Repossessing a car takes place when an auto lender obtains a court order to take back your car due to your failure to pay on the loan. While repo workers have a court order, they are not government officials or law enforcement agents. Unfortunately, many recovery agents use underhanded tactics to manipulate the law and trick or intimidate the borrower into giving up their car. These tactics include violence in the form of threats and physical assault. In the worst cases, a repo man may threaten you with a firearm, which can have deadly consequences.
Have you been injured during an illegal vehicle repossession, or lost a loved one due to the actions of a repo company employee? If there was a breach of peace that violated your rights as a consumer, you are entitled to monetary damages from the repossession company. We can advise you of your rights and legal options during a free case review. Contact Normandie Law firm and speak to a repo-company injury lawsuit lawyer.
What is a Breach of Peace by a Car Repo Company?
A breach of peace refers to any act that can lead to violence or a public disturbance. This may surprise you if you’re used to watching YouTube footage or TV shows about repo companies. Loud arguments, threats, and violence seem commonplace in these situations, and this is unfortunately true. However, most of the incidents you see on shows like “Operation Repo” involve threats and intimidation by the car owner, which can’t be blamed on the recovery agent. What you don’t see are the many cases of harassment and assault and battery that are committed by the repossession company.
Our Recent Verdicts and Settlements
$2.5 Million
$1.1 Million
$1.5 Million
$600,000
$525,000
$734,851
Examples of breach of peace by a car repo-company include:
- Use of violence, such as physical force or threats of physical force (assault and battery).
- Use of a weapon, such as a gun or knife, to intimate the car owner.
- Trespassing on to the borrower’s property or private property for the purpose of repossessing a vehicle.
- Taking the vehicle when the owner objects before the car is hitched to a tow truck. At that point, all repossession efforts must stop immediately.
- Breaking into a closed garage, fenced yard, or any locked space without permission from the car owner.
- Impersonating a police officer, calling the police, or threatening to call them during a repossession. The only exception is if the recovery agent is in imminent danger of their lives (the borrower threatens to shoot them, for example).
If you believe that a breach of peace occurred while your car was being repossessed, please give us a call us right away. A car repossession company injury lawsuit lawyer can fight for your rights, including compensation for your harm and suffering.
Can I Sue if I was Attacked while my Car is being Repoed?
Yes, if you were the victim of violence by a recovery agent while your car was being repoed, you can sue the repossession company for your financial and emotional damages. A court order does not give these companies the right to assert physical force, nor can they take your car if you object before it gets hooked up to a tow truck. If you were threatened by a repossession agent or physically assaulted in any way, you have the right to seek compensation for injuries during an illegal repossession.
Here are the damages you may be entitled to from a personal injury lawsuit against the repossession company:
- Medical expenses (current and future medical costs)
- Pain and suffering
- Lost wages
- Mental anguish
- Property damage
- Legal fees
- Punitive damages
We can also assist you with monetary losses and loss of personal items after your car was taken away. For example, you must be sent a Notice of Seizure and an itemized list of your personal belongings. You have up to 60 days to retrieve your belongings before the company gets rid of them. Additionally, consumers have to be sent a pre-sale notice within 60 days of the repo, which explains the terms that will allow the consumer to redeem the vehicle. If these procedures are not taken by the lender, the consumer may be entitled to compensation under the Fair Debt Collection Practices Act (FDCPA).
Can I Sue if my Family Member was Killed by a Repo Man?
You may be entitled to compensation if your loved one died as a result of an illegal repossession. If your family member was shot with a gun, beaten up during a repo, or suffered some other form of violence and died from their injuries, we can help you receive justice through a wrongful death lawsuit. This type of injury claim includes the following damages:
- Funeral expenses
- Medical costs
- Pain and suffering
- Loss of expected income and benefits
- Loss of consortium
- Legal fees
An unexpected, violent death causes emotional trauma and financial losses that surviving family members are left to deal with. These burdens should not be yours to bear when another party is responsible for your loved one’s passing. To learn more about the recovery process for a wrongful death lawsuit, please schedule a free consultation with one of our attorneys.
Average Case Value for a Repo Company Vehicle Repossession Injury
The value of a personal injury case largely depends on the extent of your injuries, which can be very serious when a car repo spins out of control. Injuries from being punched, kicked, falling down, or being shot / struck with a weapon can cause lifelong health complications, and even death. As a result, settlements of $500,000 and above are not unusual in these cases. Depending on the degree of injury and negligence by the company, case values can exceed $2.5 million.
Wrongful death cases are also quite valuable, since you have to consider a family’s future losses due to the passing of their loved one. Loss of the person’s love and companionship, their future wages, and loss of healthcare, pension, and other benefits may be worth millions of dollars. A wrongful death lawyer at our office will build a strong case for the misconduct that led to your loved one’s death.
Statute of Limitations for Injury and Wrongful Death Claims
For a case of assault and battery, you have two years to seek compensation from the date of the accident or the date of death. The courts are generally unyielding when it comes to the 2-year statute of limitations for these lawsuits. Extensions may be granted in rare circumstances, like if you are physically or mentally incapacitated to the point where you cannot take legal action. However, you would have to prove an exception to the court’s satisfaction, which is extremely difficult to do. That’s why it’s essential to contact us and take immediate action on a claim for assault and battery during a vehicle repossession.
How long do these Cases take to Settle?
We know how important it is to settle your case and have access to the funds you are entitled to. Depending on the extent of your injuries, a claim may be settled in just a few months. However, these incidents often lead to serious harm, to the victim’s mind as well as their body. Admitting fault in a criminal situation is not something most repo companies do willingly, so the back and forth process of negotiating a settlement can take 12 to 18 months. However, there may be a point where negotiations are no longer possible and a lawsuit is necessary to protect your right to compensation. Once that happens, recovering your payment can take 2 or more years.
Second Opinion on Active Claims
If you have an active illegal repossession injury claim, you may be having issues with the way your case is being handled. If you are dissatisfied with your attorney’s work or feel uncertain about the advice they’re giving you, we can assist you with a second opinion at our law firm. This is your opportunity to receive an honest assessment of your claim with one of our legal experts. Once you are aware of your legal options, you may be interested in switching your lawyer, which we can take care of on your behalf.
If you join our family, you can count on the lawyers of Normandie to fight for your rights and keep you informed of everything that’s going on with your case. We will never leave you hanging when you call us, nor will we disappear when you are in need of advice and encouragement.
However, finding a new lawyer is never a simple decision, and there is no pressure at all to retain our services. The consultation is 100% free, so contact us and schedule a time to speak with a vehicle repossession company injury lawsuit lawyer
Schedule a Free Case Review
Negligence and misconduct by a repo company can have serious consequences for the car owner, as well as innocent bystanders. That’s why there are breach of peace laws, which prohibit the use of disruptive or violent actions for the purpose of repossessing an automobile. Unfortunately, recovery agents often use underhanded, dangerous tactics to take possession of a car. If you or your loved one was the victim of assault and battery while your car was being repoed, please learn about your legal rights from the illegal repossession lawyers of Normandie.
Our lawyers have the skill and experience to prove the repo company’s liability for your injuries. We will take swift and decisive action on your claim and ensure that you receive maximum payment for your harm and suffering. Furthermore, you won’t pay us a dime for any of our services under the Zero fee guarantee. When you are the victim of someone else’s negligence, you should not have to worry about the cost of legal fees. We recover our expenses as a part of your settlement, meaning it’s the repo company that pays us, and that’s only if we win your case.
Our attorneys look forward to fighting for you and obtaining the damages you deserve. Contact our office to schedule a free case evaluation.
Other Pages on Our Website Related to This Topic
Ice Cream Truck Accident Attorney
How long does it take to Settle a DHL Truck Accident Case
Average Case Value of an Amazon Truck Accident