What to do about a car accident and a lienholfer?

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What to do about a car accident and a lienholfer?

My duaghter was in an auto accident which was the other person’s fault. After going back and forth for the last 3 months, they deemed her vehicle a total loss. She had been in a rental which they made her return yesterday because they made an offer on her vehicle and generated the letter of guarantee to her lien holder. They stated she could only keep the rental for so many days after the offer was made. However, her lienholder will not put her in another vehicle until they receive the payoff for the first one. Is it right that she is penalized by not having a vehicle or the rental until all is said and done and the check is received? It wasn’t even her fault and she now has no vehicle of her own, no rental and can not get to work and school.

Asked on May 6, 2013 under Accident Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The accident may not have been your daughter's fault, but it also was not the lienholder's fault--they have a right to look after their own interests. What your daughter could do is to sue the other driver if she believes the other driver was at fault, in order to recover whatever costs she has incurred as a result (e.g. the cost of renting a car out of her own pocket, or the cost of mass transit, etc.). One good option is to sue in small claims court, which is not just simpler and cheaper than other courts, but also "moves" faster--that is, she'll get a hearing on her cause much more quickly.


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