What are my rights if during the process of a recent repossession, my driveway was severely damaged with large gashes and cracks?

Is the repo company responsible for damages to the property?

Asked on November 20, 2015 under Business Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the repo company for the cost to repair your property. Any person who damages or destroys your property either negligently (that is carelessly) or intentionally is liable for the cost to repair that property. The fact that they were repossessing their car *only* gave them the right to take the car--it does not give them the right to damage anything else of yours. When the person who damages your property did so in the course of his/her job, then his/her employer can be liable for the damage, too, under the theory of "respondeat superior" (the "superior," or employer, must "respond," or answer or be held liable for, the employee's acts); that is the basis under which you would sue the repo company.

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