Need [legal] help, they towed my AWD

[Dezmond D]

The tow company won't release the car (50$/day storage) until the PD gives me a release, the PD won't release until I have an operating permit from the DMV. (Even if I'm going to tow the car on a flat bed to a shop).

I called my insurance and they said to get the car back and then check for damage.

So I had to get an appointment with the DMV, get the permit to operate without smog (good until 12/31) and then pay the city $49 (Cash only, must be exact, they don't make change and you can't give them $50). Got the release, then paid nearly $600 to the towing company.

Not: The police release had a statement that I was releasing them (The PD) from any claims.

Without cracking the tranny, you can tell the LSD is gone. Turn at 5 mph and the inside rear wheel spins.

So I contact my insurance company on tomorrow to see what's next.

 

[TurboGeoff]

Definately file a lawsuit against the towing company.

 

[chicagoboostin]

wrong.. not lawsuit. your fault the car was towed.. this also happend to my car.. 2 times the first time i was lucky and it was only towed a block.. i called the city and asked the tow truck driover what would of happend if my trans got messed up, they told me it would be my fault and nothing would come of it, this suit has been in chicago before on a 4motion passat.. and he vw owner lost.. the second time i wouldnt let them tow the car unless he got a flat bed.. i laid on the hood and told them your not taking it unless u got a flatbed...

 

[JDMFirstGen]

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.

The police department hired the tow truck company to tow a car (correctly).
The police did there job and are at no fault. The towing company didn't do the job they were hired to do and therefor are inherently at fault. Sue 'em

Plus, go into court sounding like you know what you are talking about with cars.

 

[luv4turbos]

The police department hired the tow truck company to tow a car (correctly).
The police did there job and are at no fault. The towing company didn't do the job they were hired to do and therefor are inherently at fault. Sue 'em

Plus, go into court sounding like you know what you are talking about with cars.[/QUOTE


They never hired the towing company. Dezmond D paid them not the police.
The only person not doing there job is the person leaving a vehicle on the streets without proper tags.It all comes back to tags,tags,tags. Where I'm from you can't even leave it out in the open without proper tags, not even in your own driveway. It must be in a concealed area. Thats why junk yards have fences around them. Normally they give you 72 hhours to get proper tags before anything is done. I don't know if this is the case or not.

 

[JDMFirstGen]

The police department hired the tow truck company to tow a car (correctly).
The police did there job and are at no fault. The towing company didn't do the job they were hired to do and therefor are inherently at fault. Sue 'em

Plus, go into court sounding like you know what you are talking about with cars.[/QUOTE


They never hired the towing company. Dezmond D paid them not the police.
The only person not doing there job is the person leaving a vehicle on the streets without proper tags.It all comes back to tags,tags,tags. Where I'm from you can't even leave it out in the open without proper tags, not even in your own driveway. It must be in a concealed area. Thats why junk yards have fences around them. Normally they give you 72 hhours to get proper tags before anything is done. I don't know if this is the case or not.

The police called the tow truck company to come, not him. That means that the police 'Hired' them. The police make him pay because it was his fault it had to be towed. But that does not change the fact that they did not do the job they were hired to do. They must now pay for damages incured.
If you would like me to explain it any easier, I can.

 

[luv4turbos]

I guess your right. I now see how him breaking the law in the first place is the tow company's fault. I doesn't matter what anybody says. I still think IMO he's is at faul for not having the proper tags.
Thats why society is so fubared. Nobody wants to take responsibility for what they have done. I'm done.

 

[DSMJim]

I guess your right. I now see how him breaking the law in the first place is the tow company's fault. I doesn't matter what anybody says. I still think IMO he's is at faul for not having the proper tags.
Thats why society is so fubared. Nobody wants to take responsibility for what they have done. I'm done.

I can't wait. Im gonna sit outside your house, the minute your tags are expired I gonna pick it up with my tow truck and drag it on its roof on fire right over to the lake and drop it in. By the sounds of it form you, this is perfectly fine since I'm released of all liability and can destroy your property in any way I feel since you don't have legal tags.

BTW, if your late on your property taxes I'm setting your house on fire, and don't even ask what I'm gonna do to your dog if your don't renew you pet license...

Tags or no tags they can not destroy your personal property, what your saying is idiocy.

 

[luv4turbos]

Im not worried unlike some people Im not late on bills, taxes,etc.,etc.. It's a little thing I call RESPONSIBILTY. Its kinda fun everyone should try it.

 

[DiabloRT]

Im not worried unlike some people Im not late on bills, taxes,etc.,etc.. It's a little thing I call RESPONSIBILTY. Its kinda fun everyone should try it.

.....You speak of RESPONSIBILTY, guess what ass wipe........ the towing company has responsibilty as well.


I worked as a tow truck driver for the top towing company in State College, PA, while I was going to Penn State for my BS.

When I towed illegally parked cars, I had to document any damage to the body/exterior prior to touching the vehicle. In addition, I had to use the proper method of towing. I had to use a dolly setup on some SUVs & all AWDs to properly tow the vehicle. If I damaged the vehicle in any way, the Towing company at fault.

When I went on lockout calls, I had to chose the proper method of opening the door on vehicle with side impact air bags in the doors. If I damaged the vehicle in any way, the Towing company at fault.

THE TOWING COMPANY HAS RESPONSIBILITY AND LIABILITY. If they damage your vehicle, they are at fault. They have insurance to cover these events.

Saying that because someone is parked illegally or because their tags are out of date, the towing company is exempt for any liabilty has no legal basis. This is totally contradictory to the huge monetary awards our courts have been giving in frivilous suits.

The point of the matter the towing company is liable for damage they caused and are responsible for the damages.

 

[luv4turbos]

.....You speak of RESPONSIBILTY, guess what ass wipe........ the towing company has responsibilty as well.

Well for one grow up. I'm not calling names,why should you!!

People can have their own opinions. Ihave mine and thats what I'm sticking with.
The fact of the matter is the car shouldn't of been out in public without proper tags.
Instead lets blame the towing company for messing up his car when he is the reason the situation exists.

O a side note: Dezmond D sorry things worked out the way they did. I guess it's a hard lesson learned.

 

[JDMFirstGen]

.....You speak of RESPONSIBILTY, guess what ass wipe........ the towing company has responsibilty as well.

Well for one grow up. I'm not calling names,why should you!!

People can have their own opinions. Ihave mine and thats what I'm sticking with.
The fact of the matter is the car shouldn't of been out in public without proper tags.
Instead lets blame the towing company for messing up his car when he is the reason the situation exists.

O a side note: Dezmond D sorry things worked out the way they did. I guess it's a hard lesson learned.

It is not an opinion type thing, we are debating what the law states. If you can't get somthing this simple, you should probably give up on life.
But on the other hand America needs doushe-bags like you to vote for Kerry. :thumbdown

 

[luv4turbos]

It is not an opinion type thing, we are debating what the law states. If you can't get somthing this simple, you should probably give up on life.
But on the other hand America needs doushe-bags like you to vote for Kerry. :thumbdown

Well good because the law states a vehicle should not be on a public street without tags. Take yours off a see how far you get. Then we can start a new tread about how you broke the law and were also treated unfairly!!

 

[DiabloRT]

It is not an opinion type thing, we are debating what the law states. If you can't get somthing this simple, you should probably give up on life.
But on the other hand America needs doushe-bags like you to vote for Kerry. :thumbdown

luv4turbos certainly has no ascertation of the law and liability.


California is a little too much like Nazi Germany for me. YouR tags expire and the SS is promptly there to STEAL your property.

luv4turbos, you probably also think ticking speeders is about public safety? According to you.....its the law. Well guess what...it about revenue.....$$$$....not public saftey. They all claim not to have quotas......that is a falacy as well.

In PA, the State Police receive $13.00 per seat belt citation they write in their pay checks. It is a liitle know piece of information....the general public has no idea about it. You won't find it on the news or in the paper.....I wonder why? $$$$

The cop that was involved with this towing incident....probably knows the towing company....or I should say the cop gets a kickback on the towing. If you think its BS think again. Every one has a scam to steal from the average joe.....Including the state and local government.

.......just because something is a law, doesn't make it just. I am with John Stewart Mills.....basically, there is no reason to uphold an unjust law.

You have no idea of the corruption.

 

[DiabloRT]

Well good because the law states a vehicle should not be on a public street without tags. Take yours off a see how far you get. Then we can start a new tread about how you broke the law and were also treated unfairly!!

This still has nothing to do with the fact the towing company DAMAGED A VEHICLE THEY TOWED DUE TO IMPROPER PROCEEDURE, DESPITE BEING INFORMED.

 

[luv4turbos]

luv4turbos certainly has no ascertation of the law and liability.


California is a little too much like Nazi Germany for me. YouR tags expire and the SS is promptly there to STEAL your property.

luv4turbos, you probably also think ticking speeders is about public safety? According to you.....its the law. Well guess what...it about revenue.....$$$$....not public saftey. They all claim not to have quotas......that is a falacy as well.

In PA, the State Police receive $13.00 per seat belt citation they write in their pay checks. It is a liitle know piece of information....the general public has no idea about it. You won't find it on the news or in the paper.....I wonder why? $$$$

The cop that was involved with this towing incident....probably knows the towing company....or I should say the cop gets a kickback on the towing. If you think its BS think again. Every one has a scam to steal from the average joe.....Including the state and local government.

.......just because something is a law, doesn't make it just. I am with John Stewart Mills.....basically, there is no reason to uphold an unjust law.

You have no idea of the corruption.

I agree not are laws are just. It's your decision to uphold or defy the law.
I've been following them for many years now and have had no problem.
Of course speeding is mostly based on safety. I have kids and I dont want some nut do an excessive speed down my street..
If it's a little known fact "the general public doesn't know about", then how is it a little known fact. Isuppose some one told you about the police story in your area and you just said OK.

 

[luv4turbos]

This still has nothing to do with the fact the towing company DAMAGED A VEHICLE THEY TOWED DUE TO IMPROPER PROCEEDURE, DESPITE BEING INFORMED.

Good Greef!! Without a reason the car would not have been towed in the first place. It all comes back to square one where it all began.(No Tags)

 

[Street Surgeon]

Wrong.

His tags were out of date. No one is denying that, and his car was IMPROPERLY towed because of it. Now they had EVERY right to tow the vehicle, no one is questioning that, however that does NOT give the towing company the right to damage or destroy his property. The vehicle was IMPROPERLY towed, and therefore damaged BY the towing company thus the towing company is at fault. You say "he" actually hired the towing company himself since his tags were out of date, (which isn't correct) but it's a moot point. Hell if I call a company right now to tow my Talon off, and they hoist up the front and take off, they're still entirely liable for what happens to the vehicle while it's in their care!

The bottom line is, the vehicle was IMPROPERLY towed, and therefore the towing company is at fault. The cops didn't hook the car up and go off with it, the owner did not hook it up and drive off with it. The car was damaged by being improperly towed, and the towing company is responsible for the towing of the vehicle. So, get em!

 

[drivemusicnow]

Good Greef!! Without a reason the car would not have been towed in the first place. It all comes back to square one where it all began.(No Tags)

I'm sorry but you're wrong on this issue. True, By parking his car on the street without tags, He should have to pay for the towing, and the ticket or whatever else is associated with it. PERIOD. HE should not pay for the negligence of a company doing a job wrong. ESPECIALLY when it is pointed out directly to them. You've heard this straight from someone who WORKED IN THE INDUSTRY. Stop being stubbern. The law holds the company liable for damages, just like if you injure yourself, and a doctor screws you up more, theres a malpractice suit... its a stretch, but just trying to show you a similar thing in a different industry.
Theres been cases in IL where towing companies tow cars that are LEGALLY parked. what happens then?

 

[DiabloRT]

I agree not are laws are just. It's your decision to uphold or defy the law.
I've been following them for many years now and have had no problem.
Of course speeding is mostly based on safety. I have kids and I dont want some nut do an excessive speed down my street..
If it's a little known fact "the general public doesn't know about", then how is it a little known fact. Isuppose some one told you about the police story in your area and you just said OK.

Actually friends with 1 Statey, 1 County Deputy, and 3 Locals.

Someone speeding though a residental area is an asshole and deserves to be nailed.

Someone doing 70 in a 55 on a major highway....driving prudently...no biggie. Even 85 in a 55/65 highway isn't an issue if traffic is light and their are driving prudently.

By prudently, I mean not weaving through traffic like a maniac, not passing on the right, slowing for uncertainties, yeilding to some traffic, slowing down during poor conditions, not tailgating, maintaing a safe distance, ect

Everything is relative.

 

[DiabloRT]

Good Greef!! Without a reason the car would not have been towed in the first place. It all comes back to square one where it all began.(No Tags)

You really have a difficult time isolating the true issue.


Whether:

The tags were out of date
The car broke down due to ignition problem
The driver was stopped for DUI/DWI
The car was illegally parked
The car was sold to another party

The reason for the tow is irrelevant. The reason for the towing did not cause the damage. The towing company cuased the damage. Therefore, the towing company is responsible.

Your logic is like this .....You wore out the tires on your car, so you go to a reputable tire shop to get new tires. During the installation they damage your rims. In this senario, you would be at fault for the damage because you wore out your old tires and if you didn't, this professional shop would have never damaged your rim(s).

Do you get it now?

 

[dirk3]

I may be wrong but I thought the police couldn't tow your car unless it was six months or more deliquint. Until then you basicly get a fix it ticket. I think you should employ the help of a professional yesterday.

 

[JDMFirstGen]

If you (luv4turbos) dont get it by now, i dont think you will. There are two sides to this issue and you are the only one on your side. Nobody else agrees with you, including somone who was a TOW TRUCK DRIVER, and me who is currently taking law and political science classes. Get with it!

P.S. Did you vote for Kerry? just wondering.

 

[miteclgst]

I can see this thread getting closed really quickly. This is a perfect example of how threads go in this site. You can start a thread saying "every 95-99 eclipse came off the production line equipped with a steering wheel" and there will always be someone who will disagree just to stir things up. The thread then goes off topic and gets personal and finally gets closed.

The guy needs legal advice, we aren't here to derive hypothetical situations. The driver had his car towed for whatever reason, valid in your city or not it happened. The question is what are the driver's legal options when it comes to getting his car repaired. The fact that the car was towed because of tags has already been established. The question is "what do I do next?" Some people say that he has a legal claim against the towing company, others say that he dosn't, while others try to answer the question by first bickering about the color of the sky. If you have legal advice, or personal experiance, enlighten us all. If you don't then lets not pollute another thread with our clashing personalities.

 

[TurboGeoff]

I voted for kerry!!!

I agree, those tow bastards should be responsible for your car and they should give you a good blowjob for the inconvenience.