Towing Issues: towing of recovered stolen car, aaa roadside assistance, san diego county sheriff


Question
I live in an unincorporated section of San Diego County.  My car was stolen from in front of my home last December.  I reported it to the San Diego County Sheriff.  The next day I received a "restricted caller" call on my cell phone while I was driving and the caller did not leave a message.  8 minutes minutes later I received another "restricted caller" call and answered only to be surprised that it was a Chula Vista police officer saying he had found my car, but since I hadn't answered the phone on the first call he had had my car towed.  I immediately called the tow company and was told the car wasn't even there yet!  I retrieved the car later the same day and was charged $300 (including one day storage)!  The officer told me on the phone there was no evidence with which to try to apprehend the person who stole my car.  Although the ignition was removed and the car was listed in the computer registry as stolen, no fingerprints were taken.  The commanding officer was somewhat commiserating, but he and the tow company both indicated that most people have insurance that pays for such things.  I do not carry comprehensive coverage as my car is nearly 20 years old and paid for and my AAA Roadside Assistance policy won't cover it.  

I feel more ripped off by the towing company than by the car thief.  The thief only used 1/2 a tank of gas and took a cheap digital camera I had just bought as a Christmas gift!

Do I have any recourse?  Other than a form letter from the Sheriff stating they would be investigating the theft I have not been contacted with any further info.

Answer
Well as much as I agree that you were "a victim twice", once by the thief and then by having to pay the tow fees, I really have to ask if you think that the tow company should buy the trucks, and pay for a storage yard and office and tow stolen vehicles for free?

As to the police getting finger prints, they really do not do that much anymore as they would be overwhelmed with cases and prints. Yes it might lead to someone getting sent to prison, but given the current crowding in prison they would be out rather quickly it seems.

As to getting your money back, unless they find the criminal then you really have no one to go after. You might find a victims fund deal which would pay some of it, but I doubt it. You cannot sue the police for having it towed, and since you do not have full coverage insurance, you are taking the financial risk for any losses.

AAA does not as a rule pay for towing and storage fees, but they might of towed it from the impound yard to your house or a repair shop. Its a common belief that AAA will pay for tows in every case, but as you found out, they do not.

Small claims court, but who you going to sue?  So that is out of the question.

Sorry for the bad news, but I can not find any easy answer for you.