Auto Insurance Claims: Out of state policy and in state laws., massachusetts insurance company, salvage value


Question
My understanding is that Texas law does not require me to accept the salvage value of my totaled vehicle if the other party is 100% at fault-is this true and is there any way you can point me to the verbiage that states this?  I was in an accident with an out of state driver and his Massachusetts insurance company is deducting the salvage value from my settlement even though I have stated I do not want the totaled car.  They have stated that unless I can send them a copy of the law that requires them to pay the full value that their policy is to abandon the wrecked vehicle and deduct the salvage value from what I am owed.  I would truly appreciate any help or advice so I can get back on my feet and quit bumming rides to work!

Answer
As a "claimant", you are entitled to whatever you could get if you sued the other driver. So if his insurance does not take the salvage, sell it yourself and sue him for the amount his insurance did not pay. and policies are always overridden by law.

Ron cercone
http://www.uclaim.com