Accident in a Newly Purchased Car - Can I Get it Replaced

[angel963]

I had a car accident.. I had full coverage insurance. The other driver had insurance.. I live in Texas.. What i wanna know is that i had my 2005 Malibu maxx just 2 months ago. I just purchased the car it 2 months ago value of it was 7526.00.. this was the only car i had for work.. The accident was not my fault the cop said ...Were still waiting for the police report. What are my chances!! Will i get another car and will the other insurance pay for the total amount to the car to thr finance company... cause the my car was smashed and totaled the front...if they dont get me another car cause it wasnt my fault do i have the right to ask for more or if the other insurers say they will not give me for another car. Should i contact a lawyer? Please Help!!! This is my first accident. Im kinda green to what the adjusters will do.. they will see the car both adjusters on Monday....

[Mr. Knowitall]

If the car is totaled you should get a payoff from the at-fault driver's insurance. I can't promise you that they will pay you the full outstanding amount of the loan; if you have gap coverage through your own insurance, that should cover any difference.

If not, you can try making a claim for "diminution of value" in addition to the repair costs from the at-fault driver's insurance (or the at-fault driver).

From what I can see, Texas auto insurance policies typically include provisions that they will cover "repair or replacement", not diminution of value claims, such that in a first party claim (one with your own insurer) your contract probably does not allow a diminution of value claim. But from what I can see, Texas does allow such claims against the third party (the at-fault driver).