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Total Loss Lease | Getting down payment back?
by Louella
(California)
I hope you can help me. I am with out a car after a $1000 down payment, $313 monthly for 10 months, and acquired GAP insurance on a my brand new 2009 Corolla (leased), which was totaled sitting in front of my house by a driver "asleep" at the wheel.
The drive hit two cars; the second also hit my car.
I am thinking that I should at least get my down payment back, but I didn't and I don't how or from whom. I initially, waited to see how this would turn out.
I did not pick up the police report.
The car was parked.
No one was in the car.
Police did take a report and the driver's info.
This happened in October, 2009.
Any suggestions who be appreciated.
I am an educator and attended college.
I have also been under medical care during these past few months.
I have been going to work, the doctor, school and else where.
The car has been paid off and the GAP, but I am without a car.
-First Time Leasing
Answer:
Hello Louella,
It seems that time has gone by. I am not sure you would get your down payment back. It all depends on how much damage was done to the car (total loss), if your lease agreement specifies what to do there, and what your GAP insurance covers (some will give you money for your next vehicle and/or lease), some don’t.
There are a lot of questions here. You are strongly advised to talk to an attorney.
Good Luck,
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