will persue compensation for the property damage on my own and he will handle only the personal injury part. Is this right? Or should I seek other legal advice? Anyway you look at it, seems I am the one who will come out losing on this one. My boyfriend will most likely get a good settlement on the product libility aspect, however, his condition is very bad as he will never be able to work again, but I will be left with a balance on a car I don't have, plus, nothing to drive. Because of my bankruptcy, I most likely will not even be able to purchase another car. What can I legally do?

 

[prairielaw3]

While the laws vary somewhat with each state, generally the amount of the property damage claim is the repair cost or the fair market value-whichever is less. Generally, despite the hardships that may arise, the loan amount is not a relevant consideration in the law as far as the amount recoverable for the property damage is concerned. Your attorney should be able to at least advise you on if this is, indeed, the law in your state. Sorry I not better news for you.

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George H. Senteney
http://www.prairielaw.com

 

[delilop]

Thank you for your response. I realize that I have to accept blue book value since the car has been totaled, however, before anyone will give me anything, they want a clear title which I cannot get unless I pay off the balance. I do not have $3,600.00 that I can use to pay off the balance. Is it customary to request the clear title or they will not pay anything? Don't they usually contact the institution that financed the car to arrange for an agreed pay off? This is what confuses me because I thought the attorneys would contact the financial institution and work up a deal so that I would not have to pay on something I no longer have. Thanks again!!