QuestionQUESTION: i was parked at an apartment complex and left. My car was parked in front of his apt. While he and his friend was standing outside the balcony, he saw a tow truck trying to tow my car. I drive a Mazda RX7 fully lowered.
when my two friends approached the driver because they heard the scrapings on the front bumper told him to stop. The driver told them that the towing caused $150 and one of my friends offered him $100 to let the car down.
On the way up to get the $ the driver pulled the car up in the hurry and cause some cracks on the aftermarket bumper due to excessive force.
i need to find out the right procedure to claim for the damages for my car. I live in Michigan and i have 2-4 witnesses that can prove that the driver caused the damage.
ANSWER: Well, first of all it sounds like the driver was trying to do it right, BUT I am going to defend the tow company next..
Cars and towing procedures which I can provide you (check out www.towspec.com) are for STOCK VEHICLES..
Any time you modify the vehicle, lower it, raise it, add extra ground effects to the vehicle, YOU HAVE INCREASED THE RISK for damage... How much damage do you do going over speed bumps and into driveways while just driving it down the road. A lot of damage can and usually been done prior to towing...
Now I know you said that you have people who seen the tow truck driver attempting to load the vehicle (I am wondering if this was on a flatbed - rollback tow truck) and as such "legally" could only collect if the vehicle was on the truck...
Now one thing I have to say here about the question, you mentioned you parked and left and your friends stopped the tow truck driver and paid him... In 99% of the cases that would not happen as the only person "legally" able to redeem the vehicle is the vehicle owner...
Ok as to filing for damages, you need to take the receipt and the vehicle to the tow company, and try to get them to do right about repairing the damages.. BUT also expect the same problems about the modified vehicle and the "REAL POSSIBILITY" of pre existing damages which they will really claim that you are trying to get them. Expect an huge uphill battle...
Now it you really do not get any help there, you always have the small claims court route, but remember one thing when dealing with this "WHOLE ISSUE" be it the tow company or the court route...
DOCUMENT THE WHOLE THING, dates and times you talk to people and what is said...
PICTURES, PICTURES, PICTURES get that hint
And be civil with the whole deal, getting mad will not do any good.
---------- FOLLOW-UP ----------
QUESTION: There was no prior damage done to the car cause i just had the whole front bumper repainted for stone chips for the process of selling. I am very particular about my car. This car has only been driven 3 times this year and twice after the paint job was done on the car. There are no speed bumps in the area at all.
as for the damage on the bumper, it is obvious because the only was to produce damage shown on the groves is the car has to go on reverse at more than a 35 deg angle. The groves are starts thicker from the back then thins out in the front. If the car was scraped prior to this while driving on the road, your car is usually driving forward. The groves would then starts thicker in the front then thins out to the end. The sign of damage on the bumper also shows that the car has to be dragged (constant weight put on it) at that angle for a longer period of time because there is no way possible that the car could go on reverse on an angle for a long period of time. As u know any hill or bump would only b a split second. The scraped part underneath the bumper is also starts horizontally from side to side which also shows that the car has been dragged contantly on a flat ground in reverse.
I am just providing evidence because i wasn't present at the time. The tow truck driver left the car on the middle of the road away from the parking spot and my friends have to wait for me to get there to move my car.
AnswerWhile I was not "defending the tow company" I was stating facts that I have seen over 29 years of towing cars, trucks and semis...
I know I have dealt with this before as a manager and such...
I would talk to the tow company manager or owner and see what they say about it... It all depends on that response as to the next steps.
