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  1. #1

    Default Car Damaged While Towed

    My question involves a traffic citation from the state of: California

    I parked my car in a private lot and I believe that it was legally towed. However when I went to pick up the car I was handed papers to sign and a fee to pay in order to reclaim my car. Everything looked in order and I was led to my car. I immediately noticed body damage on the front passenger side that was not documented on the paperwork given to me from the tow truck company. This damage consisted of one long scratch down the side of the passenger door perhaps about 4-5 inches. The most severe damage was on the part below the door on the rocker panel (I drive a 09 Honda Civic LX), there is an indentation into the rocker and several gash marks about 6-7 inches long. As soon as I noticed this I mentioned it to the individual at the time and he refused to address the issue and kept repeating if I had a problem to sue the company. It's odd because the tow company noted very minor scratches in other places but did not note this damage. If it were on here before the towing it should easily have been the most recognizable. The damage appears to have been due to some kind of impact while the car was moving because I see streaks in the gash marks.

    I called today and spoke to a manager who refused to admit any possibility of damage and asked if I knew how they caused the damage which obviously I don't because I didn't see them. I took the car to a auto body shop and they did an informal estimate and said it was most likely several hundred dollars to replace and repair the damage. What recourse do I have against the tow truck company? What information or steps should I take if I want to pursue this further perhaps into a small claims court?

  2. #2
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Car Damaged While Towed

    You likely signed a release absolving them from damages. Further, you have no proof they caused the damages.

  3. #3

    Default Re: Car Damaged While Towed

    Quote Quoting Disagreeable
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    You likely signed a release absolving them from damages. Further, you have no proof they caused the damages.
    Yes I did as the tow guy happily pointed out but I was given those documents to sign after being told it was necessary to get the car. Again, the damage was not documented on the sheet they used to state what existing issues were there and I tried to point it out before leaving.

  4. #4
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Car Damaged While Towed

    Which weakens your claim even more.

    Quote Quoting dragonwalker
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    Yes I did as the tow guy happily pointed out but I was given those documents to sign after being told it was necessary to get the car. Again, the damage was not documented on the sheet they used to state what existing issues were there and I tried to point it out before leaving.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Car Damaged While Towed

    I suspect that if the OP was compelled to sign a document absolving the tow company of damages or he could not get his car back, that would have been unlawful and unethical. All the OP should have signed was a document acknowledging the release and a receipt, as necessary.

    Understand that tow companies get sued in Small Claims court for such things all the time. While you might have a better than average chance of prevailing based upon the tow company's own documentation of the damage, they might also claim that their failure to document the scratch doesn't mean that they caused it. Their driver might testify that the scratch was there when he towed it and imply that you are simply trying to cash in on their error for not documenting an existing scratch. Of course, this is also why they are supposed to make such written - and even photo - documentation.

    So, if it is worth the time and effort, file a small claims action against the tow company and give it a go. Your chances might be about 50/50.

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