Introduction
Many people find themselves asking the question: “Can I sue a towing company for towing my car?” After all, when your car is towed, it can be an expensive and ultimately a very unpleasant experience. Fortunately, the answer to this question is more nuanced than it first appears.
Towing can happen for any number of reasons. There are times that a vehicle must be towed for safety purposes, such as when the roads are slick from snow and a vehicle needs to be removed from the roadway. There other times when a vehicle is parked in a no-parking zone and needs to be removed for the public good. In some cases, a vehicle may be towed for non-payment of loan or parking fines.
When a vehicle is towed, it is important to understand the laws and regulations involved. In most states, towing companies must abide by certain laws when it comes to towing a vehicle in order to protect the rights of the vehicle owner. Knowing these laws and regulations can be critical if you ever find yourself in a situation where your car is being towed.
What Is The Law?
In most states, a towing company must have one of three criteria to lawfully tow a car:
1. Written consent by the registered owner or someone who is legally authorized to give such consent;
2. Possession of a lien or a storage agreement for the towed vehicle; or
3. A warrant from a court of competent jurisdiction authorizing the towing.
Of course, each state may have its own requirements for towing a vehicle, so it is important to check with your state’s laws if you ever think your vehicle may be towed.
In addition to the requirement for a law to be met in order for a car to be legally towed, there are also three general rules that must be followed by a towing company in order to ensure that the towing is lawful:
1. The towing company must inform the vehicle owner that the car is being towed;
2. The towing company must provide written notification of the reason that the car is being towed; and
3. The towing company must provide the vehicle owner with a statement of the amount due for the towing.
What Are Your Rights?
If a towing company does not follow these legal guidelines or if the towing is not done lawfully, then the vehicle owner may have a legal right to sue the towing company. Additionally, a towing company should never impound a vehicle that is parked on private property without first obtaining written consent from the owner of the property.
If you think that your vehicle has been towed unlawfully, it is important to act quickly. You will want to make sure to retain all of the documentation associated with the towing, including the towing company’s receipt, the notice of towing, and the bill. You may also want to take pictures of the towing incident or have someone who witnessed it write down what they saw. All of this information may be useful in a court of law.
The law varies from state to state, so it is important to do the research and find out exactly what you should do to protect your rights. Of course, you should always contact an attorney if you think that your vehicle has been towed unjustly.
Damages
In a successful case against a towing company for wrongful towing, damages can vary. The primary aim of such a lawsuit is usually to get the plaintiff their vehicle back, as well as to recover any associated towing expenses. In addition, the Plaintiffs may be able to recover compensatory damages and punitive damages. Compensatory damages are typically those damages that can be directly attributed to the towing incident, such as any lost wages due to being unable to go to work. Punitive damages may be awarded if the towing company can be shown to have acted fraudulently or recklessly.
In many cases, the towing company will try to settle before a case reaches court and this is often the best solution as it can be less time-consuming and costly than going through a trial.
Reimbursement
In some states, a towing company that breaks the law by towing a vehicle without legal authorization or proper notification may be liable for a reimbursement of the vehicle owner’s towing and storage fees. This means that if you have had your car towed without legal authorization, you may be able to recover the towing and storage fees from the towing company.
How To Avoid Being Unlawfully Towed
In order to best protect yourself from being unlawfully towed, it is important to first understand your state’s towing laws. This means familiarizing yourself with the laws and scenarios under which a towing company may legally tow a vehicle.
It is also important to be aware of your environment. Make sure that you are not parking in a no-parking zone or somewhere that you are not authorized to park. If possible, it is always a good idea to take a picture of the parking spot you are parked in, just in case something happens and you need to prove that you were legally parked.
Finally, it is also important to always know who you will contact in the case of a towing incident. Be sure that you have the phone numbers of your local towing company, tow truck driver, or police precinct handy at all times.
What To Do If Your Vehicle Is Towed
If your vehicle still has not been returned after an unlawful towing, it is important to take action quickly. The first step is to document as much as possible, including photographs of the towing incident, witness statements, and any documents related to the towing.
The second step is to contact a lawyer. An attorney may be able to help you recover your car and seek any damages you may be entitled to.
Conclusion
It is important to understand the laws surrounding towing in order to protect your rights if you ever find yourself in a situation where your vehicle is unlawfully towed. Knowing what your rights are and understanding the steps you need to take can make all the difference.
