Need [legal] help, they towed my AWD

[Dezmond D]

My registration is out of date, because I'm having problems passing smog. (I paid the fees, but haven't passed smog). I had a new cat put on yesterday, but the flex section on my downpipe needs to be replaced and they'll get one in tomorrow. So I'm on track to hopefully be legal by Monday.

But today I heard some noise outside my house and noticed a police car and a tow truck.

The police (didn't bother to knock on my door) just proceeded to have the car towed (because the registration was out of date) in the conventional maner lifting the front two wheels only. I ran out there to talk to them and I explained to the officer and towing 'specialist' not to tow my car that way, I even showed them the owner's manual and the little sticker on the the side of the car that reads 'All Wheel Drive', but they towed it any way.

I called the towing company after they left and spoke to a guy who said he was the owner. His first question after I explained the situation to him was why my car was towed. He asked me if I was calling from jail and then said he was going to have the President take care of "people like me", whatever that means. So it's unlikely I'm going to come to a resolution with them.

What is legal recourse to recover damages?

 

[tim_korn_99]

Definately get a lawyer on this one.... sounds to me like the billy bob bumf**k towing company needs to be taught a lesson. i'd hire the best lawyer, and take your car to the shadiest mechanic to get estimates.
-Tim

 

[carwizard1]

Get the estimates done at the dealer their pretty costly!

 

[deth2u]

Oh boy, the car lawsuits again. I've been there; I'll help you with what I can.

First, give about a week or two for him to fix the problem. Call him and give a friendly reminder. If (and probably when) it falls though, if you haave the legal know-how, write a letter telling him the details and cordially demand that it be fixed or else it will be taken to a higher authority. Give a time limit for a reply. Make sure you write down all dates and times you conversed.

Now when this probably falls though and he ignores you, you will look victimized. This is where you get the upper hand. You can go two ways from here. Small claims or get a lawyer. If you get a lawyer, you can recover legal fees, punitive damages, actual damages, and any "other" relief that the court deems (and/or pain and suffering if your state allows it) The guy dug his own grave with this route, but it'll be a long long time before you actually see any money. Small claims gives him a good chance to defend himself, and if your judge has a stick up his ass and doesn't like you for any reason, he can turn it around on you. But, you can always appeal...

It gets messy and frustrating, believe me I've been there.

 

[deth2u]

Oh yeah and you can also mention if court they are a shitty tow company that obviously doesn't know what they're doing if they towed an AWD.

(Not in that wording, of course )

Don't bother with the BBB cause they won't do a damn thing. Talk to any lawyer also, they will say the same thing about the BBB.

 

[timm98gst]

they tried to tow mine with the parking brake on - that would have been pretty

 

[Defiant]

Or just take him to small claims court. The customer often wins there.

 

[Thomas91169]

first of all, they messed up when they towed YOUR car. second, they messed up even more when they towed a AWD the normal way, and not a flatbed.

i think you could get alot of money for this. you were without a car for however long they took to fix it, its was obvious you were the owner, you were wrongfully accused of a crime and feel let down by the legal system, and you feel you should be compensated for their blatant mistakes. take these fvckers down for all their worth. find a lawyer and sue whoever you can in no particular order. you WILL win this case.

 

[luv4turbos]

I would think they wouldn't be liable for any damages. They were just following the law. It's not there fault your tags were expired. So they towed it with the easiest means possible.
Dont get me wrong I hope every thing works out for the better,but the car shouldn't have been out in public if it wasn't legally tagged. just my $.02.

 

[DiabloRT]

Well both the cop and the tow truck driver would be held at gun point if they were trying to tow my vehicle from my property. Its call stealing and its your property.

 

[DiabloRT]

Commiefornia....Figures.

In PA.....things are quite different...... I have had cars with no plates or registation on my property for years....nobody does shit

 

[bhop]

Well both the cop and the tow truck driver would be held at gun point if they were trying to tow my vehicle from my property. Its call stealing and its your property.

The street (street parking, which I assume is where he was parked) is City property. In Cali, your car has to be registered, even if it's not driveable.

 

[miteclgst]

I think you have a claim I mean, they will probably charge you for the towing and what not because that is always under the owner's expense. But they should be liable for any damages that they cause to your vehicle during the process. I mean it is clearly marked on your vehicle that it is AWD and you showed them the owner's manual about towing. Crime or not they don't have the right to wreck your stuff and get away with it. Give the guy a chance to make amends and if he dosn't fix it then make it a nightmare for him.

 

[splattj]

Pay for the towing charges. Get the car and have it sent to the dealer for inspection. Have a flatbed tow it and make sure the recipt for getting it to the dealer reflects that you used a flatbed. Do not drive the car! Get a written statement of damages and talk to the service manager about how long they can keep the car there. You may have to pay storage fees but at least it won't get towed again. Otherwise you'll have to tow it somewhere where it will be legal to fix and store until you have tags. In the meantime, get a written statement from the Officer who wrote the citation that includes your protest to the car being towed due to it being AWD. Now, send a copy of the dealer statement and the police statement to the towing company. Now, this will take a while longer to recover any damages, but get EVERYTHING in writing and do all futher corresponence through certifed mail (yes, you have to go to the Post Office.)
Then when you have everything in writing you should have a VERY solid case for small claims if they won't pay. That way you don't need a lawyer. Good luck and update the thread when you are finished with the whole ordeal.

 

[TurboGeoff]

I cant believe this is happening so close to me, im in RWC and i know most of the tow truck guys as my office used to be next to action towing. Give me the guys name, maybe i know him.

And ANOTHER reason why Kalifornia is the SHITHOLE of the earth!

 

[prostreetdsmx1]

i know this isnt what you are going to want to hear but a friend of mine had a similar thing happen and it ended with the court sayin that the shouldnt have been on the street to begin with and because he choose to park it on the street he put himself out there and he ended up pretty shafted.

 

[f4st]

Take that to court if they dont fix it. If you were out there telling them that they cant tow it like that when they should already know....take it to court if they dont take care of it i dont see how you wouldnt win.

 

[luv4turbos]

I dont see how 90% of you cant see he was at fault. The car should not of been on the street without the proper tags.
Why should the towing conpany give a crap how it's towed. I know most of you are going to say,because it was the right thing to do. So when was the last time you went out of your way because it was the right thing to do. Besides they were just following the chain of command. If you really want to take someone to court it would be the police department or the city. Not the tow company. They didn't have the car towed the city did.

 

[AdoreGSX]

the police department? they are not responsible for how the towing company tows the car. It MAY have been different if he hadnt ran out and told the turkeys not to tow his car on 2 wheels b/c it was all-wheel-drive, showed them the drivers manual, AND the badge on the side of the car. Sounds like they are a bunch of idiots, if you work for a towing company and do not know the woes of towing a awd car like that you have to be messed up in some way. You may have to pay the towing expenses but there is no way you should be made to pay for the damages that THEY caused. My boy's RSX got towed and they ripped a chunk in his front bumper...i guess it is HIS fault for leaving the car at his own apartment building.

 

[Gary 420A RS]

man i dont think i would hold my cool at all... i say if it turns out for the worst i would go nuts and destroy destroy destroy.... tow trucks everything.... but seriosly.... i work with military type government which is somewhat the same.... but


nothing is ever happened or proven unless paper is involved... meaning get everything you know and everything that happend on paper.... price's all the documents for towing costs... like said before get it towed from the towing compony to the dealer explain to them what the deal is tell them your intentions and they can probaly hook you up.... tell them you had the car infront of your house not driving it but waiting for the money/next paycheck to get it fixed by the dealer and iam sure there going to throw it in your face that your were on city property but also the fact that your informed the cop(which you need to find a badge number) that it was all wheel drive and knowing that it was in the process of being towed that you informed the proper way of in which would cost no harm to the vehicle. so paperwork, names and dates/times.... everything you can get your hands on for VISUAL evidence... what you can show someone can help you better than what you tell them.. GOOD LUCK...

 

[DSMJim]

I dont see how 90% of you cant see he was at fault. The car should not of been on the street without the proper tags.
Why should the towing conpany give a crap how it's towed. I know most of you are going to say,because it was the right thing to do. So when was the last time you went out of your way because it was the right thing to do. Besides they were just following the chain of command. If you really want to take someone to court it would be the police department or the city. Not the tow company. They didn't have the car towed the city did.

So why didn't they tow the car by dragging it on the roof or beat it with a base ball bat then if it's not their responsibility? Hell I would have taken a huge dump on the front seat then set the interior on fire if it's not my responsibility to not damage the car. Thats no different, they towed the car and damaged it. It doesn't matter if they ruined the AWD system by towing it on two wheels or set the car on fire negligent damage is negligent damage, period.

Seriously how do you figure they are not responsible for the damage to the car? Just because it's got expired tags that instantly releases them from any liability they have while towing the car? I don't think so, you need to read up on the law my friend. Tags or no tags, they are NOT allowed to damage your property regardless if they did it by accident or not, you simply can not do that. They are liable plain and simple.

 

[polarmoment]

my roommate had her car towed a few years ago when she left it on the street during a snow emergency. tow company had it for about an hour then BROUGHT IT BACK! turns out they had damaged the bumper and popped one of the tires. they brought it back because they didn't want to deal with the liability and none of us knew who the towing company was because they towed and returned it while we were gone.

the towing company is most certainly liable for damage to the cars they tow- especially when they cause it knowingly as in this case.

 

[Gary 420A RS]

i was saying the fact that he parked in on city property they were able to tow it... stating the fact it was on city property while not having proper legalization for the car... papers/stickers what ever... you can have it on your property as long as its your own property and they could of never did anything.. but YOU GOT TO FIGHT>>

 

[Dsmshopping]

The towing companies in VA must tow your car correctly. Its part of the business. If they bust up your transfercase because they towed it wrong, you can and will get a replacement. Hes not saying towing his car was wrong, thats not the point of this thread. The point of this thread is to illustrate the fact that with a very blatant disrecard for proper procedure when it comes to towing, his car was more then likely damaged. That is not his fault. I am willing to bet the company has flat beds, but the driver and the officer just didnt feel like calling them. We call that negligence. That is a bad thing. People get in trouble when they neglect the way things are supposed to be done, especially when working with a government office.
-Dan

 

[luv4turbos]

Call this firm. Dewie, Cheatum & Howe.

Thanks, but take the ambulance-chasing to PMs.