Should I sue the Finance Company or the Towing Company? HELP!

What is the name of your state?Cincinnati, OH
My car was repossessed by my finance company, rightfully so. During the repossession it was towed improperly. It's a 4x4 and since the repo guy didn't have keys he should have towed it on a flat bed. Instead, he just lifted the front 2 tires and towed it, which resulted in a broken drive shaft among other things ($1500.00 to repair). I have a statement from my mechanic that clearly indicates that this is a direct result of the truck being towed improperly. Contacted the finance co. and they say they are not responsible even though the tow guy works for them. They say I have to take it up with him, all they gave me was a cell phone # and a first name for the tow guy. He refuses to give me an address so I can sue him in small claims. The finance co refuses to provide additional details about him. Should I just sue the fianance co in small claims, or hire a lawyer to hunt the tow guy down and sue him in Municipal Court?????

Tasha1223 said:

What is the name of your state?Cincinnati, OH
My car was repossessed by my finance company, rightfully so. During the repossession it was towed improperly. It's a 4x4 and since the repo guy didn't have keys he should have towed it on a flat bed. Instead, he just lifted the front 2 tires and towed it, which resulted in a broken drive shaft among other things ($1500.00 to repair). I have a statement from my mechanic that clearly indicates that this is a direct result of the truck being towed improperly. Contacted the finance co. and they say they are not responsible even though the tow guy works for them. They say I have to take it up with him, all they gave me was a cell phone # and a first name for the tow guy. He refuses to give me an address so I can sue him in small claims. The finance co refuses to provide additional details about him. Should I just sue the fianance co in small claims, or hire a lawyer to hunt the tow guy down and sue him in Municipal Court?????

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My response:

You have no legal standing to sue. What makes you think you can sue? What makes you think you should sue?

Plain and simple, the car isn't yours. You can't sue for damages concerning property that doesn't belong to you. If anyone has "standing", it's the finance company - - because they are the owner of the vehicle.

IAAL

What?

Sorry if I didn't provide enough details, but I've gotten my car back by bringing the payments up to date. So the car is now in my possession, but since it was damaged -- I can't drive it. So now I have a car that I'm responsible for payments on that isn't drivable because the tow company screwed it up.

Tasha1223 said:

Sorry if I didn't provide enough details, but I've gotten my car back by bringing the payments up to date. So the car is now in my possession, but since it was damaged -- I can't drive it. So now I have a car that I'm responsible for payments on that isn't drivable because the tow company screwed it up.

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File a lawsuit against the towing company. Of course, you are going to have to play investigator and find out who and where they are.

Tasha1223 said:

Sorry if I didn't provide enough details, but I've gotten my car back by bringing the payments up to date. So the car is now in my possession, but since it was damaged -- I can't drive it. So now I have a car that I'm responsible for payments on that isn't drivable because the tow company screwed it up.

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My response:

You never DID say why you failed to give the keys to the tow driver. I'm sure he asked you, and you refused to do so.

At the time of the tow, the vehicle didn't belong to you. You have NO cause of action. All because you re-bought a bad vehicle, doesn't mean you have any cause of action against anyone.

IAAL

sue the finance company. the tow truck driver was the agent of the company and his negligence is imputed to the finance company.

Believe me, once you sue the finance company they will give you the name and address of the tow guy.

You can also file a claim with your insurance company for the damage.

Thanks for the advice!! I filed a small claims suit against the Finance company today. I spoke with a lawyer and he said I absolutely have a case, and he would find the tow guy and sue both him and the finance company and have them duke it out over who's responsible for the damages.

To Litigation -- I hope you're not a lawyer because you don't comprehend the scope of someone's issues with the details they provide in the forum. You asked why I didn't I give the tow guy the key -- well obviously you're not familar with repo's. They come in the wee hours of the morning, and in an effor to get out of shooting range they hook your car as fast as possible and drag it away. They don't care about doing things the right way because they get paid once they deliver the vehicle. Repo'ing is a very very dangerous job -- I can't believe you think they knock on your door and ask for the keys -- if it were that easy repo guys would be out of business!

Tasha1223 said:

To Litigation -- I hope you're not a lawyer because you don't comprehend the scope of someone's issues with the details they provide in the forum. You asked why I didn't I give the tow guy the key -- well obviously you're not familar with repo's. They come in the wee hours of the morning, and in an effor to get out of shooting range they hook your car as fast as possible and drag it away. They don't care about doing things the right way because they get paid once they deliver the vehicle. Repo'ing is a very very dangerous job -- I can't believe you think they knock on your door and ask for the keys -- if it were that easy repo guys would be out of business!

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My response:

I am a lawyer. Watch what happens to you in court! If you're honest, you'll come back to tell us the results, and why the judge ruled as he did.

You see, I predict that the judge will ask you the same things as I have. You could have mitigated the damages to the vehicle by giving the keys to the tow person, but you didn't. You were more interested in attempting to unstrap the vehicle from the tow truck. I am absolutely sure that he asked you for the keys, but you refused. And, that's what the judge will believe.

Additionally, you were the one who caused the damages - - not only because you refused to give the keys to the tow driver, but also because you failed to pay for the vehicle; i.e., If your payments were on time, and current, then there wouldn't have been a repossession in the first place.

So, I predict you'll lose the case.


IAAL

Add the tow truck driver and company to your small claims... there is a term you use when you can not identify them to still make them part of the suit so when the judge gets it he can order the finance company to name them so they can be served. It is also to perserve your statue of liminations.

There is nothing in the law that says a trow truck driver has the right to damage your car just because you refused to give him the keys if in fact this did happen. He is a professional and should have known how to properly tow the vehicle and it is what a reasonable person would think and expect.

You are suing these people for the damage that occured during their lawful repossession, not the repossession itself so I would think you should not ahve a problem. The repossession itself should not be an issue...

Litigation! said:

My response:

I am a lawyer. Watch what happens to you in court! If you're honest, you'll come back to tell us the results, and why the judge ruled as he did.

You see, I predict that the judge will ask you the same things as I have. You could have mitigated the damages to the vehicle by giving the keys to the tow person, but you didn't. You were more interested in attempting to unstrap the vehicle from the tow truck. I am absolutely sure that he asked you for the keys, but you refused. And, that's what the judge will believe.

Additionally, you were the one who caused the damages - - not only because you refused to give the keys to the tow driver, but also because you failed to pay for the vehicle; i.e., If your payments were on time, and current, then there wouldn't have been a repossession in the first place.

So, I predict you'll lose the case.


IAAL

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Actually in Ohio they do NOT have to ask for the keys. They do not have to. They can come in the middle of the night and tow the car without permission from the person who has it provided they do not enter garages (breaking and entering) and they do not disrupt the peace. If an owner comes out and tells them to leave then they must leave and cannot take the property at that time. Hence must repossessions of vehicles are done in the middle of the night when the owners are sleeping.

Thanks for the advice! Does anyone know what the term is that can require the finance company to name the tow driver?

There is no term. Once their representative appears in court they will have no choice but to provide the name of the tow driver and/or his company. They will try and blame it all on the tow driver.

your response is that the tow driver was an "agent" of the finance company and the actions of the tow driver are the responsibility of the finance company as if the finance company itself was the one towing your truck.

stephenk said:

There is no term. Once their representative appears in court they will have no choice but to provide the name of the tow driver and/or his company. They will try and blame it all on the tow driver.

your response is that the tow driver was an "agent" of the finance company and the actions of the tow driver are the responsibility of the finance company as if the finance company itself was the one towing your truck.

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My response:

The tow driver was, more than likely, an independent contractor, and not an agent; e.g., not an employee. The principle is not liable for the acts of it's independent agent.

This is another reason why the writer will lose the case.

IAAL

My further comment:

Stephen, presume that the tow driver is an independent contractor (which most are). Please explain the vicarious liability attaching to the principle. Please discuss the personal safety and public safety non-delegible theory you have for your, I believe, misguided response to the writer.

Lastly, in Small Claims court, how is the writer supposed to discover whether the tow driver is an agent or an independent contractor?

Waiting.

IAAL

that isn't the poster's problem since the poster is just trying to get the name and address of the tow driver.

Repossessors, if legitimate, are regulated by the state. they must be licensed and registered. that way they aren't arrested for vehicle theft when the car owner reports the car stolen. they also have to take a test regarding the limits of their actions in trying to retrieve a vehicle.

Finance company can be on the hook since they ordered the repossession with instructions on getting the truck and where to take it, and use this same guy for other jobs (according to poster) which may make him an employee. (I have represented repo guys in the past)

The tow driver, when sued, will claim he is an employee of the finance company in order to avoid paying money for damaging the property of the poster (and also the collateral of the finance company).

At the small claims hearing, the poster should ask for a continuance of the hearing in order to bring in the tow truck driver as a party. therefore, the court will have all of the relevant people present.

There is no public policy exception for the finance company or tow truck driver in damaging the property. In fact, the repo guys I represented were sued for the damage caused when they improperly towed vehicles. They were covered under the liability polices of the companies that ordered the repos.

Repo people can ask for keys to the vehicle if instructed by the finance company. Typically the finance company has already been in contact with the car owner regarding possible repossession and they will tell the repo guy if the owner is agreeing to the repo or is waiting with a shotgun. If the latter, the repo guy will just hitch and run with the vehicle.