Got towed, but it was flat bedded. I have a few bad scratches under the front bumper. Can anyone give me advice on what legal action I could do? I plan on taking digital pics, filing a complaint w/ the texas motor department, and possibly calling a lawer to see if they can do anything. SIGH

 

It was at my parking lot at work. We share a parking lot w/ another company. Its hard to explain. But anyways...the towing company scraped up my bumper.

 

It doesnt matter if you were parked illegally. The second they touch your car, they aer liable for anything that happens to it. I used to have a lowered car, went to a party...tow truck was getting ready to tow it, I payed the guy a few bucks not to. but we started talking, and he was saying my truck couldnt of got you on the bed without scratching it up. he said then we would of had to pay for damages if you claimed it. so fight

 

I don't know...going after a towing company for damages seems like a TOUGH fight. I suppose you could claim it on your insurance and then they can go after the tow company (but that's not really ideal either)

 

You should have gotten a copy of the tow slip the wrecker company fills out when they tow your car. It should have a damage description (that they fill out) before they tow the car. They usually fill it out after they drop it at the storage lot. Inspect the tow slip to see if they put the damage on the form. If they didn't, you have a really good chance of winning in court. Small claims court will cost like $10-20 to file a suit. If they documented the damage, you just have to support your claim with facts. If you know anyone with a flat bed....make a video of him loading a car....flatbeds are notorious for scrapping the bumper. If he towed it with a wheel lift or the claw (goes under your tires....then your claims will be thrown out. Take note of the driver/truck number on the tow slip so they can't say it was towed with a wheel lift. All trucks are suppose to have numbers on them. good luck.

A family member owns a wrecker business....I know the ends and outs pretty well.

 

How do I file a suit w/ small claims court? Who do I call to get this process rolling?

I did get a tow slip that has information on it. They didnt document any damage. I got the slip after I paid to tow charge. The man in charge really didnt want to help me and didnt care about the damage. I'm at this moment stepping out of my house to take pics of the damage. Is the wrecking company suppose to document any damage they do? Doesnt seem like they'll voluntarily do it since its not in their favor correct?

 

Why not? That's one of the things you pay premiums for.

I ALWAYS notify my insurance company when someone damages my car. If I don't get satisfaction from the other party, my insurance company handles it.

bill

 

Depends on the jurisdiction and circumstances surrounding your vehicle being towed.

Where I live, if the reason for the tow is due to yor fault (illegal parking, etc.) then all the tow company has to excercise is reasonable care when performing the tow. If you modified your vehicle making it extremely difficult (practically impossible) for a standard tow service to tow without causing damage, then they will not be liabe. The fault would be on you, not the company.

 

When I used to tow, it was only for AAA so I would have customers sign a damage waiver before I started. For towing companies that get business by impounding for the police, or towing a car that is illegally parked, they will not have any liabilty for small damage. For instance, since you technically parked on another company's lot, that company no doubt has no liability for theft or damage done to any car parked there. That will hold true for the towing company that removes cars from that lot as well.

You can fight it, but unless the damage was severe and obiviously due to gross negligence of the towing company, you're going to lose. Just like putting a car up on a lift, there is always some chance of small scratches and scrapes. If you were definitely parked there illegally, then you I think you're wasting your time. If you were wrongfully towed, then maybe it might be worthwhile to pursue.

 

My fathers jeep got towed after he was in a minor accident, and they didn't use a flat bed ruined the entire transfer case and tranny among other parts. They wouldn't fess up at first, a few phones calls later and a letter from 2 lawyers we got everything fixed for free, full rental for 2 weeks and $5,000 check for damages. Don’t let them get away with it, you have every right to get everything fixed.

 

is the damage visible without having to get under the car? if not i wouldnt bother. just seems like a huge hassle over minor cosmetic flaw.

 

Uhh...that's not exactly the same as "... I have a few bad scratches under the front bumper."

bill

 

True, I'm not saying it’s the same thing... but they are still liable. They damaged it in the tow, should be fixed.

 

Not always correct. There are mitigating factors that courts will consider. The vehicle owner has to prove that the damage was caused unreasonable care by the tow operator.

That is why many tow drivers will not tow a lowered/modified vehicle at the owners request.