Can i sue for the down payment on a new car?

Asked over 5 years ago - Palm Springs, CA

I was in an automobile accident last week and was just informed that my car will be totalled....the accident was not my fault...my insurance company will cover the cost of the value of the car and GAP will pay for the rest. However, I do not have any money for a down payment on a new car (my car was a about a year and a half with only 19,000 and was in excellent condition). I lost my house last year and will probably have to wait several months to put a sizable down payment to get decent monthly payments on a car. I am stressed because I purchased my car to not stress over having an unreliable car and will now be left with nothing. I don't know what I can do...please advise...

Attorney answers (2)

  1. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . Any settlement would be for the current fair market value of your car. Even though your car was in excellent shape with low miles, it is still going to be looked at by the insurance company as a "used" car and they'll pay off to the amount it's worth at the time of the accident.

    There may be additional compensation owed to you as a result of this incident. It may be worth your time to consult with a personal injury/accident attorney in your area to see what other settlement arrangements you may be entitled to. Don't sign anything from the insurance company without doing this or you may be signing off on any other claims.

  2. Brian Richard Dinday

    Contributor Level 16

    Answered . Mr. Dane has given you good advice. I would be surprised if a collision severe enough to total your car did not injure you at all. Even a relatively minor injury can net you some cash to put up a down payment, so you should talk to that lawyer ASAP. Good luck.

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