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I purchased a car 1 month ago and put down a 4500.00 down payment, 2500 was trade in value and 2000 was cash. Recently the car was hit by another driver who was unlicensed. She went through the red light and hit me. She was not the registered owner of the car either. The car was deemed totaled. The 4500 was not part of the financed amount. My Insurance is paying off the amount of the loan -500 which my gap insurance will cover. I am still out my inital down payment of 4500. I have engaged an attorney for bodily injury already but they wont touch the property damage part of it. Can I go after the faulted driver or registered owner to recover my down payment? Either in civil court or small claims court??
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