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  1. #1
    Join Date
    Sep 2019
    Posts
    2

    Default Car Towed Illegally and Damage Occurred

    My question involves court procedures for the state of: New Jersey

    My car was towed from a shopping center while my husband was in the store shopping we have the receipt to prove he was in the store shoppingat the time when the car was towed. I spoke to several people from the tow yard about refunding me the money for the tow and they refused to issue a refund. Meanwhile, my husband and I didn't drive the car for couple of days. 3 days after the incident I drove the car and notice the ride was very off. I scheduled my car to be serviced the next service appointment was 9 days from the day the car was towed. The inspection and Diagnostic of the car revealed the transmission was damaged. Can I file a small claim for the damage to my car, the cost the tow, cost of car rental, and other expenses that are related to the loss of my car?

    2016 Chevy Impala was under 40K miles

  2. #2
    Join Date
    Oct 2016
    Posts
    3,240

    Default Re: Car Towed Illegally and Damage Occurred

    Of course, you can file suit. Anyone with the filing fee can file a suit.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,155

    Default Re: Car Towed Illegally and Damage Occurred

    Quote Quoting Aneesahm
    View Post
    My car was towed from a shopping center while my husband was in the store shopping we have the receipt to prove he was in the store shopping at the time when the car was towed.
    Cars don't get randomly towed from shopping center parking lots during store hours. Where was he parked? Loading zone, fire lane, no parking zone, handicapped spot, some place else that was maybe posted for no parking? Was the registration expired? There must be more to the story.

    Quote Quoting Aneesahm
    View Post
    Can I file a small claim for the damage to my car, the cost the tow, cost of car rental, and other expenses that are related to the loss of my car?
    Sure, you can file, but I think your real question is can you win.

    Do you have any evidence as to who caused the damage and how it was caused or are you just speculating that the towing caused it. Speculation doesn't win lawsuits.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,728

    Default Re: Car Towed Illegally and Damage Occurred

    It appears the limit for New Jersey small claims court is $3000. Depending on what it costs to repair the transmission, your costs could exceed that limit. If you wanted to sue for anything greater than the $3000 you would have to file the suit in a higher court.

    And as adjusterjack stated, you will have to prove your case by a preponderance of the evidence. Proving the tow company caused the damage may be difficult.


    I don’t know what other related costs you might have. You listed probably the only possible damages that would be attributable to the incident.

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