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mjerue

Who's liable for injuries

8 posts in this topic

During the repossession of my vehicle. I jumped onto the back of the tow truck while it was hooking up to my vehicle. The tow truck starting driving away with me still on the back. I started yelling for driver stop, It came to stop in about 5 or 10  seconds. I jumped off the back of the tow truck injuring myself. The repossession was illegal because in was done under my protest and the police where called to the scene.  With the police involvement with the matter a Breach of Peace has now occurred. Now making the repossession illegal in california. With the repossession illegal and my action of jumping on and off the tow truck. Can hold the repossession company liable for my injuries.

 

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Who is liable for your injuries?  You.  No one made you get on the back of the tow truck.  If your vehicle truly was illegally repossessed, there are civil remedies available that don't involve danger to your person.

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A repossession doesn't become illegal because you don't want it to happen. No one wants their vehicle to be repossessed. Don't be silly. If all it took to stop it from happening was the owner to protest there would be no point. The fact that you decided on your own to spontaneously do something incredibly dangerous is not anyone else's fault but your own. Why should anyone else be responsible for your choice to cause a scene?

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I'm not sure why you started a new thread for this, but it's rather obvious that no one else is liable for your injuries.  Whether your claim that the repo was illegal depends on the relevant facts (as I commented in my reply to your other thread).

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I partially agree with the other responses.  You did not make the repossession illegal because you objected to it.  If you did not make your car payment, the lender was entitled to repossess your car, per the terms of the loan.  Next, your decision to jump on the back of the tow truck was foolish and inherently dangerous, and negligent.

 

HOWEVER, if the tow truck driver observed you in that position, and drove off in the face of an obvious danger to you, he was also negligent.  He should have called the police and had you arrested for disturbing the peace, criminal trespass, etc., rather than further endangering you.  Someone engaged in the lawful act of repossessing a car still cannot take action which is likely to injure another person.

 

Because your own conduct is so egregious, this type of claim would only be worthwhile if your injuries are serious.  If you have some bumps, bruises, scratches, etc., no one will want your case.

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The injury wasn't from the tow truck driver taking off with him foolishly jumping on the back, it was from him jumping off the back after the driver was alerted to him being on the back and having stopped. Whether injured from jumping off the truck at the point of hook up or 100 feet from the point of hook up doesn't matter.

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1 hour ago, ElleMD said:

The injury wasn't from the tow truck driver taking off with him foolishly jumping on the back, it was from him jumping off the back after the driver was alerted to him being on the back and having stopped. Whether injured from jumping off the truck at the point of hook up or 100 feet from the point of hook up doesn't matter.

 

Again, it depends on whether the driver put the car owner in a worse position - something we don't know.  You may be 100% correct.  I would still want to review the police report.

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The repossession was legal.  It is an illegal repo if the towing company breaches the peace in the process of doing the repossession.  If, for instance, the tow driver had forced entry to your garage to get the vehicle, that would be a breach of the peace.  If an assistant had forceably restrained you so the driver could hook the car up, that would be a breach of the peace.  In your case, the driver peaceably and without harming any person or property hooked up to the vehicle.   Then you came along and instigated a breach of the peace.  Your actions did not make the repo illegal.  

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