U-Haul truck totaled my car
A guy renting a U-Haul truck made an illegal left turn and hit my car, totaling it. This all happened in Texas. Because the renter did not get the expanded coverage, RepWest (the company that handles U-Haul's insurance claims) says they will only cover the state required minimum, which in Texas is $25K.
There is no doubt who is at fault, and RepWest has made me a couple of offers to settle the claim, one if I keep the vehicle and the other if I hand the vehicle over to them.
Let me clarify that I have filed a claim with my own insurance company and am waiting on the numbers from them regarding how much they would give me for the totaled vehicle.
However, my question is regarding the U-Haul settlement through RegWest. Needless to say, they are low balling me on the offers. I don't want to keep the vehicle, so the only one that I'm entertaining is the higher amount that includes them keeping the car. The offer is about $14K plus the costs associated with towing the car, storing it for over a week, the estimates made by the shop, etc. That is about $3K, so the total I'd be receiving is around $17K (buying an equivalent vehicle itself is higher than this, so I'm definitely fighting that number)
I know this may be very naive, but here's my question: I don't have any contract or agreement in place with RegWest. I did not sign anything that says that if they were to destroy my vehicle they are only required to pay what they think is the replacement value of it. I know that's what's most advantageous for them, but I also can see it as they caused over $30K of damage to my vehicle, and if I wanted to repair it, they would have to pay the $25K (the state minimum coverage required). Wouldn't there be a case to say because the damage that was caused was over the required minimum they have to pay that minimum?