Help with towing laws

[two_wheel_mayhem]

You're pretty much screwed. The police will not care if any laws were broken during the impounding of your vehicles by their subcontractor, playing that angle is a waste of your time.

The only recourse you have it to sue the tow company if they damaged your vehicles, and good luck because they never hesitate to lie about anything they do incorrectly.

[jd10013]

Originally Posted by Jobrien

The trailer and the camaro are out . The truck is in there for 30 days . The problem is not the 30 day hold its the fact that they towed the truck incorrectly probley causing some damage . But ive been doing some research and cant find anything on laws where the tow company is responsible for the damages . I will be taking them to small claims just wanted some back up information

I'm not a lawyer, but typically it's real hard to make a claim for damages when the damages were ultimately caused by you breaking the law. but for you driving on a suspended license none of this would have happened. It's like trying to have someone arrested for stealing your drugs.

[PQ]

Wow. Holy shit.

Next they will tell you 350.00 for the truck, 350.00 for the trailer and 350.00 for the Camaro.



And how far did they freaking tow it? 350.00? Holy shit. My last tow went 20 miles and was only 95.00.

California sucks all the way around.

[essess]

Are you saying the rear tires were literally dragging? If not, then they most likely had the veh in 2wd and in neutral. Your transfer case should not be spinning the front driveshaft in 2wd, so no damage would be caused by this at all. Unless you can prove with factual and photographic evidence that damage was done to the vehicle, your not going to get anywhere

[Superman09]

Originally Posted by PQ

Wow. Holy shit.

Next they will tell you 350.00 for the truck, 350.00 for the trailer and 350.00 for the Camaro.



And how far did they freaking tow it? 350.00? Holy shit. My last tow went 20 miles and was only 95.00.

California sucks all the way around.

Impounds are charged different then regular tows. Mostly because they know they have you by the short and curlies

[pickwithaustin]

Originally Posted by jd10013

I'm not a lawyer, but typically it's real hard to make a claim for damages when the damages were ultimately caused by you breaking the law. but for you driving on a suspended license none of this would have happened. It's like trying to have someone arrested for stealing your drugs.

This.

[PQ]

Originally Posted by Comrando

A friend had his semi towed once. Here, in Illinois, the max allowed is $750 for the tractor and $350 for the trailer. The mileage doesn't matter. Plus $100 storage for one night.

Yes, they make it hurt.

Wow.

I drove trucks for a long time. Once I had a 40 foot flatbed trailer towed for parking it on a side street. When I went to get it they charged me 55 dollars.

This was about 9 years ago so I'm sure it would be more now. But damn. I'm glad I live in the South.

[MrChrisLS3]

Originally Posted by jd10013

I'm not a lawyer, but typically it's real hard to make a claim for damages when the damages were ultimately caused by you breaking the law. but for you driving on a suspended license none of this would have happened. It's like trying to have someone arrested for stealing your drugs.

Actually saw an old COPS episode where a guy called the cops because a woman took the money he gave her to go get him drugs. Kinda funny, but ya know what? They found the woman and arrested her IIRC. lol

I get your point, and it is a good one, valid indeed. However, the real problem is when these towing and recovery companies contract with law enforcement, it becomes institutionalized gouging of the public. People are not given an option of which company, then they are left at the mercy of the company/yard to get their property back. In many states, there are no laws. standards, etc governing the price, conditions, responsibility of the company. While we are talking about people violating the law in many cases, we are also talking about expensive personal property. In many instances, it boils down to outright extortion.

As far as the OP, I wish you the best of luck. I don't know why they didn't put the rear tires on dollies. But hopefully no real damage occurred. But really, it looks like you're just gonna have to pay up.

[lawdog]

this reminds me of the clip from the movie Liar Liar where he is at the tow yard trying to get his vehicle, funny as hell, you should watch it.

[two_wheel_mayhem]

Originally Posted by jd10013

I'm not a lawyer, but typically it's real hard to make a claim for damages when the damages were ultimately caused by you breaking the law. but for you driving on a suspended license none of this would have happened. It's like trying to have someone arrested for stealing your drugs.

I knew someone would chime in with this. It's like it's justified for tow truck driver's to hand out extra punishments..... NOT.

When they impound your car they are responsible for it. They record the mileage and are supposed to document any pre-existing damage.

In court it's your word against theirs, physical proof and any witnesses. Whoever has the best case wins.

[jd10013]

Originally Posted by two_wheel_mayhem

I knew someone would chime in with this. It's like it's justified for tow truck driver's to hand out extra punishments..... NOT.

When they impound your car they are responsible for it. They record the mileage and are supposed to document any pre-existing damage.

In court it's your word against theirs, physical proof and any witnesses. Whoever has the best case wins.

of course they're responsible, but your more than likely going to have to prove the damage was intentional. anything can happen in court, but when you go before a judge and tell them your car was damaged when towed, the first thing the judge is going to ask is why your car was towed. when you or the tow company replies "because I was caught driving on a suspended license" the court isn't going to have much sympathy for you, and will be far less inclined to believe you when the tow company is most certainly claiming the car was fine when you took possession of it.

yea, you might win, but I wouldn't be too confident of it.

[pickwithaustin]

Originally Posted by jd10013

... but when you go before a judge and tell them your car was damaged when towed, the first thing the judge is going to ask is why your car was towed. when you or the tow company replies "because I was caught driving on a suspended license" the court isn't going to have much sympathy for you

clean hands doctrine
n. a rule of law that a person coming to court with a lawsuit or petition for a court order must be free from unfair conduct (have "clean hands" or not have done anything wrong) in regard to the subject matter of his/her claim.



Read more: http://dictionary.law.com/Default.as...#ixzz3ivwqj99O

[kmarshall2121]

Originally Posted by jd10013

of course they're responsible, but your more than likely going to have to prove the damage was intentional. anything can happen in court, but when you go before a judge and tell them your car was damaged when towed, the first thing the judge is going to ask is why your car was towed. when you or the tow company replies "because I was caught driving on a suspended license" the court isn't going to have much sympathy for you, and will be far less inclined to believe you when the tow company is most certainly claiming the car was fine when you took possession of it.

yea, you might win, but I wouldn't be too confident of it.

if the judge does ask why it was towed, the correct response would be "that has no bearing on the fact they damaged my car, your honor"

[two_wheel_mayhem]

They towed my 4x4 truck like that 100,000 miles ago.... nothing ever happened.