On May 5, the owner of a Mercedes SUV arrived at a Conyers title pawn shop intending to apply for a loan, but he was informed by employees that it was too late. Coincidentally, a tow truck arrived at the shop with paperwork to repossess the SUV. While the driver was inside the shop, the tow truck operator blocked the SUV, lowered the ramp, and began preparing to tow the vehicle.
Witnesses stated that the SUV owner saw the tow truck operator’s actions, returned to his vehicle, and tried to drive away. A cellphone video from a title pawn employee shows the tow truck operator speaking to the SUV driver through the passenger window. The SUV driver later told police that the tow truck operator was asking for the vehicle’s keys.
Approximately a minute later, the SUV driver attempted to reverse. By this time, the tow truck operator had opened the door and jumped into the SUV. The SUV then went up the tow truck ramp, flipped onto its passenger side, nearly crushing the tow truck operator, who fortunately escaped unharmed.
Possible Personal Injury Cases:
- Tow Truck Operator Injuries:
- Trauma from Collision: The tow truck operator narrowly avoided being crushed when the SUV flipped. Potential injuries could include broken bones, bruises, or other trauma from being inside the SUV during the accident.
- Emotional Distress: The close call with serious injury or death might result in psychological trauma or emotional distress.
- SUV Driver Injuries:
- Physical Injury from Accident: The SUV driver could have suffered injuries from the vehicle flipping over, including whiplash, bruises, or more severe trauma depending on the accident’s dynamics.
- Emotional Distress: The shock and fear of the incident could result in emotional distress or anxiety.
- Bystander Injuries:
- Secondary Trauma: Any witnesses or employees at the title pawn shop could experience emotional distress from witnessing the incident.
- Physical Harm from Debris: If debris from the SUV or tow truck caused physical harm to any bystanders, they could also have claims for injuries.
- Third-Party Claims:
- Property Damage: Any damage to other vehicles or property in the parking lot caused by the accident could lead to claims from other vehicle or property owners.
- Loss of Business: The title pawn shop might claim damages for business interruption or loss of reputation due to the incident occurring on their premises.
- Workers’ Compensation:
- Tow Truck Operator: If the tow truck operator was injured during the course of his employment, he might be eligible for workers’ compensation.
Consumer Rights and Vehicle Repossession in Georgia:
- Notification and Redemption Rights: Georgia law requires lenders to give a 10-day notice before repossessing a vehicle. After repossession, the vehicle owner has the option to buy back the car by paying the outstanding loan amount plus fees.
- Surplus from Sale: If the repossessed car is sold for more than the loan amount, the surplus must be returned to the consumer.
- Deficiency Claims: If the vehicle is sold for less than the outstanding loan, the lender can seek the difference from the borrower.
- Personal Belongings: Repo companies must notify the vehicle owner about personal belongings within 10 days and allow 30 days for retrieval, with the possibility of disposal if unclaimed.
Key Points:
- The tow truck operator was almost crushed but survived without serious injuries.
- Georgia law outlines specific consumer rights regarding vehicle repossession and personal belongings.
Call For a Free Consultation
If you have been the victim of abuse or serious injury in Atlanta, please call us. The dedicated personal injury attorneys at Humphrey & Ballard Law will help you get the justice you deserve. Our experienced legal team has been fighting for injured victims in Atlanta for over 20 years – and we know how to maximize compensation for your injuries and losses.
Don’t wait to call us at 404-446-9854 for a free, no-obligation consultation on your case. At Humphrey & Ballard Law, we handle all types of personal injury claims, including:
With convenient offices in Lenox Center Tower, we make it simple to meet our attorneys face-to-face. We’ll review the details of your case at no cost, advise if you have grounds to pursue a claim, and discuss your legal options moving forward.
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Don’t leave your family’s future to chance. The dedicated Atlanta personal injury lawyers at Humphrey & Ballard Law will fight for you. Call 404-446-9854 now to schedule a free consultation. Let us help you get the compensation you deserve after your accident in Georgia.
