A friend of mine had a car accident. She was stopped at a red light and someone rear ended her and she then went into the car infront of her. Her brand new car (made one car payment), was totaled. The car that hit her has no insurance. The insurance company is paying the loan off and paying the tax for a new car. She is out the down payment (approximately 5K). Could she go to small claims or take the other driver to court to recoup some of her losses. Or is the car now legally the property of the insurance company and then she would have no claim to any proceeds. If someome could help please do so. Thanks
