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  1. #1

    Default Car Hood Damaged During Tow

    My question involves towing laws for the State of: California

    Hi,

    I'll try to be brief. My sister was pulled over for a headlight violation. She didn't have a drivers license; the car was towed and placed in storage for 4 days. The incident occurred on Friday, we went and got the car on Monday.

    My mother didn't inspect the car at the towing facility. She just got in and drove away. It wasn't until 5 hours later at 6pm, that I noticed two dents on the hood of my car that were not there before. I went the following day, today, they told me it was not there responsibility. That she should of checked the car.

    I told them the paper my mother signed did not specify nor state she made them not liable after leaving the facility. It was a simple receipt, no policy or rules or laws mentioned.

    The police officer put that the car had some dents on the car but didn't specify where. I know my car has some, but on the doors due to hitting poles or doors when opening the car. The point of the officer, I believe will determine the outcome of the case, since he will write a supplemental report to specify where the dents where located.

    Is there any law that indicates that once I move the car out of the towing facility, I can't sue?

    What strategy would help me to sue the towing company?
    (I tried talking to them, they got mad and told me to sue or do anything I wanted)

  2. #2
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    Mar 2009
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    Default Re: Car Towed After Driving Without License- Car Hood Damaged with Two Dents

    Quote Quoting 13babul13
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    I told them the paper my mother signed did not specify nor state she made them not liable after leaving the facility. It was a simple receipt, no policy or rules or laws mentioned.
    So, in your opinion, how much time AFTER a vehicle is picked up (how may hours/days/weeks... etc), should the towing company be released of liability towards damages that are found on car?

    Quote Quoting 13babul13
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    The police officer put that the car had some dents on the car but didn't specify where.
    And without a specific indication as to where those scratches were, this bit of info isn't going to work in your favor. In fact it will work against you!

    Quote Quoting 13babul13
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    The point of the officer, I believe will determine the outcome of the case, since he will write a supplemental report to specify where the dents where located.
    Well, if you can get him to be a bit more specific as to the location of the scratches/dents that he noticed, as well as state that he had seen neither on the hood of your car, then that would help you establish that the hood got scratched/dented AFTER the vehicle was towed. However, it is still possible that the hood got scratched and dented during the 5 hours AFTER it was picked up!

    Quote Quoting 13babul13
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    Is there any law that indicates that once I move the car out of the towing facility, I can't sue?
    Not that I know of...

    Quote Quoting 13babul13
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    What strategy would help me to sue the towing company?
    Ultimately, I think you will have to come up with some sort of way to prove that"
    The damages are in fact new/did not exist prior to the tow, as well as prove that there is no way that the damages you're claiming occurred while the vehicle is in their possession, did NOT occur AFTER the vehicle was picked up (i.e. during that 5 hour period between the time it was picked up an the time you discovered the alleged "new" dents and scratches)!

    Well, if I were the towing company, my question to you would be: "what part of the towing process (hooking up a vehicle and loading it up on a flat bed OR hooking up a vehicle and towing it with the drive wheels off the ground , and then unloading it at the impound yard) do you think would cause the type of damage to the hood of a vehicle?"

  3. #3
    Join Date
    Sep 2005
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    California
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    Default Re: Car Towed After Driving Without License- Car Hood Damaged with Two Dents

    Quote Quoting 13babul13
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    I'll try to be brief. My sister was pulled over for a headlight violation. She didn't have a drivers license; the car was towed and placed in storage for 4 days. The incident occurred on Friday, we went and got the car on Monday.
    A license is required to drive in CA. An impound pursuant to CVC 22651(p) can be made if the driver has no license. Additionally, if she has NEVER had a license or has had it suspended or revoked, the car could have been impounded and stored for 30 days which would have cost the registered or legal owner between $2,000 and $3,000 depending on the locale. If they did not impound it for 30 days and could have, she is REALLY, REALLY lucky!

    My mother didn't inspect the car at the towing facility. She just got in and drove away. It wasn't until 5 hours later at 6pm, that I noticed two dents on the hood of my car that were not there before. I went the following day, today, they told me it was not there responsibility. That she should of checked the car.

    I told them the paper my mother signed did not specify nor state she made them not liable after leaving the facility. It was a simple receipt, no policy or rules or laws mentioned.
    She is free to make a claim and take the tow company to small claims court.

    The police officer put that the car had some dents on the car but didn't specify where. I know my car has some, but on the doors due to hitting poles or doors when opening the car. The point of the officer, I believe will determine the outcome of the case, since he will write a supplemental report to specify where the dents where located.
    Who says the officer will write this supplemental report? I know I would not likely direct one of my officers to write this after the fact as such recollection could be so full of holes and suspect as to be rendered almost moot.

    Is there any law that indicates that once I move the car out of the towing facility, I can't sue?
    Nope.

    So, why was your unlicensed sister driving your car? You do know that YOU can be charged with a crime for allowing her to drive it, right?

    What strategy would help me to sue the towing company?
    Filing the lawsuit takes no "strategy," just a visit to the local courthouse and the filing fee. Winning will be a matter of how convincing you can be.

  4. #4

    Default Re: Car Towed After Driving Without License- Car Hood Damaged with Two Dents

    Well, what bothers us is having to pay almost $500 dollars, and in addition to that, receiving the car damaged. We understand that we would either way have to pay the $500, but the damage to car is another thing. It is not fair, its unethical business practice. As to the point of letting my sister drive, we did not. She took the car without our consent, we would never let an unlicensed person drive - we know the consequences.

    I know its out of topic, but the local government system is corrupt. Its frustrating and disappointing to see how it operates. For example, when I went to the police department to complain about the incident, one day after, the police chief called the towing company to give them the "heads up" about the incident before even talking to me. A local police officer is really close to us, and he told us the chief and the owner of the towing company are best friends. I wonder why, lol. The mayor of the city operates a printing press in his garage. He doesn't pay taxes. High ranking members of the city only give employment to their family members or relatives. One of them is the police chief- His wife works at the police department. Its a little Mexico- It has even been sued for the above reasons a couple of years ago.

    As to the two dents, the police officer who was going to write the police report told me he would talk to the officer who wrote the report to see if he could remember anything. If he did, he would try to make a supplemental report.

    As to the strategy, I have this one:
    In order to have a good case,or any at all, I need the following:

    1) Supplemental police report that indicates the car had no dents on the hood prior to being towed. (If he doesn't remember, it will be really hard to prove the car had no dents on the hood, since the report is really vague)

    2) Logical explanation for why we did not notice the dents (Car was parked backwards; driver just got inside. We had to closed our business in order to pick the car up, after paying the towing fees, I immediately went to open the business and my mother left the car at home and went to the store. She took the keys )

    3) Provide a detail image of where the car was parked after moving it out of the towing facility ( The car was placed in the drive way, we have no tress or anything that could of fallen on the hood of the vehicle.)

    4) Associate the perfectly spaced out dents to a particular machinery of the tow truck consistent with inches and size. ( The two dents are perfectly spaced out- I would say they are around 12 inches apart. Today, I checked a towing truck placed outside a car dealership to see if the size of the dents were approximately consistent to the damaged on my car- The tow truck that I checked was about 14 inches, but anyone would associate the two dents to that part of the tow truck.

    The day after picking up the vehicle, I went and told them the damage was consistent to the equipment on the tow truck. That is when they told me I couldn't do anything about, since the vehicle had left their premises. They said a tree could of fallen on it, that it didn't happen there and to do anything I wanted to do.

    How would you feel?

    Well, I think I can manage the case, if I can prove the aforementioned. Aside from my interest in law enforcement, as you may recall from the aid you gave me, I would definitely love to go to law school. In fact, I am studying for the LSAT in October. I have done some evictions before, but they have never been contested. So, I am kind of green, lol. If I take the case to small claims, would I have to pay if I lost the case?

    I really want to thank you! You are a valuable asset to this forum. The information have provided in this thread and that of my criminal record have really helped me. I will notify you of the outcome of the LAPD background interview. Thank You, Sir!

    Without the support of 1 and 4, I have no possible explanation to counter an argument that the dents were made prior to or after recovering the vehicle.

  5. #5
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    Default Re: Car Towed After Driving Without License- Car Hood Damaged with Two Dents

    Quote Quoting 13babul13
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    Well, what bothers us is having to pay almost $500 dollars, and in addition to that, receiving the car damaged. We understand that we would either way have to pay the $500, but the damage to car is another thing. It is not fair, its unethical business practice. As to the point of letting my sister drive, we did not. She took the car without our consent, we would never let an unlicensed person drive - we know the consequences.
    Unfortunately, unless she is charged with auto theft the possibility still exists to some extent that you could be charged. It is not likely, just pointing out that it is possible.

    As to the two dents, the police officer who was going to write the police report told me he would talk to the officer who wrote the report to see if he could remember anything. If he did, he would try to make a supplemental report.
    Any such report would be highly suspect and could be seen as biased for or against either party. Unless the officer has a clear recollection of the condition and can articulate why he had such a clear recollection of something most of us would not likely recall some time later, I would not direct any of my officers to write such a supplement.

    1) Supplemental police report that indicates the car had no dents on the hood prior to being towed. (If he doesn't remember, it will be really hard to prove the car had no dents on the hood, since the report is really vague)
    I would be surprised if his recollection is that good. And i would expect that the tow company would argue that his recollection could not have been that good about some dents - or the lack thereof - some days later, after the fact. And then the inevitable question: Why were they not noted on the CHP 180 (form) when you completed it? Since that form is supposed to include indications of damage and the like, not including it at the time of the tow will likely render any later supplement in your favor suspect and challenged. The officer could potentially face the potentially career ending possibility of a court ruling his testimony non-credible (assuming he is called as a witness ... his report may not be permitted by the court as proof of anything without the officer present).

    2) Logical explanation for why we did not notice the dents (Car was parked backwards; driver just got inside. We had to closed our business in order to pick the car up, after paying the towing fees, I immediately went to open the business and my mother left the car at home and went to the store. She took the keys )
    Also subject to rebuttal and a counter argument that the damage was caused later and is being blamed on them.

    3) Provide a detail image of where the car was parked after moving it out of the towing facility ( The car was placed in the drive way, we have no tress or anything that could of fallen on the hood of the vehicle.)
    See above.

    And if there are kids in the neighborhood where you live, you likely have errant basketballs, baseballs, etc. flying through the air at any particular time - my neighborhood does.

    4) Associate the perfectly spaced out dents to a particular machinery of the tow truck consistent with inches and size. ( The two dents are perfectly spaced out- I would say they are around 12 inches apart. Today, I checked a towing truck placed outside a car dealership to see if the size of the dents were approximately consistent to the damaged on my car- The tow truck that I checked was about 14 inches, but anyone would associate the two dents to that part of the tow truck.
    If the damages are consistent with their equipment and how the vehicle was hooked up, that might very well be compelling.

    The day after picking up the vehicle, I went and told them the damage was consistent to the equipment on the tow truck. That is when they told me I couldn't do anything about, since the vehicle had left their premises. They said a tree could of fallen on it, that it didn't happen there and to do anything I wanted to do.
    Anyone can sue anyone else for most anything. So, they were obviously wrong. But, it does make a claim against them a little harder.

    How would you feel?
    It doesn't matter how I feel, or even how a judge feels. It will only matter if you can sway the court with a preponderance of the evidence.

    If I take the case to small claims, would I have to pay if I lost the case?
    Not unless they counter sue for something. You might be liable for court fees, however.

    I really want to thank you! You are a valuable asset to this forum. The information have provided in this thread and that of my criminal record have really helped me. I will notify you of the outcome of the LAPD background interview. Thank You, Sir!
    You are welcome.

  6. #6
    Join Date
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    Default Re: Car Towed After Driving Without License- Car Hood Damaged with Two Dents

    I have sued a city for damage done due to a tow .. small claims ... serve the city's attny. The only person that will show up will be the city attny in all probability.

    Keep you complaint vague, just note that the tow damaged your vehicle.

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