Your Rights When a Repossession Company Damages Your Vehicle
Being behind on car payments is difficult enough without having to deal with additional damage caused during the repossession process.
Unfortunately, it’s not uncommon for repo agents to accidentally damage vehicles while towing them away.
If this happens to you, you should know that YES, you have legal rights to protect yourself, and I’m going to lay them out for you in this article
Table of Contents
Helpful Articles To Read on this Topic:
- 25 Things Repo Man Can or Can’t Do To Get Your Car
- How to Get a Repo Off Your Credit Report
- Car Repossession Loopholes
- The Complete Guide to Car Repossession
Assessing the Damage
The first step is to thoroughly document any damage done to your vehicle during the repossession.
Take clear photos from multiple angles, detailing every scratch, dent, or other issue. Make a written inventory as well, describing each point of damage in detail.
It’s important to show a difference between pre-existing damage vs new damage caused by the repo company. If possible, have a mechanic inspect the vehicle to provide an expert assessment and repair estimate in writing.
Understanding Your Rights
Under most state laws, repossession companies are liable for any damage they cause to a vehicle during the repossession process. They must exercise reasonable care and cannot commit a “breach of the peace,” which may include:
- Using physical force or threats
- Damaging your property (vehicle, garage door, etc.)
- Continuing repossession after you object
If the repo agent breached the peace or caused negligent damage, you may have grounds to seek compensation from the company.
Seeking Compensation
Once you have documented the damage, send a written letter to the repossession company detailing the issues and requesting reimbursement for repairs. Include copies of your photos, mechanic’s assessment, and repair estimates.
If the company refuses to compensate you fairly, you can take further legal action.
Consult with a consumer protection attorney, who can advise you on filing a lawsuit in small claims court or pursuing other solutions based on your state’s laws.
Conclusion – Protecting Your Rights
While dealing with vehicle repossession is undoubtedly stressful, it’s important to remain calm and know that you do have the right to recoup damage done during the repossession process.
Sources For This Article
- https://files.consumerfinance.gov/f/documents/cfpb_bulletin-2022-04_mitigating-harm-from-repossession-of-automobiles.pdf
- https://www.avvo.com/legal-answers/what-do-you-do-if-your-car-was-damaged-during-a-re-5904616.html
- https://ask-a-lawyer.lawyers.com/personal-injury/what-can-i-do-about-personal-propety-being-damaged-during-an-auto-repossession-1058040.html
