How can I get compensated for my down payment if my car was totaled?

UPDATED: Oct 21, 2014

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How can I get compensated for my down payment if my car was totaled?

It was parked in its stall when a drunk driver hit it. My insurance nor his insurance will pay for a rental. Can I sue the apartment complex?

Asked on October 21, 2014 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Why would the apartment complex be liable, or financially responsible? From what you write, they did not damage your car. A property owner is NOT liable for accidents that occur on its property unless the property owner was at fault in some way.

What you can do is sue the drunk driver who hit your car--who is almost certainly at fault, since he was DUI/DWI--for your losses and costs. Assuming you win the suit, as is likely, he will have to pay.

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