Illegally towed - possible damage?

Same situation happened to a friend. Towing company repossessed her T100 when they were actually supposed to repo her neighbors Tacoma. While she was reporting it stolen, the tow company called to say they made a mistake. At that point, the police said there was nothing they could do because it was a civil matter. They drug her car in park for a block as she was chasing them (with tow truck drivers middle finger extended). When she went to get it, it had a flat tire and damage to one of the side mirrors. Tow companies response: "It was already like that before we towed it".

 

What did the tow company have to say? Have you recovered or seen your vehicle yet? Do you know the property owner? Is there some kind of legal action you can take, theft, trespassing?

I would have the vehicle inspected by a dealer service department or another competent mechanic. If there is anything wrong or broken annotate it and try to seek some sort of damages from the tow company or there insurer.

Even though it appeared to have been drug at least they put it on a flatbed.

I have always worried about my my former AWD auto being illegally towed and either being drug or towed with the wheels on the ground. I never parked illegally but there are some shady tow companies here in Honolulu that are notorious for just towing cars and extorting the owners. My buddy had a K5 Blazer a surplus Army vehicle and it was parked in a private parking illegally. It was towed illegally by another company not the one listed on the sign. After about a half hour of asking people calling and looking around a private security officer came by and said he knew where it was. Then he proceed to offer us a ride to the tow yard stopping by an ATM on the way there of course. My buddy wanted his truck back so he just paid the $190 or what ever it costed him. It appeared to me that the tow guys and the security guard all seemed friends. It was right before the holidays, seemed like a racket to me to make some extra money for holiday shopping.

 

What you have to do. > You take the towing company to court. They are Licensed, Bonded, and Insured...so, if you can prove your side even half way, you should win. And you have a good chance that once they see you are serious, and ready to do battle, there is a very good chance they might settle out of court.

You can sue up to $3,000 + court fees in small claims. If it is more that that in damages, seek out an Attorney. Make sure to include the Attorney Fees in the suit.


This is advice only. Good luck.

 

The Los Angeles Times had a great article on "Bandit Towing." A good read in general, as we all can be possible victims of this. As for rivers2's case, this article may not apply as rivers2 was parked on a (assumed public) street.

Don't give up taking legal action against the scum. Insist on filing a Police Report. File a complaint with the City where your car was illegally towed. Sue the company in small claims. Write your elected officials (Congress person and Senator), as their staff do respond and can be helpful; remember you are registered voter and they are working for you.

As for damages, dustoff003 gave some sound recommendation. Goto a dealer to have the car inspected for towing damages; you'll probably have to pay a diagnostic inspeciton fee.

Good luck.

 

I doubt you will get anywhere with an attorney. There probably isn't enough money in it for them. So unless you have a friend who is an attorney, you'll have to figure out your rights and recourse.

My suggestion, as a non-attorney with the pre-required this is not legal advice, would be to at least check into filing a "No Trespass" warning against the towing company. You will need to do that with the police. Also, make sure to get a copy of the police report, it is your right, and read what has been written. Make sure to document the officer who said 7-8 times "they just made a mistake." What do you think would happen if the "mistake" involved the chief's car?

There may also be certain penalties people are entitled to if their car is illegally towed. You will have to check into that. Then you can write them a demand letter, spelling out exactly what happened, what your damages are, making sure they are legitimate and not thinking you've won the lottery, what you want them to pay, and telling them that you will be filing a small claims case against them if there is no response. Some states have an outrageous filing fee, others are modest, but if you win you will get that fee back too. Also, you don't need to be intimidated, since it is unusual for either side to have an attorney at a small claims case.

Good luck with everything.

 

I am an attorney (licensed in Colorado, not Texas) and I would definately suggest starting a small claims court case against them.

The only thing you have to allege is that your 2004 Toyota Prius was legally parked on private property (give the address), was towed by the xyz towing company for no lawful reason and was returned without explanation two days (or whatever) later. You can also allege that they fraudulently listed a different address for the pick-up location. Then state that, as a result of xyz towing company's actions, you suffered damages.

File your complaint and have a sherrif serve the summons and complaint on the towing company. As to damages, at trial you can claim actual damage to the vehicle, lost time from work, rental costs, inspection expense charged by the dealer, filing fees and court costs and whatever else you can think of.

In Colorado, a defendant in small claims court can transfer the case to County Court and then use an attorney. But that doesn't mean you need one.

Most attorneys I know do little stuff like this for free (pro bono publico) as a public service and to give their young associates some trial experience. I would definately look for an attorney who would be as outraged as I am.

Also, I'd contact the PUC (assuming they are the licensing authority for tow trucks) and file a complaint.

 

I would add two new tyres to the bill to replace the flat spotted tyres on your car.

 

MAKE THEM PAY! (monetary compensation for damage and your lost productivity)

 

I feel your frustration. And that would make me upset. Sure the towing company "Just Made A Mistake" but just because it was a mistake and not an act of theft or malice doesn't mean you haven't suffered damages. You very well might of...

But IMO that's the first real step. If you are going to pursue damages..you have to define and prove damages. Unfortunately you can't recover for the stress of being worried about the potential damage. You're first step is to find out if any tangible damage has been done. I'd think you'd have a good case for making the cost of this discovery the ultimate responsibilty of the tow company.

If the inspection came back that no real damage could be found? And if The Tow company was willing to re-imburse X amount to cover the cost of that inspection?

Then you have to decide if the rather paltry amount you could recover for everything else would be worth the effort and time.

But first step...define damages...for yourself and incase you want to pursue a court case.

 

Just my thoughts- first off, as the police officer said, the tow company did not tow you illegally, rather they made a mistake. It is a fine line, but they did not just grab your car just for the heck of it. I would use that tact and run with it. Mistakes and accidents happen and that is why insurance exists. Since they made a mistake, they need to pay to compensate you for any damage and other costs incurred by you.

All that being said, document everything just in case you do need to take them to court.

 

To bad there's not a stupidity fine! This towing company would be the perfect candidate! It's called attention to details, get your facts and check them twice, it will save you in the long run... Obviously this company doesn't subscribe to such a philosophy.

 

If your car is insured, make a claim for all that damage against the comprehensive coverage against your own insurance company.

If the insurance company has to pay to fix your car, I GUARANTEE that the folks who towed your car will be very well sued.

Don't overlook this route.

 

I think this is a good idea: the insurance company is well equipped to recover damages from other parties, and all you have to do is file a claim with your insurance. And I believe that comprehensive claims like this will not affect your future rates. Especially if the insurance company does in fact recover damages.

This would sure be my approach. I don't have time or money to pursue claims in small claims court, or to hire lawyers to do it for me. Your insurance company has LOTS of lawyers on staff and on call. Let them handle it.

 

What the hell is wrong with people? They made a mistake and they should just own it. Avoiding your phone calls and dropping your car off when you are not around is pure chicken shit.

 

In a similar case of confused addresses, this year there was a case where contractors razed the wrong house. They were supposed to tear down the house across the street. Oops.

Tom

 

You are right. The OP needs to define damages. But no amicable resolution outside of courtroom will be possible if the Tow Company refuses to communicate.

The Tow company going into "Silent Running" mode is in my personal opinion very sleazy. Unprofessional.

 

Sounds like it is working out. Good to hear there appears to be no damage.

The problem is that it's not illegal for the Tow Company to make a mistake. If damages result? They should be held responsible.

I think finding your car towed...is akin psychologically to having it broken into or stolen. You feel violated. Well? It's unfortunate, but automobiles do get mistakenly towed.

If you don't have any damages? Outside of time spent dealing with the situation, and the mental angst? My guess would be you would have a hard time recovering anything.