Legal Question in Personal Injury in California

The fault is the other party. When negotiating a price for a totaled vehicle, legally, may I add the taxes paid on the vehicle at the end of the negotiated price settled upon?


Asked on 4/22/10, 4:04 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

When you and the other side agree on a settlement amount, that amount is binding on both of you. You cannot add anything to it, just as the other side can't subtract anything. If you want to factor sales tax into the settlement you need to do so during the negotiations instead of trying to sneak it in later.

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Answered on 4/27/10, 4:50 pm
Robert Worth Robert J. Worth , Professional Law Corporation

Actually IF you are negotiating a total loss settlement then inform the responsible party that on top of the total loss value that you are entitled to add sales tax and license fees. It is reasonable but the must be discussed DURING your negotiations as the other peron's insruance carrier (assuming one existed) would havbe to add it on to the vehicle value. If you purchased a vehicle the seller would normally have to add sales tax on behalf of the state/county and license/transfer fees. I hope this helps. Bob

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Answered on 4/30/10, 4:25 pm


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