You've probably heard of what I've heard called the Pottery Barn Rule: "You break it, you bought it." Something similar applies to repossessors and banks. If the repossessors damage the vehicle or any property during the taking of the vehicle, then they are liable for the damages. Such damage makes it an unlawful repossession.
I've received several calls recently involved damage caused during or after the repossession. In one case, everyone - the Bank, the repossessor, the repossessor's insurance company - admit that the vehicle was damaged after it was repossessed. In fact, they all admit that the vehicle was totaled.
But you're never going to believe this. The bank, repossessor and the repossessor's insurance company insist that the insurance money should go to the bank. So the bank's agents destroyed the vehicle, and the bank demands that its agent's insurance company pay it for the loss. And they refuse, of course, to compensate plaintiff in any way for the loss of the vehicle.
But you're never going to believe this! The consumer was not told about the damage when she worked out a reinstatement and paid the bank to get the car back. The consumer did not find out about the damage until she went to the auction to pick up the vehicle and was shocked when she saw it.
The second consumer saw her vehicle being damaged as the repossessor dragged it sideways out of the parking spot and rammed it into the adjacent vehicles. Plaintiff worked out a deal to get the vehicle back, which did not include any waiver or release of her claims for the damage. Yet the bank and repossessor still refuse to compensate the consumer in any way.
This is just banks being banks and repossessors being repossessors. They know that unlawful repossession victims often find themselves in desperate situations. They know that unlawful repossession victims are facing with many stressors. They try to use this against them -- to out wait them. They know that most will simply give up and go away. Don't be one of those victims.
If you think you or someone you know has been the victim of an unlawful repossession, then you or they should contact a qualified attorney right away.