QuestionQUESTION: I had a car accident on the 24th of October. The towing company had two very rude men come and tow my car across the street. I had a class the next day and they were very insistent that I do not take anything from the car but my mother fought them and took my schoolwork from the car anyway. The next morning the autobody shop came and took my car to their facility to be fixed. They started work on it right away. I went to go get something from my car and I noticed that my cd's were missing. The company fixing my car has known my family for twenty years and their shop is in a closed lot. The towing company is not. The men who towed my car left the interior lights on as well as the windows open and I believe that my personal property (a whole book full of cds) was stolen while under their care. Am I legally able to sue them for what was stolen?
ANSWER: "Am I legally able to sue them for what was stolen?"
In a nut shell anyone can sue anyone for any reason at any time.
But this does sound a bit strange that they left the windows open and the lights on while it was in the tow yard. But stranger things have happened before..
Now as to "open lots" verses "closed lots" I have to say that most tow yards are fenced and locked up but that issue has never stopped a criminal from doing what they want to and taking anything they want. It could of been anyone going past or it could of been "employee theft"
Specific laws regarding tow yard requirements vary state to state and even City to City, so without knowing what city or state you are in I can not provide "specific answers"
Proving who did what will be hard to do even in a court.
Now I am not standing up or saying that the tow company was wrong or right, but after vehicles are towed, a lot of claims for damage or missing stuff always seems to happen. Again not defending the tow company but it always seems the way to try and take out frustration of being towed...
The proof issue is going to be hardest to do as they can always say the cd's were not in the vehicle. I know it sounds like a bad answer, it is a typical "they say, you say" issue.
Your vehicle insurance might also cover the loss of the CD's, I would check with them and see what information and guidance they can provide you.
Hope this helps you with the answers as to what do to.
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QUESTION: Well I'm from New Jersey. My mother asked her lawyer what I could do, and he told me to take them to small claims court. The tow yard was right across the street from my accident. When my car arrived at the autobody shop, the cds were not in the car, otherwise, Carl (the owner/boss) would have taken them out and placed them in the office for me for safe-keeping. They were not in the car. My mother told me to take my camera to the towing yard and take pictures of the yard so in court I could prove that the lot is not "closed." My mother saw my cd case in my backseat when I had the accident, as did one of my friends who told me to leave them there and to get them at a later time.
The two men who towed my car were very rude to me about taking my schoolbooks out of the car, and even yelled at my mother when she asked them to tow it to the Carlson's lot instead of their own...Carlson's is about 5 minutes away. Carlson's came there the next morning and took the car. My car was there for about 12 hours. The owner of the company yesterday didn't even want to speak to me when I asked if anybody had taken anything out of my car. In fact, he tried to ignore me. I hope I gave you enough info & thanks!
AnswerWell the lawyer gave you good advise about the small claims court.
Sorry about the attitude from the tow company, for being rude and also not towing it to where you asked it to go.
Good luck, and I hope you get the CD's back or get other remedy
