Legal Question in Legal Ethics in California
car damaged while in repossession storage
Gmac has taken two months to tell us the repo company is who we have to deal with. The owner of the company won't take responsibility for the damage. Gmac won't either. Is Gmac responsible for hiring the repo company? We have pictures and other evidence.We took care of our responsibility, and got the car back as soon as they let us. It took four days. Who is liable for the damage?
1 Answer from Attorneys
Re: car damaged while in repossession storage
The repo company would be liable if you can prove they caused the damage. GMAC may be liable if the repo company was their agent, which it probably was. But, an easier solution would be to report it to your insurance company (if you have comprehensive coverage), let them pay for it and then they can deal with the repo company and GMAC. If you do not have insurance coverage, then you probably need to go to small claims court against both the repo company and GMAC.