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Home > Law > Small Claims   »   Powerful Theives in the Auto Buisness. who dares to take them on.

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Old Jan 25, 2008, 12:18 PM
Dspring1985
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Powerful Theives in the Auto Buisness. who dares to take them on.

I was wondering how to go about my boyfriends car got repossesed, and he was told he had 21 days to get the money to the bank, so that he may get his car back. He paid the money in 16 days. The bank gave us the run around for about 2 weeks, and finally about 2 week later they released the title to him we went to pick up the car. When we went to pick up the car we noticed they had stripped his car. (He has a supercharged car, with tv's and a new engine and a NOS tank) They took all the TV's out, and replaced his in dash DVD player with a regular factory radio. They also took his hand made leather seat covers, and cracked his body kit. They keyed the drivers side doors, and they took off 2 of his rims. We took pictures of the car and the way it was when we went to pick it up. We did not take the care from the yard because that was not the way they took the car. He is very upset and we was wondering if anyone knew what to do next. He reported to the Insurance Company but they only offered to take care of the body kit damage and the scratches. if any one has any insight please let me know we were wondering if we should hire a lawyer or if we can just take it to small claims. But who do we take: The Tow Company..... The Bank who ordered the car to be taken to the auction even after payment ....... or The Auction who said it was like that before the car came into their possesion. Everyone is pointing the finger at each other......



Sincerely,
Screwed......

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Old Jan 25, 2008, 01:59 PM   #2  
twinkiedooter
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Did he have comprehensive insurance on the car? If he did, then what they did to his car while at the yard was considered valdalism and the insurance company should pay.
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Old Jan 25, 2008, 02:17 PM   #3  
JudyKayTee
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Originally Posted by twinkiedooter
Did he have comprehensive insurance on the car? If he did, then what they did to his car while at the yard was considered valdalism and the insurance company should pay.


I believe the insurance company has already agreed to pay just a small portion.

I would say - if you're talking Small Claims - that both the tow company AND the storage yard would be Defendants. You would take your before and after photos (which I believe you said you have) and your damage/restoration estimates.

In theory the Bank should have provided a safe tow and safe storage but I doubt if they are responsible, having subcontracted both out. However, I'd throw the Bank's name on, too - if that's not right, let a Judge throw it out.

Sounds like a nightmare and like someone taking advantage of your BF - to say nothing of destroying his car!
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Old Jan 25, 2008, 02:29 PM   #4  
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The insurance company wimped out if he had comprehensive insurance which would have covered theft and vandalism to the vehicle. I have comprehensive coverage on my vehicle and I reiterated with my agent all possible scenerios where my car would be covered and she agreed it would be covered no matter what circumstances, fire, theft, vandalism, tree falling on it, keying of paint job, etc no matter where it was parked.
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Old Jan 25, 2008, 05:10 PM   #5  
Fr_Chuck
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It would appear that the added extras, TV may have been considered as not installed items, and when you said they put in another radio, most likely they just did not beleive you.

But you basicly sue the tow company and the storage yard that had physcial custody of your car.
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Old Jan 26, 2008, 08:02 AM   #6  
froggy7
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It would appear that the added extras, TV may have been considered as not installed items, and when you said they put in another radio, most likely they just did not beleive you.

Quite often insurance does not cover non-standard equipment, unless you get a specific rider for it. Let this be a warning to others to make sure that any fancy extras you get are in fact covered by your insurance!
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Old Jan 26, 2008, 01:13 PM   #7  
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Quote:
Originally Posted by Fr_Chuck
It would appear that the added extras, TV may have been considered as not installed items, and when you said they put in another radio, most likely they just did not beleive you.

But you basicly sue the tow company and the storage yard that had physcial custody of your car.



Worked today, talked to an insurance agent and he brought up an interesting question which he going to research - if you haven't made your car payments and your car has been re-poed does it still belong to you OR does it belong to the re-po guys? So is your insurance even in effect?

If you're re-poed you don't have to sign a Title over or anything ... I don't really know but it's an interesting question (or so I thought).

He also said his companies most definitely will NOT insure other than the equipment on the car when you purchased it and they must be made aware of all of that equipment at the time the policy is written.

Just one man's thoughts -
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