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Tags: car, company, damaging, our, property, repo, sue

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Can i sue a repo company for damaging my car and our property?
Old 04-21-2008   #1 (permalink)
berna t
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Can i sue a repo company for damaging my car and our property?

Our house is a 3 units gated apartment,all who lives here are my relatives. Our gate is remote controlled to open it and automatically close in a minute. At 1 am this repo guy jump on our 7 feet fence, opens my car (which i usually leave my remote to our garage gate) he used my remote to open the gate drove his truck inside the garage which barely fit in our garage and prepares to tow my car. when he was done doing his thing, He open the garage gate and drove so slow coz he really cant fit in our garage with his towing truck and my SUV at the back. He keeps on going back & front to be able to have space, in that way he accidentally broke our two side mirrors, and when he open the garage gate, he drive so slow that the garage is closing and hit the hood ,roof of my SUV. He also damage our Garage gate. Upon recieving there paperworks, that repo company is claiming that they did not damage anything which makes us pissed off.. I dont know what to do. Please help us!!
The repo guy damage our SUV's two side mirrors, hoodand roof of upon repossession and also damage our garage gate since it hit the top of our SUV
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Old 04-21-2008   #2 (permalink)
scott k
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I'm a bit confused. Did he damage the car he was re-possessing? or a different one?

Anyway. If he damaged your property, his company is responsible for any damage. Contact your insurance companies homeowner's/renter's and auto. Either has a contractual right/responsibility to act on your behalf to pursue settlement. They call it the right of subrogation. I'm kind of thinking the homeowner's/renter's insurance is the remedy since it happened on your premises.

If you don't have the appropriate insurance, you would need to hire an attorney to represent you and depending on the situation, could cost you several thousand dollars. You might have to decide if you can afford it and if it's worth it to pursue.
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Old 04-21-2008   #3 (permalink)
Fred C
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Check with the local constabulary. It was likely illegal for him to jump the fence, that is trespassing. If the car is in the open, it is fair game, but if it is locked up they normally can't enter without a warrant and a sheriff's officer present. Perhaps the threat of trespassing charges will get them to accept responsibility for the repairs.
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