Legal Question in Civil Litigation in California
deficiency balance after car accident
We had a wind storm and, my neighbors tree fell and crushed my car. Her home owners Insurance treated this like a auto accident case, they paid me what they felt the car was worth. The neighbor has been notified about the tree, and due to her negligence the tree fell. I want to take her to court because I think she should have to pay the remaining balance on the car, why sould I pay for something I dont have anymore, If I were to take this to court, what would the likely out come be? What are the laws that pretain to matters klike this?
2 Answers from Attorneys
Re: deficiency balance after car accident
You might differ about the value of the car. Check out kbb.com to determine your car's value. Also you should be compensated for loss of use -- i.e. the reasonable cost of a rental car for the period it took you to either repair the car or find a replacement.
Re: deficiency balance after car accident
First off, you need to look at the language of any agreement you signed when you accepted the payment from the insurance company. Chances are that you released any and all claims against your neighbor. If that is the case, then you will lose in court.
Even if you still have the right to sue, the key issue will be the value of the car, not the amount you owe on the loan. Many people owe more than their cars are worth. If your car is worth $5,000 and you have a $7,000 loan balance, you are $2,000 in the red. If your neighbor destroys your car you should be made whole, but that means restoring you to where you were before -- $2,000 in the red. Paying off the loan would leave you better off than you were, which would not be just to your neighbor.
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