Tow truck companies are essential to removing cars from illegal parking spots, helping after an accident, or safely transporting vehicles throughout the city. However, these reputable companies sometimes make mistakes that can lead to costly errors and wasted time.
If a tow truck company damages your car in transit, you can seek compensation for the damages in small claims court by using a professional attorney or settling out of court.
When Can a Towing Company Tow Your Car?
A towing company is legally allowed to impound your car in specific instances, such as:
- Parking illegally at an apartment complex
- Parking illegally at a private property owner’s residence
- Parking in a private parking lot
- Parking in private spots in front of a business’ store
Parking illegally doesn’t just refer to private spots. Drivers can also park illegally on public property, such as overstaying metered sports, not paying for street parking, or parking where there are prohibitive signs. Furthermore, drivers who park on the wrong side of the street or in temporarily blocked-off areas can be towed.
It’s crucial for drivers to be well-versed in their local towing laws and New York state laws regarding unauthorized vehicles, towing company rights, and local legislation. This knowledge empowers you to navigate the situation with confidence and assert your rights.
Claims Against the Towing Company
For drivers who have found their car was towed by a towing company, figuring out where your vehicle is and how to get it back can be a hassle. In some circumstances, you may not be at fault for the towing instance, leading to more legal paperwork in the interim but a potentially significant financial payoff in the end.
There are two main scenarios in which car owners can claim the towing company acted unreasonably regarding their vehicle.
Negligence
Drivers will have to provide four key elements to file a claim for negligence on the part of the towing company:
- Breach: The towing company wrongfully towed your car (breach of the towing laws, zones, parking meters, and local rules)
- Duty: The company must use reasonable care (e.g., prevent damage to your vehicle and ensure safe transportation to the holding lot).
- Damages: The driver must show the recognizable damages to the vehicle.
- Causation: The towing company caused the applicable damages.
If a driver can show that the towing company removed the car without permission or just cause, they can show a lack of reasonable care and a breach. Furthermore, drivers who can show that the towing company damaged their property (e.g., windshield damage, broken side mirror, bumper dents, etc.) can claim damages and causation.
Breach Of Bailment
The second method of suing a towing company after removing your vehicle is to sue for breach of bailment. A bailment is a binding agreement that details the property transfer from the bailor to the bailee for holding.
By taking possession of the car (property), the towing company (bailee) must use reasonable care to store your personal property safely. If they do not use care, a driver can sue for breach of bailment and any subsequent damages.
Steps After Discovering Car Damage
If you come outside your office building to see that your car has been unlawfully towed, you may be thinking about numerous things. But following a few must-do steps can help you expedite the process of getting your car back, retrieving your possessions securely, and fighting against the towing company to receive just compensation for the issue.
Document the Damages
The first thing to look at when it comes to whether or not you can sue the towing company is if the towing company’s negligence is the main factor for the damage to your car or possessions.
Then, once this is proven, you can fight against any theories or claims that this damage was present beforehand by doing the following:
- Document the accident: Take photographs and videos of your car at the scene, including any visible damage.
- Police report: File a police report as soon as the police arrive to validate your claims, get the current situation in writing, and help expedite any insurance claims later in the process.
- Record the tow: Use your phone to record the towing action by the company to have visual documentation of what occurred during the removal.
Duty Of Care
When a tow company removes your vehicle, they are now in possession of your car and have a legal duty to take reasonable care of it. This means they are liable for any damage that occurs once they remove it from the scene.
Therefore, reporting the damage from a towing company by written statement or filing a complaint is crucial to showing the towers were at fault.
Who is Liable for the Damages?
If you know that the towing company is responsible for damaging your vehicle or possessions, they can be charged with negligence. In this instance, a third party is liable for your damages.
However, liability depends on the incident that caused damage to your car. For example, if a third-party vehicle causes an accident with the tow truck while it is transporting your vehicle, the driver of the car and the tow truck company are both at fault.
Other situations in which the tow truck driver is responsible for your vehicle’s damages include making illegal driving decisions, hitting another car en route, or improperly securing the car to the tow truck’s bed.
Recoverable Damages
Depending on the type of claim you want to file against the towing company, you can recover different damages. This reassures you that there are avenues to recover your losses and be made whole again.
Compensatory
Drivers can recover the towing fees and storage charges if they prove the towing company illegally removed their car. Working with a lawyer can help you determine if New York state offers a statutory minimum amount.
Drivers whose vehicles were damaged during transportation can also claim the cost of repairs. Documenting the damage, taking photos, and receiving repairer quotes can help validate your claims.
Furthermore, if property within the vehicle was lost or damaged while your car was under the care of the towing company, you can sue for the recovery of the cost of the items or repair the damage. Having itemized receipts and photos of the damage provides proof of the towing company’s faults.
Punitive
Drivers can also recover punitive damages, which are used to ‘punish’ a wrongdoer (in this case, the towing company) for their unfair or outrageous behavior. If the towing company did something outside of the norm during the towing process or storage of your vehicle, resulting in excessive damage to your car or personal property, you may be able to claim punitive damages.
Steps to Suing a Towing Company
Before deciding to sue a towing company, it is essential to determine whether it is worth your time, effort, and finances.
1. Contact Insurance Company
The first step in suing a towing company is to consult your insurance company to see if you have a valid case. Notify your insurance company before you proceed with the lawsuit, as they can preemptively cover some of the damage to your vehicle and reduce out-of-pocket costs.
2. Talk To The Tow Truck Company
Next, consider contacting the tow truck company directly to brief them on the situation, tell them your thought process, and potentially settle the issue outside of court. If the towing company is willing to take responsibility, you can attempt to settle out of court by the company admitting to wrongdoing, property damage, lost possessions, or a mistake.
3. File A Claim In Small Claims Court
Another option is to file a claim in small claims court to save money and speed up the process. However, drivers should be aware that they are limited in the money they can receive back from the court.
Filing a claim in small claims court typically involves filing a claim by a complaint form by the small claims court clerk. Then, after you file the complaint, you will receive a notice stating when to arrive in court and your docket number. The defendant then has the choice to answer the complaint and potentially enter a default judgment.
4. Consult A Lawyer
Lastly, using a professional lawyer is a helpful way to move forward in the legal process against a towing company. Hiring a personal injury lawyer is the right move to negotiate a settlement for drivers interested in suing the towing company due to loss of possessions, damage, or excess time wasted.
Can a Lawyer Help with Your Damages Claim?
Numerous factors affect whether suing a tow truck company can help repay the damage to your car or possessions during transit. However, hiring a reputable attorney from Cellino Law can help you make the best decision to obtain compensation.
Contact us today to get started with filing your claim.