Towing Issues: Towed from a Parking Spot, 2004 toyota solara, tow truck company


Question
On the 4th of July my 2004 Toyota solara was towed from the rear from an actual parking space. the complex says i was illegally parked. But I was towed from a parking space with two cars parked on both sides of my car. then when i picked up my car when i reached a gas station i found my bumper on the ground with extensive damages to the license plate and the bumper....obviously damage made by a tow truck. I called the tow truck company immediately and they said that they were not liable. then i called the complex but due to a holiday it took 24 hours to reach some one. then when i spoke with the property manager he told me if i received a statement from the tow company that my car was towed from parking spot that they would reimburse me. then i spoke with the tow company and she told me that the driver did confirm that he pulled my car from a space but they would not write a statement. i volunteer to write the statement and when i called the complex again he told me that the bored of directors have to vote to approve the refund and i would have to wait 5 weeks till they meet. then i called the tow company and they refused to speak to me any further and requested to that my lawyer send any correspondence. now i have to sue for damages but i don't know how to go about it. progressive is sue the tow company as well. is there a chance for double jep. or am i allowed to sue them as well the total came to about 1300 dollars.

what should i do...how do i go about sue who and for how much?

Answer
Well this question hurts to read...

First of all the vehicle was towed from a space by your admission.  The towing company said they were not liable at first.. Standard move, as everyone who gets towed seems to claim that something was damaged...

Ok the damage issue..  You drove off from the towing company to the gas station (how far, 1 block, 1 mile,  50 miles???)
First thing you should of done when picking up the vehicle from the tow company(yes even after you had paid but before the vehicle is moved is to do a walk around inspection for damage)

Once you left the lot, its harder to prove that the damage was there, as if it was dragging on the ground you should of heard the scraping of it when you tried to move (unless you had one of those  9 zillion watt stereos going)

You did the right thing contacting the towing company about the damages, and also the fact it was supposedly towed from a legal space..

As to the property manager and the property owners (board of directors) refunding the fees paid, that is something that has to follow their rules.. You can not expect them to instantly jump up and break all their rules and regulations.  Follow the procedure and see what happens..

NOW from reading, it seems you turned the claim into the Progressive (is that your insurance company?)  They will work on getting responsibility of damage established. But that will also take time to investigate and work on getting the claim paid..
If the insurance company is doing the investigation, they should be talking to the towing company about the damages,  not the fact it was towed from a space illegally.. That is a different matter..

Small claims court might be the way to go there, but since I have no idea what state you live in, hard to really answer about the legality of the tow and what kind of paperwork or required pictures were needed before the towing company did the tow..

Double jeopardy?   now why not sue everyone about everything, including the salesman that sold you the vehicle..After all it should of been equipped with stuff that says do not tow me.  What about the last place you ate at. Or the school you attended...(sorry venting here a bit) People do tend to go sue happy nowadays... I just hate that theory.

You can try to sue all the involved parties for fees paid, and damages, but remember one thing.. The more you try to collect then the more you open up a can of worms and get looked at closer.  Judges tend to look at the whole picture and act accordingly..