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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 33554
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I was recently t-boned at an intersection. I had a yellow

Customer Question

I was recently t-boned at an intersection. I had a yellow blinking light and the other person perpendicular to me had the red blinking light. The other person stopped at the light then proceeded through the blinking red light hitting the passenger side of my vehicle. I was notified today from the body shop that it may be a total loss because it was a 2002 Tahoe.
What rights do I have? It seems like I am going to be forced to take $4 or $5k for the book value on the vehicle and go looking for a car. I obviously cant get a car for that so even though I haven't had a car payment for a long time, I now am going to have one. Why am I being penalized for taking good care of my older model vehicle??!!
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 1 year ago.
If the vehicle is a total loss, am I due only the book value of the vehicle? I seem to be getting penalized for keeping my vehicle in good running condition!
Customer: replied 1 year ago.
Expert:  Dwayne B. replied 1 year ago.

Unfortunately, Texas law states that you are entitled to receive the reasonable market value of the vehicle at the time of the collision. That doesn't mean what a specific "book value" is or any other specific reference guide, those are just that, references.

However, the insurance companies will only pay what the "book" says or what a service that provides that information states the value is and if you want more than that you will have to file a lawsuit and make your argument in court.

Expert:  Dwayne B. replied 1 year ago.

I'm sorry, I should have phrased that better. The insurance company will only voluntarily pay what the book says absent a judgment. If you go to court and get a judgment for more than that then the insurance company will pay the judgment value.

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