My question involves a consumer law issue in the State of: Florida
I was the only vehicle involved in an accident around mid-March where I had fallen asleep at the wheel and hit a guard rail. The car was completely totaled. The FPH called a tow company and told the driver to drop it at my apartment complex. When we got to the apartment complex the driver told me that informed me that he worked with Unitrin (my insurance company) showing his badge and claimed that they would cover charges of the car being impounded instead of the car being left at the complex. I told him I only had personal injury but he claimed they would still cover it. I called Unitrin and got an associate who couldn't answeu any questions explaining that it wasn't office hours and to call back. (I thought you could call your insurance company 24/7 in the event of an accident?)
When I finally got in contact with Unitrin, they claimed they only covered cars with collision insurance.
So I called the tow truck company and told them this, they said they couldn't do anything about it (even though they admitted that their employee made a fraudulent claim) and said they wanted their money or would put a lien on my license. They wanted $450 for less than 48 hours to release my car and tow it back to my complex which was about 15 min. away.
My mother agreed even though the price was ridiculous but the company claimed they only accepted cash and refused to accept payment with a credit card.
After 4 days of going back and forth with the company and the ruthless employee who told me he was enjoying watching me go through this ordeal, I decided to file a bonds.
When I go to trial I want to file fraud for the following points:
-An employee made misleading fraudulent claims of being affiliated with an insurance company.
-The company threatened to put a lien on my license for disagreeing with the charges. A police officer informed me that they did not have the power to do that. The company could only keep the vehicle for nonpayment.
-They refused to accept credit card payment when on the office wall they state that they accept visa, mastercard, check, money order, and cash.
Do I have a case here?
I thank you very much in advance for your replies!