Legal Question in Civil Litigation in California

Re: car accident

You have to make your payments whether your car is drivable or not. Your lender did not say you only had to pay the money back as long as your car was in good condition. The risk of damage, theft or loss was yours, not the lender's. You could have purchased insurance to guard against this risk. That you chose not to means you have to absorb the loss, not that you can make the lender absorb it.

Re: car accident

Just because the drunk driver had no insurance does not mean she is not liable for your loss. It just means that you will have to work harder to get her to pay up.

If she has not yet been sentenced, you could contact the District Attorney as a crime victim and seek to have him recommend restitution as part of the drunk driver's sentence. You could also inquire of the D.A. whether you qualify for the crime victims fund.

Or you can sue the drunk driver in Small Claims Court for the loss of your car (assuming your loss is not greated than $7,500). If the defendant has or gets a job, you can garnish her wages to pay off the judgment. The judgment is good for 10 years, and can be renewed for another 10 yrs.

I agree with the other responder that the wreck of your car makes no difference to the finance company. You are still liable on the loan for the car. If you cannot afford to pay on the loan, you may need to see an attorney who counsels debtors and discuss whether bankruptcy is appropriate in your situation.