Granada Hills, CA asked in Car Accidents, Contracts and Insurance Bad Faith for California

Q: As a leasing truck operator and got involved in an accident but not at fault, can i claim truck payment made before that

The truck is damaged it cant be repaired. They gave me new truck. But what about the payments ive made on my previous truck. Can i claim it as loss or not. I am leasing truck operator.i pay weekly for my truck and the accident happened. Which clearly isnt my fault because she crossed the median on the freeway.

3 Lawyer Answers
Manuel Alzamora Juarez
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Answered
  • Personal Injury Lawyer
  • Berkeley, CA
  • Licensed in California

A: Unfortunately, insurance does not work like that. You had an accident and you got a new truck. You were made whole. Any payments you made for your truck before the accident were not within the contemplation of the defendant. Your losses begin on the day of the accident and not before. However, if you were injured in the truck accident, then you can claim for loss of work and personal injury damages until you got your new truck. You may also claim for loss of income if , as a result of the accident, you were not able to work and meet your contractual responsibilities. Best call a lawyer near you to advise you as to your loss of income. Best of luck.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Mr. Juarez is correct, though you should keep the records for your accountant as it may be a business or casualty loss. This is where "gap" insurance comes in. If you had "gap" that should have covered the difference between what truck was worth and what you owed, However the other person's insurance only covers book value of the truck, not replacement value.

Peter N. Munsing
Peter N. Munsing
Answered
  • Personal Injury Lawyer
  • Wyomissing, PA

A: Mr. Juarez is correct. However if you have a "gap" between value of your truck and what you got paid (book value or market value of the truck) look to "gap" insurance if you got it. If you didn't, look at it now as it sounds like you got a new lease and need to know, someone totals that, what do you owe as all you'll get is book value. Get the gap insurance through your vehicle insurance. Dealer sold policies tend to be ......thin.

Contact a member of CAOC in your area--they give free consults and can discuss injury, other aspects of your case.

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