Legal Question in Credit and Debt Law in California

Auto/License/Accident/Loan

My older daughter has a suspended

license, rear ended another car and the next night at a check point

had her car inpounded. If she can't pay to get the car out of inpound and wants to turn the car back to the bank(which see still owes $14,000) what is her liability?


Asked on 6/28/08, 5:15 pm

3 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Auto/License/Accident/Loan

I am sorry to hear about your daughter's poor fortune. Mr. Mccoy anbd Mr. Stone are both correct. First, this is going to potentially cost her a lot more than just the deficiency on the vehicle (the difference between what she owes the lender, and what they recover by virtue of repossession and sale of the vehicle). Depending upon the lender, they could potentially just walk from the car, as they will have to go save it from impound and then liquidate it, with the newly-acquired damage to the front end.

I think at this point the best thing she can do is consult with a reputable bankruptcy attorney, and review her options.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 6/30/08, 3:02 pm
Robert Mccoy Law Office Of Robert McCoy

Re: Auto/License/Accident/Loan

A lot. If she cannot afford to get the car out of impound, then there is no way she is going to be able to afford her potential liability in this case. She should talk to a bankruptcy attorney. BTW, sometimes filing bankruptcy will allow someone to get their license back.

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Answered on 6/29/08, 4:41 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Auto/License/Accident/Loan

This is a question for the LawGuru adding machine. Let's see, $14,000 on the auto loan (whir, whir) plus $5,000 for uninsured property damage (whir) plus $100,000 in bodily injury damages, say $119,000 plus court fines plus bus fare while her license is suspended (whir, whir.,,,)

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Answered on 6/28/08, 8:02 pm


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