Question
Front Damage
My truck was towed from my apartment complex for an expired tag. Showing up next day to get my truck, it was damaged all over. Tow truck driver dropped it by the entrance of the warehouse, someone used another truck or fork lift to move my truck back about 20' and over 7' pulling off two tires off the rim.
Drivers side tire was punctured by hooks that they used to pull my truck out of its parking spot. My brother was there, secretary of the towing company, owner of the towing company and the tow truck driver. I verbaly authorized the owner to replace the tire and to give me an estimate for repairs (as he claimed he had a repair shop that could take care of the damages). He agreed and said would call me back in few days when truck is ready to be picked up and taken to another shop for a 2nd estimate.
I took pictures and made notes on the same day that all this happened. When he called me and i showed up to pick up my truck, front tire was replaced, back tire was off the rim and the front bumper was replaced without my consent. I showed up the next day to pick up my truck, and they wouldn't release it without me paying the towing fees. I paid the fees and picked up the truck.
Front passenger rim was gouged up with the towing hooks, and the alignment was some how messed up to a point, that a regular alignment wasn't possible, so the dealer recommended installing shims to correct the camber adjustment.
I presented the repair bill to the owner two days ago, today at the end of business day, truck is still at another body shop, collecting storage fees at $35/day starting half hour ago. Spoke to the owner, he refuses to reimburse me for the damages. I cant pick up the truck because i don't have the money. I don't want to drive it either, to preserve it in its evidence state.
What can i do in this situation. I haven't even had a chance to drive it to check if the transmission is messed up or not, and now its collecting extra fee's. Does anyone have any advice or lawyer, that could collect his lawyer fee from this negligent company after winning the case? I have all the documentation, pictures, evidence. The trucks exhaust system was also bent up by the forks of the fork lift, but i didn't want to go anal on the repair bill, but now i am just ready to milk this company for the full repair.
What can i do? Companies buy liability insurance, how can i flex my legal muscle? I never authorized my truck to be taken for repairs, and i have made it clear with him acknowledging that he understood me, and he went behind my back to do this repair and disposed of the bumper without returning to me. He is one of the companies that the insurance commercials use to warn against back in the days.
AnswerLet's take this step by step and make sure I understand correctly. Truck was towed, damaged and tow owner agreed to repairs. You took pictures of damages and tow owner confirmed and agreed to repairs before the vehicle was released. You paid for towing and storage and picked up vehicle. Hopefully the agreed damages were written in detail on the tow receipt which also corresponds along with your pictures.
You were right to pick up the vehicle to avoid additional storage fees but now it's at another shop and a bill is due. Regardless of the arrangement made with the tow owner it's your truck and need to pick it up! Who authorized the repair at the shop with the current bill? Most repair shops must have a signed authorization on the work order before work can be preformed. Since I don't know what state you are in I can't say for sure but would definitely check. Should it come down to paying the bill, which at this point I would say it's in your best interest, pay the bill, document everything and get your truck. After you paid for the repairs occurred by the towing company (which you and tow company agreed to) then it's time to seek reimbursement from the tow company.
Should you and the tow company have disagreements about the repairs or to what extent then that's what small claims courts are for. Good luck and hopefully your situation give get resolved amicably.
