QuestionHi Richard, My friend's car got towed this morning at his apartment. He drives a subaru WRX and it is a all wheel drive car. My question is that if the towing company damage the car while towing, b/c they didnt tow it properly, can my friend sue or charge the company b/c they damaged it? Also where can he get infomation on what time the car was towed and which officer sign the paper and at what time, b/c my friend saw his car at 9am and came back at 10am and it was gone.
Answerwell lets see what we can cover here.
First of all, "IF" is a big word. 99.9% of the vehicles towed do not sustained any damage to them. But of course there is always the chance, just like when parking vehicles illegally.
Sometimes it happens, sometimes it does not.
Sure he can sue the towing company anytime he wants to do so. Its the American way and a right to attempt to recover fees paid out.
Would he win, its one that no body knows.
Being a all wheel drive car does not mean it can not be towed, in fact all wheel drive cars have a tendency to incur higher prices for towing due to the specialized equipment needed to do the job.
How do you know that its damaged and what is damaged is another question. I loved it when people would come in to get the vehicle and make the comments that " you bent the (insert favorite part name here" without even seeing the vehicle.... Red flags go up at that point. They know something is bent, torn, dented or what ever and have not seen it. That always sounded like they were trying to blame the towing service for something that was "pre-existing"
Side note here, lots of tow companies who do tow a ways from private property ( stores, shopping centers, apartments, condos ) do take pictures of all 4 sides of the vehicle. This is done to establish the legality of the tow and also to show any pre-existing damages. Its a cover their behind issue.
Now as to the paperwork, you should get a copy of the bill at the towing company when you paid the fees due. On that (usually) is the time that it was removed from the lot.
If not then you can always ask the tow company (in a nice way ) for the information. Its best to be nice and polite and you will get more information that way. Be rude and loud and you will not get anything usually.
Who signed for the tow, well its hard to say but they might be able to provide that information. Usually its a property owner or manager, or security guard who authorizes tows. Police officers rarely do order vehicles towed from private property unless they followed a person in and arrested them.
I hope this helps if not, then feel free to contact me again.
Richard
