Towing Issues: Is it legal for a tow truck driver to break into your car to tow it?, release brakes, tow truck driver

Question
Hello,
I found this site absolutely accidentally :-)
Could you please let me know if its legal for a tow truck driver to break into your car to tow it?
I new that he needs to release the break to tow it. (I have toyota prius). They caused damage to my car and scratched it.
Also they told me that they didn't have the rights to open it so they didn't open it. I have sins of breaking in - scratches insight the door on right upper and insight on the door by the handle(looks like they tried to push with metal stick on the button to unlock it.) Also huge scratch on the passenger back door... I made a complaint with this office... I'm going to small claim (they told me "Good luck") and I don't know how to argue.
Could you please respond me on my e-mail?
Thank you so much!!!!!!

Answer
Well as a rule, tow companies have equipment to use which allows them to tow vehicles without having to get in and release brakes and such. They are called "DOLLIES"  

Now that being said, some companies are lazy and will attempt to unlock cars and release the brakes and that is when you find damage. Now if they know how to unlock the vehicle correctly and follow the correct methods.

It does sound like they did do some damage and that might be hard to prove what tools they used but to me it sounds like they used a "BIG EASY" or "LONG REACH" tool.  (basically like a strong coat hanger)

The scratches on the door, that might be damage to the vehicle while parked in their storage yard.

Now as to LEGAL or not, to enter the vehicle, it depends on the state you are in. Some will allow it and many do not allow it. It is generally a gray area in most cases.
ETHICALLY, I hate to get into anyone's vehicle without them there, cause of that bag of diamonds, or cash, or even drugs in the car. Opens up to much liability.

Hope this helps, and if you want to try for more information on how to really unlock your car, you can check with your local AAA office (not the tow company they use) and see if you can get a copy of the way to unlock your vehicle.

If that does not work, then you might try contacting a local locksmith and see if you can get a copy of the page telling how to unlock your car from them.