Legal Question in Civil Litigation in California

Demand for money after auto accident

My daughter was at fault for an auto accident. Damages were negotiated via both party's insurance companies. 6 months after the accident we get a demand from the other party, claiming loss of value on the vehicle because he sold it to a dealer for below Kelly Blue Book value. He acknowledges in his letter that the car was completely repaired, does not state any dispute with quality of repair. It was a 2007 GMC Envoy - a gas guzzler in times of high gas prices.

We think he is on a fishing expedition, but does reference potential litigation if we do not reimburse him for his ''loss''. I can't think of a legal principle that would allow him to recover for a voluntary act to sell a car in good repair to a dealer and then expect us to pay for a decision that was his choice. How should we respond to his letter, and is there any strong likelihood that he would prevail in court? His demand is for $9100, small claims limit is $5000.


Asked on 3/28/08, 5:45 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Demand for money after auto accident

Turn it over to your insurance company. If they didn't get a proper Release Agreement in exchange for whatever 'settlement' payment was made, they'll have to handle this claim. If they did get a release, this claim is without merit and will go away.

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Answered on 3/28/08, 6:21 pm


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