How Can an Entrapped Party Dispute an Implied Contract

**glg** · 03-23-2011, 02:36 PM

My question involves a consumer law issue in the State of: Wisconsin

I was recently involved in an auto accident in which my car became undrivable.

Once the paramedics had driven off with my wife, the tow truck backed in and the driver asked me where I wanted the car. I gave him the name of our dealership of choice. Although it was only 3:30 PM on a Friday afternoon, the driver insisted that the dealership had already closed, and announced that he'd take the car to his lot, and the dealer could pick it up on Monday.

In my state of mind at the instant, I really had no practical choice but to accede.

On Monday I called our dealer, he dispatched his tow truck and quickly called to inform me that the original towing company had insisted on towing and storage charges of $440 before releasing the car.

Since then I've discovered that the total distance between the towing agent and the accident scene is less than seven miles, He had the car for less than two days, he has a BBB rating of 'F' and does not answer complaint calls.

In as much as the choice of towing agent was made by officials at the scene (I was never asked who I'd prefer to tow me), that those officials made a clearly unacceptable choice, and that this choice has resulted in unconscionable charges, what is my role in the towing contract, and what recourse do I have to repair to reasonable charges?

Thanks so much in advance for your help.

By the way I did forget to mention that the driver lied to me - the dealership was open till 7:00PM!