Legal Question in Insurance Law in California

Your best bet is to talk to a lawyer. All personal injury lawyers in this town, including me, will offer you a free consultation. Feel free to call. 888-9ENFORCER - 888-936-3672.

What is your loss? That's the trouble with a lease. The totaled vehicle didn't belong to you. You only had a right to use it in exchange for the payments you have made and the future payments you were obligated to make. If you have been relieved of the obligation to make more payments that balances out with loss of the car to zero loss for you according to both lease accounting and the law. If you can demonstrate something like you had a fixed buy-back option in your lease that was less than the car would be worth at the end of the lease, you could make a claim for the difference between the value of the car and the price you could have gotten it for based on the lease. That's pretty hard to prove unless you were about at the end of the lease since the value down the road is speculation and the law does not allow recovery for speculative damages. You probably have a loss of use claim for a rental car for a reasonable amount of time to buy or lease a new vehicle. If you had a refundable deposit on the lease, someone owes you that back. So unless you were injured and have medical bills, lost wages, etc., I'm missing what your loss is that they would settle or you could recover through legal action.