If my leased car was totaled, am I able to sue the other driver’s insurer for the down payment and lease payments?

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If my leased car was totaled, am I able to sue the other driver’s insurer for the down payment and lease payments?

The other driver was at fault. I have leased the car for only 3 months and put down $9000 down.

Asked on October 8, 2014 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You can recover from the other driver, his insurance, or a combination of the two the then-current value of the car, which will, for a leased car, go to the dealer and/or financing company. You cannot recover for lease payments you have made, for your downpayment, or for future lease payments that exceed the amount of money the dealer or lender recovered, unless you specifically had some form of insurance (like "gap" insurance") providing for this. Again, the responsibility of the other side is to pay the car's then current value, not for your lease.


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