QuestionI was a resident of an apartment complex in Houston, Texas (Harris County). I proceeded outside to the parking bays to find that my new 2007 black Jetta was missing. I was told that my car had been towed. The apartment manager, she initially stated that the car was in a reserved parking bay, but later upon inspection of the photograph taken by the towing company prior to towing my vehicle, it is clear that there is no reserved sign. She admitted it had been in error and apologised.
I went to fetch my car and found the tire flat and the sidewall damaged. I then noticed a noise coming from the lower front and when took it to the dealer was told the bolts had been sheared off the bottom plates due to incorrect towing. (I was told the new VW cars can only be towed on flatbed trailers). The apartment complex refuse to compensate for anything. Would you be able to recommend how I should proceed ? Are there any laws protecting individuals in my position ? Thank-you so much. Melissa.
AnswerI am going to have a problem answering this question.
First of all if you were parked in a space, where you nosed in or backed in?
Lets say you were nosed in, and the tow truck (be it a flatbed or regular wheel lift tow truck) would be hooking up to the back of the vehicle, now either of the tow trucks would cause the rear of the vehicle to lift and lowering the front of the vehicle. If there were parking curbs in front of the vehicle you "could" rub the front panels on the curb.
But then with the newer vehicles such as yours, they are low to the ground and parking curbs (and speed bumps) are also the enemy when driving. Just driving can cause the same damage..
Now if you had backed into a space then your vehicle was most likely hooked up from the front and that would mean that the front would be lifted first and cause the rear to drop.
Now damage to the sidewall of the tire, that can be done with some wheel lift tow trucks. It happens at times, but it is not that common of problem.
Now I also hate to say this, but most dealers do not know how to properly tow vehicles and what equipment is required. A "competent" tow truck driver can use a wheel lift tow truck and other equipment such as dollies to tow a vehicle safer than a flatbed tow truck. Remember it has to roll UP an incline to get on the flatbed. A tow truck can just be lifted straight up with no rolling movement.
Now if you feel that you were wronged and the tow truck company is avoiding you, you always have the small claims court route to go.
