Auto Insurance Claims: Difference between total loss reparation and price of a used car, small claims court, insurance reimbursement


Question
A driver not observing a non functioning light as a three way stop totaled my car.  Her insurance company found her 100% liable within one business day. My car was totaled, and I feel I was fairly treated by her insurance company.  They reimbursed me $7500 for a 2003 Lancer in good condition.  I purchased a used, 2008 Galante at a $15,000 price.  My question is, can I sue her in small claims court (Texas) for 5,000 (the legal maximun amunt for Small Claims Ct. in Texas) to help cover the difference between the insurance reimbursement, and the prices of the new (Used) car?  Thank you!

Answer
Sorry, but no you would not have a claim.  The insurance company is responsible for paying you the market value of your vehicle before the loss occurred.  They are not responsible for the cost of the next car you choose to buy.  

Think of it this way - would it be fair if you chose to buy a $50,000 BMW?

The insurance company basically paid you on behalf of the other driver.  When you accepted their payment, you were accepting it from her, so you have no additional claim against her.