What are my rights if during the process of a recent repossession, my driveway was severely damaged with large gashes and cracks?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.