Alexandria, VA asked in Consumer Law for Virginia

Q: What type of claim should I file against a repo company that damaged my car during tow and transport? Warrant in debt?

I'm asking about 15,000 for damage and inability to safely drive car for over a month.

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1 Lawyer Answer
Jay Braddock Jackson
Jay Braddock Jackson
Answered
  • Fredericksburg, VA
  • Licensed in Virginia

A: Your collision or comprehensive coverage is the best way to go. you will need to pay the deductible initially, but when your insurance company files a claim against the tow company or their insurer, they will include your deductible in their efforts and when they are paid, they will return your deductible to you. You may be able to make a claim for the loss of use of the car, but you will generally need to show some sort of bill or receipt for what you paid for your replacement (Like a rental car invoice, etc). If you did not pay for a replacement you may not be able to make that claim. Additionally, you are going to need to prove the damage to the car by way of an estimate and/or repair bill. It will be very difficult for you to make a claim for anything at all in this circumstance without a bill/receipt/estimate for that item. General damages, such as "pain and suffering" or inconvenience, or however you like to term it, are generally not elements of property only claims. You will probably be very successful with the payment of the actual damages to your car, but other elements, probably not.

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