Towing Issues: REPOSSESION, wheel drive car, repo company


Question
MY CAR WAS REPOSED,THE CAR GOT DAMAGED WHEN THEY REPOSED THE CAR.FRONT WHEEL DRIVE CAR GOT PULLED OUT OF THE YARD FROM BACK BUMPER AND DOWN THE STREET.TIRES GOT FLAT SPOTS IN THEM ,AND ONCE THEY GOT IT OUT THE YARD HOOKED UP TO THE FRONT BUMPER.WAS NOT A FLAT BED TRUCK IT WAS A REGULAR TOW TRUCK.BROKE MY FOG LIGHTS,HEADLIGHTS,BENT THE FRONT BUMPER,AND THE HOOD A LITTLE BIT.GOT THE CAR BACK,ADDRESSED THE FINANCE COMPANY ABOUT THE DAMAGES.SAID THEIR WAS NOTHING THEY COULD DO ABOUT IT.IS THAT TRUING MOBILE,AL?

Answer
Well, the Repo field is one where I really do not know all the answers, but I have seen and heard from many people I know in the industry that there is a different attitude in towing the vehicle.

"JUST HOOK IT ANYWAY YOU CAN AND WE WILL DEAL WITH IT LATER"

 or

"GRAB IT AND WORRY ABOUT DAMAGE CLAIMS LATER"

tend to be the normal practice in the business

That being said, if the vehicle is damaged during the repo, then the repo company is responsible for the repairs to the vehicle as a general rule. Think what a judge would rule here as they are supposed to be professionals and not destroy the vehicle which in turn lowers the value of the collateral which the finance company is collecting payments on.
If you did not redeem the vehicle and it went up for sale to attempt to collect as much as possible of the debt for the finance company, a damaged vehicle will sell for less than an intact vehicle.

Now as to using a flatbed tow truck to do repo's, it depends on the company and what they have. But a flatbed will take several minutes to load the vehicle, while some "self loading tow trucks" can take the time it would take you to shift the transmission from reverse to drive, to get the vehicle loaded and moving. And then there are some trucks which are older styled and still use the "sling and repo pins" for getting the vehicle. Those would tend to damage more vehicles than others would.

As to flat spotting the tires, you are correct in the fact that happening if it was dragged out of a space and then rehooked and towed away.
I am thinking that this is a front wheel drive vehicle or even a 4 wheel drive vehicle, and it was nosed into where ever it was parked.

Now as to what to do, you do have the option to take this issue to small claims court to recover any damages to the vehicle, and as to who to sue. There is the theory of "Sue everyone, let the judge decide who pays" which tends to work.

The finance company should use someone who cares about the job and does it professionally with proper equipment and insurance. If they decide they are not responsible then include them in the case. The repo company should "make the vehicle whole again" and return it to the condition it was in prior to them touching it. This can be done via their insurance company paying for the repairs, them just paying for it to be done, or the judge ordering them to do it.

Document everything, get lots of pictures of everything, including the tire marks if they are still there and visible. Talk to everyone involved, keep good notes, send letters if you have to "CERTIFIED, RETURN RECEIPT REQUESTED" to them.

Get estimates from several body shops as to what it will take to repair the vehicle, and heck you might even talk to your insurance company about the damages as they might be able to help you with this.

Good luck and hope this helped.