Consumer Protection Law
Consumer Protection Law Questions? Ask a Lawyer Now.
Good evening. I am Loren, a licensed attorney. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, the bank can charge late fees, attorney fees, repo charges, interest, etc., and it can add up to thousands of dollars in excess of the principal amount owed on the car loan with interest..
The bank would not be liable for the negligence of the tow truck driver, unless they somehow knew of a problem with this particular driver or his company. That could translate to negligence on the part of the bank.
It is not likely to be worth getting an attorney, since property damage is reimbursed dollar for dollar. There isn no additional recovery, but he can sue for loss of use (i.e. a rental car).
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
The banks have attorneys on retainer for everything
California Civil Code forces the lender to reinstate the loan if all past due amounts are paid, unless the legal owner can prove that your boyfriend did one of the following:
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