Yes, I agree it would be very interesting. Whether the OP would have any $ left after paying their legal expenses (assuming they even prevail to begin w/) would be even more interesting (as you had already mentioned).
And, even then, would the party to be sued be LAPD or Audi?
If the OP’s wife is fine and if they can afford to easily get another car, I would say that a “rational actor” would just let it go and let someone else go to the trouble of finding out the answer…
I guess the reason why this whole thing bothers me is that the whole point of insurance is to make the insured “whole” i.e. if I get in an accident get me a replacement that’s comparable (less deductible, etc.). So there is a bit of a paradox here in this world of inflated used car prices (which I think has never happened before?) I am unable to get a replacement car that is equal to what I was insured for. At least that’s what I would want an entrepreneurial lawyer to argue.
To be fair, Audi built equity into these cars unknowingly when we were giving them away. I’m thankful for the business it generated but thought it was a silly amount of rebates to throw at a car that should have been able to sell itself.
If we close this thread, we will be forced to look at the share deals thread that has a 3 series for 800 a month with 16k down, a civic for 350 a month and a kia for 450 a month. Those are far more painful to read than this.
After reading all your responses (thank you) and having spoken to a couple lawyer buddies, I’ve already written this off in my head. But I have one question to determine whether this was an expensive lesson (and I can blame myself) or if this was bad luck (and I can blame my wife or LAPD depending on the result of who’s fault it is): would I have even been able to exercise the option to buy after the insurance deemed it a total loss, or was I at the moment of the accident SOL?
You could have bought it out, failing to disclose the accident as you were obligated to do in your lease contract, and essentially committed insurance fraud. Would you have been caught? Probably not, but the potential consequences if you had been would have been very unpleasant.