Legal Question in Personal Injury in California

if i lease a care and it was rear ended and total why dont it have to be replace

I was driving my leased car on the freeway when I was rear ended and it was totaled.Why dont the insurance company have to replace it or help me get into another car.My car had 10,200 worth of damage. It was a 2000 focus. I was told since my ins paid it off that was all I could expect. This seems so toatly so unfair.


Asked on 3/20/02, 12:36 pm

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: if i lease a care and it was rear ended and total why dont it have to be rep

You should have a property damage settlement. You need to obtain representation to receive what your are entitled to. If you have whiplash injuries you need medical treatment and compensation for pain and suffering. Please call me directly at (619) 222-3504.

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Answered on 3/22/02, 2:37 pm
Sheldon G. Bardach Law Offices of Sheldon G. Bardach

Re: if i lease a care and it was rear ended and total why dont it have to be rep

You are entitled to two kinds of indemnity. The first is against your own insurance company for collision coverage, which is limited by the policy coverage. It almost certainly includes a deductable, which is an amount to be deducted from the total loss. You also have the right to recover against the other parties insurance company, for the full amount of your loss. You might, however, have to sue that person to get it.The party, however, who will be entitled to the property damage is the owner of the property, viz. the leasing company. Whether they wish to continue a lease thereafter, is up to them.

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Answered on 3/25/02, 1:07 am
Joel Selik www.SelikLaw.com

Re: if i lease a care and it was rear ended and total why dont it have to be rep

They are required to pay the value of the vehicle, if what you owed was the value then that is all you get, or if your upside down in the lease. If you have built in equity (very hard to do in a lease, but possibly arguable) you may have an argument.

J. Selik

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Answered on 3/20/02, 8:12 pm


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