Legal Question in Personal Injury in Maryland
How do I sue for a down payment I lost on a new car I bought that I had for less than 30 days. The vehicle is now totalled and it was not my fault. The other party's insurance company has accepted liability for the accident, but they only are paying the market value of the vehilce and not the amount of the vehicle plus my down payment. So I have basically lost over $ 7000.00. What can I do to get my down payment back? Can I sue the insurance company or the person at fault in the accident to get my down payment back??
1 Answer from Attorneys
When your vehicle is damaged in a car accident, the responsible party's insurance company is legally obligated to pay either the cost of repair or, if there is major damage, what the vehicle was worth at the time of the accident, in other words "fair market value". Since your vehicle was so new, unless you had put a lot of mileage on it in that short period of time, it should be worth close to what you paid for it. You don't have to accept what the insurance company is offering if you think it's inadequate, but your only alternative is to sue the responsible party. Their insurance company will defend them and pay whatever you are awarded in court. However, if you paid more than what the car was worth when your down payment is considered, you won't be able to recoup that.