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.
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.
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