Hi everyone...

A recent problem with a tow truck company that has been trying to scam us is what prompted me to post. I need your help. Back on March 3rd of this year, Jash (a friend) blew his motor. He called a tow truck company to tow his car from his house over to a shop where they were going to fix it.

They put the car on the flat bed (it being a show car and lowered, a flat bed was needed). They arrived at the shop and when taking the car OFF the tow truck, the DROPPED THE CAR!!!

Part of the side skirt was damaged and fender was cracked. Obviously it has to be repainted to say the least. Per the tow truck company, they told him to get some estimates and they would pay for it.

The car was in the shop for 2 weeks getting the motor running. Then it was hard for him getting off at 6pm, to take it to a body shop right after work...

Soooo.....he just got some estimates. He calls the tow truck guy to find out what would be a good time to bring the estimate down. The guy says "anytime..come down anytime..." We get their cross streets and have the address from the business card....We get there....and NO BUSINESS is at that address. It was some check cashing place....

So we call back to find out where they are located...They hang up on us. We have called back repeatedly and they either 1. hang up or 2. dont answer. We are getting fed up. They wont take our calls, (and we have called from more than 1 number) , their "business address" on their business cards is FAKE. We even tried going back to the ad in the yellow pages (that states "we specialize in towing lowriders, custom cars, show cars, etc...) and called that company. Their answer..."We cant help you. We contract out the tow trucks and they are responsible for any damage." They wont help us at all......

Soooo....what can we do? The car needs to have the body work done and needs to be repainted but they wont answer our calls. Can anyone help???

Please let me know..any info would be appreciated.
Thanks!!

Lysa

 

PM Dan (HFM)..........

 

Er, blech!

That's not the type of case an attorney is thrilled to work on mainly because it's a PITA and because there is little recovery involved.

What I would recommend is to file a police report and go through your unisured motorist insurance.

What should have been done is the bonding company and policy number should have been obtained from the tow truck driver. If they refused, the cops should have been called then and there.

I don't think I know of any attorney who would be interested in taking this up other than some attorney willing to do pro bono work. The state bar may have some helpful information but, this is not the type of case I would refer to any of my contacts. Sorry I don't have better news.

 

Damn,
well thanks for your input Dan..I really appreciate it

Lysa

 

UPDATE!!!

We just got a hold of the guy....He said "I dont know what youre talking about...I dont own a tow service anymore and I never towed that car. Do what you have to do if you want your $ back". Sooo needless to say....if there are any lawyers who want this case....The estimate for the car damage is $2760.00. Feel free to add on an "lawyer" charges as you may to take on this case... Any takers...? We could really use the help..Thanks.
Lysa

 

Lysa,

I am not an attorney, nor do I play one on television.....but, here are some suggestions in case you ever go to court:

1. Did the towing company charge you for the tow? If so, you should have some sort of paperwork.....an invoice, etc, proving they did indeed tow your car.

2. How did you pay for the tow? If it was by check, credit card, Triple A card or turned into your insurance company, there will be a record of some sort as to where the money went or who cashed the check. (If you paid cash, then that is another story)

3. Call the place that the car was taken, and see if anyone remembers seeing the car being towed there. (witnesses)

4. I don't know the limits of small claims court here.......if it is at least $3000, then you don't need an attorney

5. If the guy was really in the towing business, then he had to have a business liscense. This is public record and you can research to see if he is really "out of business", and if so, when he went out of business.

6. You can try to turn in the claim to your insurance company, and tell them the story. In order to get out of paying for the damage, they may be of some help in getting restitution from the guy that towed you.

7. Do you remember if there was a name on the side of the truck? Did the driver introduce himself? If so, do you remember his name?

8. The above items are all things that would be required if you ever do get this thing to court.

This guy sounds very fishy (as you know). How did you get his number in the first place? It must have either been in the phone book, or someone dealt with him before, or he was recommended to you by someone.

Anyhow, good luck with getting this thing sorted out.

 

Hey Wedge,
Thanks for your response.....

Some answers....
1. Yes we have ppwk and an invoice showing they towed the car.
2. The guy paid CASH. (so no help there.)
3. Witnesses..? Just the guy whos car got damaged. (I know I know...his word against the other guys word)
4. I will have to check into limitations of small claims court.
5. I wil have to figure out where to find the public record of his business license....
6. Insurance claim? Not gonna happen... The car is a show car and if the insurance company SEES the car, the rates SKY ROCKET.
7. As for the name of the driver, yes we have his name.

He got his # from the Yellow Pages....Took a chance on this company and got royally SCREWED>

But anyhow, I appreciate the input...Now I have some research to do. Thanks again!

Lysa

 

Damn,
Im still trying to find out where I can see the public record of this guy's business license...Ill update more when I get some more info

Lysa

 

But I play Richard 350z on the internet. LOL

Sorry about the mess. If you can figure out who to sue, small claims court is your best bet. hfm is right that no lawyer would take this. But the limit for small claims court is at least $5000 (maybe more by now), so I say file a claim there. The filing fee is cheap, and you can do the whole thing yourself.

The guy who owns the towing company is responsible for the damage. That stuff about farming it out to independent tow truck drivers who are the only ones responsible is total BS.

You contracted with the towing company. They, through their agent, the tow truck driver, damaged your friend's car. Sue them in small claims court for all your damages. The cost to repair the car, the cost of a rental car or other transportation, lost wages for time missed from work, the small claims court filiing fee, etc.

I am not giving you legal advice. I'm just making small talk 'cause I like Kash's Korean short ribs. LOL

Duke it out in court!!!

 

http://kepler.ss.ca.gov/list.html

 

hfm -

that website is a good idea if this guy has a corporation or LLC (limited liability company), but I doubt that he does. Sounds like a fly by night sole proprietorship.

 

Lysa,

Some things I forgot to tell you.....

1. Keep written records of the phone calls you made to the guy complete with dates, what was discussed and who said what

2. Get pictures of the damage

3. Keep copies of all the estimates

Sometimes getting into small claims court takes a while......also, a lot of times....the one with the best folder full of records (evidence) wins.

Good Luck again!

Dean

 

Yeah. If it's just a dba, you have to look elsewhere.

 

I once went to the Yellow Pages just like your friend and got royally screwed too! Hope everything works out, it did for me after 7 months of stress (somewhat ), police involvement, eventual insurance company involvement, credit card company charges revoked, and major damages to my vehicle afterwards (besides the internal work that never really got completed)...

Sorry again about your friend's experience...

 

Thanks everyone for your help!! I appreciate it. Now I can get started on my "investigation"....Nancy Drew, watch out! I'll keep you guys updated..

Thanks again!

Lysa

 

Don't know how I missed this post, must have had one too many last night. It's unusual for an attorney to give advice for free, much less over the internet where it's published and subjects the attorney to malpractice. So, Richard is being very nice by making his recommendations, even if it isn't "legal advice."

Oh, and he's right about small claims court. It sounds like you're dealing with an a$$. If I were in that position, the owner of the towing company would be seeing me in small claims court.

Good luck.