Can I sue the driver to recover the downpayment if my leased car was totaled?

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Can I sue the driver to recover the downpayment if my leased car was totaled?

Car wrecked 39 days into lease; I put $3,000 down. Downpayment was for capital reduction and the associated tax, aacquisition fee etc. Driver accepted 100% fault and her insurance covered the fair value of the vehicle. Driver was ticketed at accident scene for following too closely.

Asked on May 9, 2011 under Accident Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your vehicle was totalled, the car was leased and you paid $3,000.00, then her insurance company should have covered your expenses, as well, not simply covering fair value of the motor vehicle. If you have not cashed any checks yet (I am assuming the checks didn't come to you), you need to go back to the table and get your money that you paid as a down payment and explain that you have not been made whole and you expect all costs you paid in since you were only 39 days into your lease. Further, also contact your insurance company regarding the same and if you suffered any medical injuries, make sure you get those covered (economic damages and non-economic damages).


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