What are my rights if my car was damaged when it was repossessed?

UPDATED: Sep 30, 2022

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What are my rights if my car was damaged when it was repossessed?

My car got repossessed 2 days ago due to being half a month behind. However, it was damaged.

Asked on September 30, 2016 under Business Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can file a property damage claim with the auto repossessor's insurance company for the cost of repairs to the car.
If the case is not settled with the auto repossessor's insurance carrier, you can sue the auto repossessor for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable auto repossessor would have exercised under the same or similar circumstances to prevent foreseeable harm).
Depending on the amount of damages (monetary compensation  you  are seeking in your lawsuit for negligence), you  may be able to file your lawsuit in Small Claims Court.  If you prevail, you can also recover court costs which include the court filing fee and process server fee.

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