Car Total Loss - Down Payment

What is the name of your state (only U.S. law)? Maryland

I had a quick question regarding a total loss being deemed on a car and getting back down payment. Is it possible to take someone to small claims court for say 3k in Maryland for the down payment on a car as GAP would not cover that cost?

Details:
I purchased a new 2010 VW Jetta 4 days ago putting 3k down before the financing. The car was involved in accident this morning and all things point to the other individual being at fault. Due to the damage to the B column I have heard people mention possible total loss on the car. I assume if this is the case the individuals insurance company would pay me/bank the cash value of the car and then I would uses GAP insurance I have with progressive for any difference. However since my 3K was put down before the financing cost it would not be covered based on what I have read. I understand Maryland as some PIP related things and wanted to see if I could still take the individual to court for that 3K that I will lose.

Your gap coverage is to pay the difference between what you owe and what you get for the car.

Since the car is only 4 days old, your damages should be just about the cost of a brand new car but regardless, you are only entitled to fair market value regardless what your gap coverage pays or what you put down on the car.

Ok, you're not making sense. The cash value of the vehicle CANNOT POSSIBLY have diminished $3k plus GAP coverage in 4 days off the lot. Sorry, not buying it.

It breaks down like this:
Car = 18745.00 (17995 for car + 750 destination charge)
Fees/Tax/Title = 1451
Total = 20196
Down Payment = 3,000
Final Financed Total $17196

I know I will probally get around 17196 for it since its only a few days old, however that 3K down payment would not be covered based on what I have read / the individual posted above. So with that I wanted to find out can I actually take this individual to small claims or is there Maryland law that is weird protecting me from that? Basically am I going to be short 3k?

E.Janis said:

It breaks down like this:
Car = 18745.00 (17995 for car + 750 destination charge)
Fees/Tax/Title = 1451
Total = 20196
Down Payment = 3,000
Final Financed Total $17196

I know I will probally get around 17196 for it since its only a few days old, however that 3K down payment would not be covered based on what I have read / the individual posted above. So with that I wanted to find out can I actually take this individual to small claims or is there Maryland law that is weird protecting me from that? Basically am I going to be short 3k?

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You aren't entitled to the fees and taxes. You also aren't entitled to the "destination charge".

That's what I was starting to figure so theirs really no point and taking the individual to court for it. I just have to chalk up the loss and deal with it.

It's going to be pretty difficult to total a 4 day old car, how bad was the accident?

ecmst12 said:

It's going to be pretty difficult to total a 4 day old car, how bad was the accident?

Click to expand...

That's is what I though and it actually did not cross my mind until a co-worker chimed in. The damage is not crazy extensive which it mostly effecting the B column and the end of the front passenger door and all the rear door. Both doors open but dont close correctly.

My co-worker mentioned that when a B column gets damaged it can lead to right offs as its considered part of the frame (provides the support for the roof and doors are hinged on it). I also did some searching and he is correct but to what extent it is damaged is left up to the body shop.

I am still waiting for the individual that caused the accident to give a statement to her insurance company so they can move things along. I am hoping its not a write off but need to make sure the car is repaired correctly. We will see what comes from this.

This is the first car I bough on my own and kinda of leaves a sick feeling in my stomach that its been beaten up already.

Don't listen to people that don't know what they are talking about. That can be repaired.

Is your co-worker an adjuster for that insurance company?