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barb, you will need to prove that the repoman pulled your car in park. Why??? Because he could have unlocked the door, opened the hood and pulled the shift cable off, then put it out of gear. That only takes about a minute and a half. The fact that it was 2 weeks before it broke makes me at least wonder. However, the LENDER is ultimately responsible for any damages incurred during and after repo.
The tow company is responsible for any damage incurred during and after while it is in THEIR possession.
I am very curious to who "Roosta" is and wherein he has received his knowledge of Repossessions? Barb, I would check your local state statutes and also your contract. Contrary to what you are being told the repossession company or finance company are not responsible for the damage unless they were PURPOSEFULLY NEGLIGENT. Most State Statutes would call your situation "An Asumption of Risk". In otherwords, you assume the risk of possible damage by allowing yourself to be put in a position to be repossessed. As far as my knowledge? I own a repossession company, sat on our state association board for 2 years and average 150 repossessions a month. Be cautious who you take advice from.
by roostaI don't know when you posted this, but if you see it, feel free to email me wonk at 14ma dot com. Do you think the opposing counsel will not show the repo company PURPOSELY NEGLIGENT for pulling a car in park??? Once you hook the car, YOU assume responsibility for damages. That's why Prime, ect. make money. Repo companies that cant/wont invest in equipment to do the job properly. As to your other point about the lender, the lender is the one who ordered the repo, so they have to pick up the ball if you fumble it. Thank you for your reply.
I own a repo company and on our repo order we have what is called a ''''hold harmless agrement'''' witch is a legal document stating that the lender gave me permition to repo a vehicle and will be held harmless for and against any and all claims,losses,and actions, except unlawfull acts of our firm. Which means the lender hired us as a contractor to recover the said vehicle and not be held responsible but the lender is. But don't count your chickens yet.. This is lenders we are talking about and they don't want to pay for anything, so in your contract you signed when you bought your car it probobly says that if this happens you will be the one to pay for it because you are in default of a signed contract.
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If your car was hit and damaged during repossession what rights do you have?
CALL a local attorney NOW.
If your car is damaged while it is being repossessed who is liable for the damages the loan company or the repossession company?
The LENDER is responsible for every detail of a repossession. They may pass the costs of repair on to the repo company.
What should you do if the car was damaged while wrongfully repoed?
Every state requires repossession agents to carry insurance. If the vehicle is damaged during a repossession or especially a wrongful repossession, the agency that secured the unit must have it repaired at their own cost, or as a matter of insurance claim. Remember, do not sign for acceptance on the repairs until you are absolutely satisfied that they have been done properly.
What are ny state car repossession laws?
If my car is repoed and the car is not worth as much as I owe am I responsible to pay the differance?
Your car was inappropriately repossessed and returned It has driven oddly since then The tracking arm is bent the mechanic says the repo guy did it No one is taking responsibility What do you do?
If the car was damaged during the repossession, then take the tow company to small claims court. You better have written proof from that mechanic that they damaged the car our you will loose.
If you owe money on a car your insurance has expired and you damaged your car you are going to call the bank for a voluntary repossession can they sue for damage?
CAN & WILL. Good Luck
If you have a car repoed in South Carolina do you have to pay the remaining balance of the loan?
Yes. Additionally, you will be responsible for any late fees, repossession fees, storage fees, transportation fees, and legal fees and court cost incurred during the repossession process.
Where do you get car repossossion permit?
who is allow to do Vehichle/car repossession? when is a vehichle/car repossession not allowed? whats the minimum insurance needed for car repossession?
If two buyers are listed on car contract but no co-signer is listed will second buyer be responsible in repossession?
ANYONE who's name is on the loan contract is responsible for the debt. Who will sell someone a car and that someone NOT be responsible for paying?? NOT ME LOL
Towing driver damaged car repossessing it so who is responsible?
Towing driver.
How do you write a car repossession letter?
How do you write a car repossession letter?
What is legal during a car repossession in Ohio?
NONE OF THE ABOVE. Call an attorney ASAP.
