Tow Man In My Car

[samhoustonstar]

Hello,
This morning I went out to my car to warm it up. Well when I got ready to leave I went back into my house to look for my work badge. It took awhile to find it, so when I came back out I see my car is being backed out of the parking space. I almost hit the guy but I didnt because I seen the tow truck. I asked what was going on and he told me it was being towed for being over the line in the driveway. He said he had pictures of it and it had been left over night. Well yeah it was over the line but because of the way the other cars next to mine had also parked over. I also parked looking at the concrete bump that suppose to be dead center into the lines of our parking lot. This slab happens to intersect with the line. I have pics of the other two cars around mine and the concrete slab thats not right. My question is....Legally can a tow truck driver get into my car and move it while its running? What rights do I have reguarding me getting my car back? And Why werent the other two cars that were also in the wrong towed? Arlington, TX

[Mr. Knowitall]

If you are arguing that the other cars should have been towed as well, that's not a defense to your car's being improperly parked. Tow trucks only tow one car at a time - perhaps they were next in line.

What choice would the tow truck driver have, but to make sure the vehicle was off and the car was in neutral - your preference is that your transmission be ruined?

[chuckycheese]

He most definitely shouldn't have gotten into your car and, in doing so, opened himself and his employer up to liability that I feel sure his company would frown upon. If it were me, and I had a cell phone, I would have called the police and waited for them to arrive while I sat in my locked car. (I don't believe there's any way the tow truck driver would have towed it with you inside.)

[Mr. Knowitall]

As I understand it, he left the car idling ("standing") unoccupied while he did something else, and the tow was initiated during that time. If you know of a law which prevents towing under such circumstances, or which forbids the tow truck driver of taking such steps such as repositioning the car or turning off the ignition before the tow, I would be interested in reading them.

[chuckycheese]

As I understand it, he left the car idling ("standing") unoccupied while he did something else, and the tow was initiated during that time. If you know of a law which prevents towing under such circumstances, or which forbids the tow truck driver of taking such steps such as repositioning the car or turning off the ignition before the tow, I would be interested in reading them.

I know of no such law but I think entering someone's car uninvited, just as entering someone's house uninvited, is a serious mistake (and fraught with peril)....with possible legal consequences. Hopefully, Aaron will 'weigh in'.

[aaron]

Other than to say, the peril is probably particularly acute in Texas (and other parts of the south), I'll leave it to others to dig through the Texas Code. (It's here, if you're eager to get started. )