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If you car is damaged while it is being repossessed who is liable for the damages the loan company or the repossession company?
Wiki User
∙ 16y ago
Sue them both, plus the driver, plus their respective insurance companies, and let the court find them "jointly and severally liable," so you don't care which one of them actually has to pay.
Wiki User
∙ 16y ago
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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 charges are usually included in the handling fee?
The handling fee is used to make sure that your package is not damaged in transport, shipment, or delivery. It's an insurance policy of sorts to protect against any potential damages.
Can a payday loan company take you to court for nonpayment and bad check in Arkansas?
I guess it all depends, I might say. the amount of money you owe may play a significant part of the equation. For every company that "threatens" to put you in jail or have you pay civil damages, there are those that so not follow this norm.
A civil case requesting monetary damages?
TORT
What is the difference between a direct equity claim and an indirect equity claim?
A direct equity claim is an owner's and shareholder's right to profits. An indirect equity claim is a shareholder's right to compensation due to damages received by the company the shareholder owns shares with.
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 do you do if a repossession company damages your property while seizing the vehicle?
You need very good proof it was not damaged before the repossession. Nearly impossible to do as he can say it was damaged when he got it (and he will, believe me).
Car was recently damaged then was repossessed what happens?
If car is wrecked or damaged BEFORE the repossion takes place they still take the car "AS IS". In some states you may be liable for the damages but others it is repo'd AS IS.
If your transmission was damaged during the towing of your repossessed vehicle which you recovered can you get the towing company or lender to pay for the damages?
Probably not. The risk was yours since towing was the logical next step for failing to meet the requirements of the loan. It was your failure to meet the requirements of the loan which led to the vehicle being repossessed which subsequently caused the vehicle to be towed. All the towing company needs to do is to prove that they used standard towing practices.
What types of damages can you recover in an action against the repossessor if he or she violated certain repossession laws?
IF they damaged your lawn, they will have to repair the damage. Fix the car if they broke it. beyond that, your attorney will advise you.
What if repossession agent damages RV or personal property during repossession under Texas law?
Then they're liable for the damages. You need to file a police report immediately.
What can you do if you have a clear title and your car gets repossessed?
If you have a clear title, you car can't be repossessed. Either the title isn't clear or the leinholder believes monies are still owed on the car. If the title is clear, show it to the company authorizing the repossession. If you truly had clear title and there were no leins or other encumberances and a judge didn't declare that the car was to be sold to satisfy OTHER debts, you can sue for damages. If you didn't owe money to the people who had the car repossessed, you should be able to sue them for LOTSA BUCKS, and you definitely should.
If your vehicle was damaged during repossesion is the repo company liable?
Yes. If someone damages your property, they're liable.
Who pays for a house damaged by a fallen tree?
Your Home Insurance company will cover the damages. Nobody is liable for an act of Nature.
Who is responsible for a vehicle that was repossessed and wreaked on the way back to the dealership?
who ever was in possession of the unit. I assume the repo company was in possession and if they are legit, They have more than enough insurance to cover any damages.
How can a person take a car away from someone who doesn't have auto insurance?
I assume you mean a repossession of a vehicle if you let your insurance cancel. When you purchase a vehicle and finance the cost of the vehicle you sign a legally binding contract. One of the terms in the contract is always that you must carry physical damage auto insurance payable to the finance company if the vehicle is a total loss or damaged. If you fail to keep this insurance you have broken the contract and the vehicle is subject to repossession and you may be sued for additional damages if the value of the vehicle is less than the amount owed to the finance company.
Can you file breaking and entering repossession in nc?
The question is unclear. If the repossession agent broke into a garage or other structure to secure a vehicle, then he is in violation of law, state and federal law. This being the case, you would do as you would for any other breaking and entering situation...call the police and file charges.Additionally, if this is the case, you would hire a civil litigator to file a claim in state and federal courts against the driver, anyone who was with him at the time, and the company that employs him for violation of the FDCPA (Fair Debt Collections Practices Act) and pertinent state laws. The federal law permits at least $50,000 in court cost, $50,000 in legal fees, and substantial punitive damages. Not to mention, a vehicle repossessed in such a scenario has been wrongfully repossessed and must be returned at no cost to you.If the vehicle was simply repossessed because you failed to honor the loan contract, then there was no breaking and entering, and you have no recourse.
