If our car was damaged during a repossession, who do we file claim against – our lender or the towing company?

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If our car was damaged during a repossession, who do we file claim against – our lender or the towing company?

My boyfriend was behind by 2 payments on a small loan (less than $1500 left). He had been speaking with a woman at the bank to make a payment to catch up on the 29th. However, on the 28th his car was repossessed without any warning. Now the bank wants $1900 and that does not cover the towing company fees. Aside from this, his car was up on jackstands when it was taken (his father had been doing some minor tuneups to it). The towing company hooked up the the car and drove off without removing it from the jackstands. Now something is wrong with his car and it won’t move. Who do we file a claim against?

Asked on July 3, 2012 under Bankruptcy Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the car that you are writing about was damaged by the towing company during the car's repossession by its representative who towed it without first removing the vegicle from the jack stands, then the person who towed the vehicle and his or her employer would be liable for the repairs of the vehicle due to their negligence.

The claim would be filed against the towing company and its representative who towed the car improperly.


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