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

UPDATED: Oct 8, 2014

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 8, 2014Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption