Wrongful Repossession

[Jenny1448]

My husband's car was wrongfully repossessed. Both of our cars our paid for, and one night a white tow truck pulled into our yard and started to repo the car. After we explained to him that he had the wrong car, he got out and checked the VIN. That is when we realized he had the wrong make, model, year, and color wrong. The only thing correct was the address. How they got the address is I'm guessing is from the previous owner as the house we bought we only bought a month ago. The police where called and that is when we noticed the car was smoking. He had smashed in the front end, crushed the radiater, smashed and condenser and no telling what other damage was done. Luckily our insurance paid for it, but the towing company was trying to say that it wasn't there fault. But aren't they supposed to check the VIN before repossession. They can't say it's a high crime neighbor because we live on a ranch with no neighbor in site. And they can't mix the two cars up because they look nothing alike. Does anyone know what the law says and what action we can take against this company.

Florida

 

[HighwayMan]

It's difficult to imagine that you didn't notice the damage to the car when you ran out to confront the tow driver.

What kind of action would you like to take and for what purpose? You were compensated by your insurance company. Did you inform your insurance company about the circumstances? THEY are the ones who would be in a position to sue the tow company, not you, since they paid out the claim.

 

[justalayman]

If your insurance paid for the damages, let them go after the tow company if they wish to reclaim their money. Other than that, move on with life. It's done and over with (the tow truck incident, not your life)

 

[Jenny1448]

Thank you

Yes insurance is paying for the damages done. But also is that not a breach of peace. Isn't it illegal to just come into someone's property and take a car they own outright. Plus isn't it the law to check a VIN before repossession a car so that mistakes like this doesn't happen. I'm not a sue happy person, never have sued anyone before, but this just seems very fishy. Doesn't a tow truck supposed to have stickers on their truck saying who they are? Sorry for all the questions.

 

[LdiJ]

Yes insurance is paying for the damages done. But also is that not a breach of peace. Isn't it illegal to just come into someone's property and take a car they own outright. Plus isn't it the law to check a VIN before repossession a car so that mistakes like this doesn't happen. I'm not a sue happy person, never have sued anyone before, but this just seems very fishy. Doesn't a tow truck supposed to have stickers on their truck saying who they are? Sorry for all the questions.

He attempted to steal the car. He didn't do it maliciously, but that is what he did. If the police chose to treat it as an error rather than a true theft, there is nothing you can do about that. The damage to the vehicle is a civil matter...because again, it wasn't done maliciously. However, if I was the one who hired that repo guy, I would certainly want to know just how bad he messed things up.

 

[Jenny1448]

Thank you

Thank you. I feel it was done in error, maybe the guy was very tired, but how do you get an elentra (our car) mixed up with a nissan sentra. I think I will seek an attorney and see what we can do.

 

[not2cleverRed]

He attempted to steal the car. He didn't do it maliciously, but that is what he did. If the police chose to treat it as an error rather than a true theft, there is nothing you can do about that. The damage to the vehicle is a civil matter...because again, it wasn't done maliciously. However, if I was the one who hired that repo guy, I would certainly want to know just how bad he messed things up.

I agree. The point of repossessing a car is to recoup loses. Even if it were the correct car, damaging it that much in the process of a repo diminishes its resale value.

 

[Zigner]

... I will seek an attorney and see what we can do.

"Do" about what? You are being made whole. Why throw money at this?

 

[STEPHAN]

Somebody made a mistake. When do you last make a mistake?

Move on.

 

[coolmaltese]

Be sure to report this to the governing agency in Florida which is the Department of Agriculture and Consumer Services, Division of Licensing. Recovery agents must be licensed and have specific guidelines that must be followed and this mistake needs to go on their record. Recovery/repo agents need to do their homework and confirm the car they are taking is one they are legally entitled to take. Otherwise it is theft.