Who is responsible for damage to a vehicle during a repossession?


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2008-03-31 02:01:09
2008-03-31 02:01:09

the person the vehicle was leased to is responsible as they are the ones that have caused the vehicle to need to be repossessed.

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The LIENHOLDER is ultimately responsible for anything that happens during a self help repossession.

The person causing the damage is usually responsible, and that would be the hook driver, or his employer, or both, assuming the "someone else" did nothing to interfere with the repo.

No. You can not be pulled over or forced out of your vehicle during a repossession. It has to, by law, be accomplished "peacably."

Regardless of who the agent is that actually repossesses a vehicle the responsibility will remain with the agency that actually accomplished the repossession, however, the Creditor is ultimately responsible for the actions of the agents that they assign an account to. The assigning agency, if they had no actual part in the repossession will probably not be responsible.

Well, first, you'd have to explain how the repossession was illegal. There really isn't any such thing as "illegal repossession"... repossession is a legal process by which a lien holder can recovery property which does belong to them in response to a delinquency of payment or violation of the contract.A vehicle which has no grounds for repossession but was taken was not repossessed - that's theft, plain and simple, and if that's the case, then you'd file a police report, an investigation would commence, arrests would be made, and you'd either recover your vehicle or get an insurance payment if the vehicle was unrecoverable. I'm guessing that's not the case, since you're asking this question here.State laws on time which a delinquency must continue for before seizure of assets can be made varies by state... if this law was violated, then you're going to have to lawyer up and take the legal route against the lienholder (the repossessor is not liable in this instance, as they are contractors following the instructions of the lien holder).A criminal act on the part of the repossession agency has occurred if...A locked gate is breached in the course of the repossession.A secured building is unlawfully entered in the course of the repossession.A vehicle other than the one being repossessed was entered without permission during the course of the repossessionProperty damage occurs during the course of the repossession.In the case of a commercial vehicle, a cargo payload is taken with the vehicle.A trailer attached to the repossessed vehicle which itself is not up for repossession is taken with the vehicle.In those instances, a police report needs to be filed. However, if the repossession itself is legit, that still won't get you the vehicle back.

no, you are not responsible in anyway for anything that a thief does with your vehicle during the time the thief has your, since it was uninsured you of course have no coverage for any damage etc. to your vehicle but contact the pros. atty in your city (assuming thief was caught) and ask for restitution...........

Repossession of what? Who? The repo agent?

Same as any other repossession, CALL the LENDER. Work something out.

That is an act of Nature. No one is responsible (liable) for an act of Nature. Your homeowners policy will not cover it. The comprehensive portion of the vehicle owners Auto Insurance policy would have to cover the damage.

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.

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.

Unlikely. You should contact a local attorney with specific information on your concern.

No, the repossession agency must return your personal property undamaged. Usually you have to go pick it up. If your property is damaged, the agency should have insurance.

No. They're not there to collect money, they are there to reposess.

We inspect the chassis & panels for rust, dents, scratches and accident damage

Weather doesn't matter. Your HomeOwners Insurance would be responsible for those damages.

No you cant be taken to jail for that you have done no crimes at all it is not a crime not being able to pay your car even if you do it on purpose, not paying for the vehicle. Other wise allot of people would be taken to jail especially now with the economy down.

We inspect the chassis & panels for rust, dents, scratches and accident damage. .

Then they're liable for the damages. You need to file a police report immediately.

Unfortunately, not much. The obvious prevention would have been to keep current on the payments. Being towed is just the logicl consequence of the previous actions.

NONE OF THE ABOVE. Call an attorney ASAP.

Mark, you should be prepared to PROVE any recent damage to your vehicle. Scamming to repo comapny about 'damages" is old news. I'll admit, it DOES happen. But not as often as you might like to think. Usually, when someone comes to P/U a repoed car screaming damage, you KNOW they have been primed by the scam artists. The wheel lift trucks in use today are designed for DAMAGE FREE towing. Good Luck Do not waste your time and energy with the repo they are agents for the lenders sue the lender either in small claims or with a lawyer. At least you will bring the lenders attention to the scum they employ.

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