Legal Question in Civil Litigation in California

I put the down payment for my daughter's car on my credit card. now she had an accident (not her fault) and it is totaled. the ins co only paid the car off. can I sue the other driver for my down payment back to put on another car for her?


Asked on 12/30/11, 8:32 pm

2 Answer from Attorneys
Armen Tashjian Law Offices of Armen M. Tashjian

Did the insurance company pay fair market value? If so, that's all that your daughter is entitled to. The fair market value - not more, not less. Unfortunately the second you drive the car off the dealer's lot it depreciates. Hence, unless your daughter had purchased a GAP insurance shoe and you are SOL - sorry for being crude.

If your daughter was injured in the accident, she will have a case against the negligent party. Perhaps the money she'll recover will help her replace her vehicle. If she need a free consultation, I'll be happy to help.

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Answered on 12/30/11, 10:45 pm


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