When Is It Legal To Sue A Towing Company?
A number of circumstances may legally entitle you to sue a towing company. In general, there are two types of lawsuits you can file against a towing company: for illegal towing and for wrongful damage. Your towing company can illegally tow your vehicle if the vehicle was not in a spot that was authorized for towing, or if it was taken by a towing company outside of their legal hours. In order to establish illegal towing, however, you will need to be able to provide sufficient evidentiary documentation which details the location of the claimed accident, as well as provide photographic evidence in order to inform the judge that the vehicle was in a location that did not permit towing. Similarly, this evidence must be able to demonstrate that the vehicle was indeed repossessed outside the legal hours of operations. A common example for legal hours of operation is 3 A.M through 5 A.M, which means that a vehicle which has been picked up at 4:30 A.M would be over the legal hours of operation, and is therefore subject to liability of the towing agency if it can be documented that the vehicle was not in a legal location .
On occasion, the towing agency may also cause damage to your vehicle while it is being towed or when it is being stored at one of their lots. Depending on the severity of the damage and the value of the vehicle, this too may qualify for a lawsuit against the towing company. For instance, if you have a high-end luxury vehicle like a BMW or a Mercedes Benz, and the agency scratches five inch long scratches down the length of your hood, you may be entitled to damages as a result of the cost of repairs. Likewise, this principle also works for total losses. If an agency picks up a vehicle and while repacking it into their lot, the vehicle is totaled as a result of negligent driving, you are legally entitled to sue if you can provide evidence that the agency was indeed negligent. If you feel that none of these situations apply to your case, you may still be entitled to compensation if the towing company violated state law. Most states require towing companies to display their towing capacities, have a license to practice, or to freely provide information regarding their vehicles prior to reimbursement.
Reasons You May Be Able To Sue A Towing Company
In most circumstances, if you are towed without cause, then you have the ability to sue the towing company. There are three primary areas in which you should focus your attention when it comes to seeking damages in court. The first is when someone is towed without authorization. The second would be if the company that towed your vehicle overcharged you. The third would be if the towing occurs without proper signage.
When a company decides to move your vehicle without proper authorization, then you will typically have two different individuals that you can file claims against. One would be the actual towing company, and the other would be as the property owner. It is important to understand that there are certain times when the company that owns the towing company does not actually have control over whether your vehicle is towed or not. The individual that actually had the car towed will then be the one that is responsible for this action.
If you were charged more for the towing than what was allowed, then you may have a right to seek damages for this action as well. The one thing you want to focus on here is proper documentation so you can clearly show how much the charges should have been versus how much they actually were.
Lastly, when you are looking at a basis for filing suit against the towing company, you want to look at whether or not the property was clearly and properly posted. What this means is that the property should have clear and obvious signs in the area indicating that your vehicle could be towed at anytime. Keep in mind that there are some exceptions to certain city ordinances. These exceptions would include those that apply to visitors, employees, disabled persons, and residential landlords and owners.
What You Need To Do Before Suing A Towing Company
Prior to undertaking the potentially time-consuming process of filing a lawsuit against a towing company, be sure to take the following steps.
Gather Evidence
Take copious detailed notes at the time of the incident, as well as photos of any relevant documents or signage, and of the car in question. Evidence gathered while the event is still fresh in your mind is trumped only by video evidence.
Research Local Towing Regulations
Most municipalities and state governments have regulations concerning what towing companies can and cannot do with respect to their property. For example, many places require that a "No Parking" sign must appear every 75 feet. While you may not have time to locate the relevant ordinances, at least find a contact number for your local government or chamber of commerce that you can call on Monday morning to see if any local ordinances were violated by the towing company.
Attempt to Resolve the Issue Outside of Court
Most companies approach every problem with the goal of full customer satisfaction. Very few businesses can hope to generate a viable customer base without focusing on customer needs and wants. As such, always begin the complaint process with the goal of friendly resolution.
If the company will not respond, then file a complaint with the Better Business Bureau. Often, this is enough to get action from the company.
Only if friendly resolution (and also the BBB process) fails should you proceed to small claims court.
Many people go to small claims, thinking that it’s the easiest procedure in the world for things like this. In fact, while small claims courts are intended to resolve disputes up to $5,000 in a quick and cheap manner, the process is not nearly as simple as it can appear at first glance. Filing a claim often invites a counterclaim from the other party, and the costs continue to rise. In rare cases, defendants choose to litigate cases in small claims courts, setting the wheels in motion for a grueling and lengthy process. It pays to have a qualified small claims attorney at your side in either situation, so do not simply take small claims labels at face value.
How To Sue A Towing Company In Court
How to file a lawsuit against a towing company
We’ve reached the final step in our series on your towing rights, and here’s where it gets a little tricky. If you’ve followed all the rules listed in the blog posts above, you might just have a lawsuit on your hands. For starters, prepare all of your documentation and keep it all in a safe place. You may need to update your paperwork and even add new documents as time goes on. It’s important to record every interaction you’ve had with the towing company, the property owner, and any other parties who may have been involved.
You’ll want to find out how to file a claim in your local small claims court. Fill out any needed forms provided by your court and gather all the necessary records a copy of the letter you got from the DMV letting you know about the incident with the towing company, all correspondence between the towing company and the property owners, and any receipts. Be sure to also gather evidence of the offense, such as photos, videos, and witness statements if you have them. If the court allows, you may also want to bring witness to testify on your behalf. Prepare your statement ahead of time, as well as any questions you’d like to ask the towing company or the witnesses . In court you will be given the opportunity to make a statement regarding the events. Take this time to present your account of what happened in chronological order and explain how the towing company broke state law. When it comes time for the defendant to rebut your statement, you will be allowed to question them or the witnesses on their side. The judge may also ask you questions regarding the situation. At this point, you won’t yet know if you’ll win your case or not. The judge will usually send you home once the trial has concluded and notify you of the outcome at a later date. If you win, you will have proof that you don’t have to pay the towing fees, and you can sue for a refund of any paid fees. If you lose, you may owe the towing company for storage fees, according to the state’s law, plus any additional costs. Either way, you will walk away with a copy of the judge’s decision. With your paperwork organized and your trial prepped, you and your attorney should have a strong case against the towing company. Though you can and should represent yourself in small claims court, your lawyer will likely want to be present for the trial or to advise you over the phone.
Problems With Suing A Towing Company
You may think that you have a straightforward case for filing a lawsuit against some towing company for various reasons – such as a damaged car, or being towed from a public street without being given the legally required notice, or being charged more than is permitted by law, or some other serious allegation. But the following are the challenges you may face when filing a lawsuit in small claims court against a towing company, or simply against the towing company via a letter of demand or some other written communication.
First, you may face a legal challenge. Under certain circumstances, a statute will limit the ability of a consumer to sue a particular company in a court of law for some type of damages. This first point is especially important to consider, because if there is a statute limiting your right to file a lawsuit in the particular situation you are alleging, then regardless of how great your case is, you will have no remedy in the courts or through the legal system.
Second, as we discussed previously, having a cause of action in your favor will only get you so far, because the court will almost certainly require you to prove your assertions and allegations to the court’s satisfaction. In other words, the burden of proof will be on you as plaintiff to prove your case, and you will need to have objective evidence to prove it. You may not be able to count on merely stating that everything happened the way you are asserting. The burden will be on you to prove it, not on the towing defendant to prove that it didn’t happen the way you are saying.
Third, taking a case though the court system can take a very long time, especially if you have damages to recover. Even if you file your case in a small claims court and not a regular trial court, you may face a long wait for trial, plus additional waiting time for the defendant to appeal a court judgment in your favor. The bottom line is that you may be facing a lot of delays that can waste your time and will also waste your money because you will have to pay any court costs and case expenses out of your own pocket.
In sum, you may have a great legal claim and a great chance of success, but you should know that you will probably face legal and evidentiary challenges in the court system. You should take the time and effort to educate yourself about these issues ahead of time.
Consult A Lawyer When Suing A Towing Company
In many cases, you may benefit from consulting an attorney. While this consultation may invoke additional expense, it makes the most sense both for the present and the future. When you consult an attorney, he or she can provide further context on the matter and explore avenues that you may not have considered.
First off, professional legal advice can help you determine whether or not you should pursue litigation against a towing company . How you choose to move forward with any given case is a very personal decision that should be made between you and your attorney. Factors that can influence a decision to sue include the severity of your injuries, the amount of property damage, and whether you plan to file the lawsuit yourself or hire an attorney. An attorney can help you see if these factors warrant a lawsuit and take you on the path toward justice. Your attorney will educate you on your rights and make sure you understand what you are signing at every step of the way.