Yes, you may be able to sue if someone totaled your car in Texas. Filing a lawsuit may be appropriate if their negligence caused the crash and you have losses that have not been fully resolved through insurance. Whether a lawsuit is necessary depends on the circumstances.
An Arlington car accident lawyer can review the crash, available insurance, and value of your losses. At The Texas Law Dog, we can also help if responsibility for the collision or the value of your claim is disputed.
Our founder, Matthew E. Aulsbrook, worked as a licensed insurance agent and owned multiple insurance agencies before becoming a lawyer. That background gives our team practical insight into how insurers handle accident claims and vehicle valuations.
Someone Totaled My Car. Can I Sue Them?
A totaled vehicle does not automatically mean you need to file a lawsuit. Many property damage claims are resolved through insurance after the insurer investigates fault and determines the vehicle’s value.
A lawsuit may become an option if the other driver disputes responsibility, insurance does not fully cover your losses, or negotiations fail to resolve the claim. If you were injured, your case may also include losses that go well beyond the value of the vehicle.
The Texas Law Dog can review what remains unpaid before determining whether further legal action makes sense. The person or company you may have a claim against will depend on who caused the collision and the insurance involved.
How Does Texas Determine Whether a Car is Totaled?
An insurer generally compares the cost of repairing your vehicle with what it was worth immediately before the crash. According to the Texas Department of Insurance, a company will often consider a vehicle totaled when repair costs are close to or greater than its current value, although some vehicles may be totaled at a lower repair cost.
If the vehicle is declared a total loss, the settlement is generally based on its actual cash or market value rather than what you originally paid for it. Age, mileage, condition, trim level, options, and the local market can all affect that figure.
If you still owe more on your loan than the vehicle is worth, the total-loss settlement may not pay off the entire balance. GAP or loan/lease coverage may help with that difference if you purchased it.
What If You Disagree With the Total-Loss Value?
You do not necessarily have to accept the first valuation without checking it. Look at comparable vehicles of the same make, model, year, trim, mileage, and condition being sold in your area and document features that could affect the value.
If your own insurance company is handling the claim, your policy may also provide an appraisal process for disputes about the amount of the loss. That process is different from challenging an offer made by another driver’s insurer.
The Texas Law Dog can review the valuation and supporting evidence when a disagreement cannot be resolved. The goal is to identify whether the figure accurately reflects the vehicle you owned immediately before the collision.
What Compensation Can You Recover After a Car Accident?
If another driver’s negligence caused the collision, your property damage claim may include the value of your totaled vehicle. Other losses may also be recoverable depending on the circumstances and available coverage.
If you were physically injured in the same crash, your claim may involve:
- Medical expenses: Treatment and care related to your crash injuries
- Lost income: Earnings missed while you were unable to work
- Reduced earning ability: Financial losses caused by lasting work limitations
- Pain and suffering: The physical and personal effects of your injuries
- Other accident-related losses: Additional damages supported by the facts of your case
A property damage settlement and an injury claim are not always the same thing. Before signing a release, make sure you understand exactly which claims the document resolves and whether any part of your case remains open.
What If the At-Fault Driver Does Not Have Enough Insurance?
If the driver who totaled your vehicle is uninsured or does not have enough coverage, you may need to look at your own policy. Collision coverage or uninsured/underinsured motorist coverage may help in some circumstances, depending on what you purchased.
The amount you still owe on a vehicle loan is another issue. A car can be worth less than the outstanding finance balance, and the at-fault driver’s liability does not automatically increase simply because you owe more than the vehicle’s market value.
The Texas Law Dog can review the available policies and explain which sources of recovery may apply. That can be particularly important when the collision caused both a total loss and significant physical injuries.
Can You Keep a Car After It Has Been Totaled?
You may be able to keep the vehicle after it is declared a total loss. If your insurer allows you to retain it, the salvage value will generally be deducted from the amount you would otherwise receive.
Keeping the car can also affect its title. A vehicle that meets Texas salvage requirements may need a salvage title and additional steps before it can legally return to the road.
Before deciding, consider the repair cost, safety of the vehicle, title implications, and how a salvage history may affect future resale or insurance. Keeping a totaled vehicle is not always the cheapest option once those factors are included.
How Long Do You Have to Sue After Someone Totals Your Car?
Texas generally gives you two years to bring a lawsuit for damage to personal property after the claim accrues. Personal injury claims are also generally subject to a two-year limitations period, although exceptions can affect particular cases.
You should not treat that deadline as a reason to delay dealing with the claim. Vehicle evidence can disappear, witnesses become harder to locate, and records or video may be more difficult to obtain as time passes.
The Texas Law Dog can check the deadline that applies to your circumstances and preserve evidence while the insurance process continues.
Talk to The Texas Law Dog About a Totaled Car Claim
A total-loss crash can leave you without transportation while you are still trying to work out whether the insurer’s offer reflects what you actually lost. If you were injured as well, the financial impact can extend far beyond replacing the car.
The Texas Law Dog can investigate the collision, review the insurance coverage, assess a disputed vehicle valuation, and document injury-related losses. We handle car accident cases on a contingency-fee basis, so there are no upfront lawyer fees.
If someone totaled your car in Texas and you want to sue, contact us for a free consultation. We can review what happened and explain whether an insurance claim, further negotiation, or a lawsuit may be appropriate.
