2007-04-27 06:03:35 · 8 answers · asked by cristina f 1 in Cars & Transportation ➔ Insurance & Registration
The tow company.
2007-04-27 07:54:56 · answer #1 · answered by bundysmom 6 · 0⤊ 2⤋
OK. lots of different answers I see.. here is my take on it.
Regardless of WHY it was towed, the police assume control and responsibility of the vehicle at that time and then release the vehicle to the custody of the tow company.
Sooo.. from YOUR point of view, the police took it from you and did something to it.
You should contact the City or Agency that is responsible for that police department and file a 'claim for damages' or whatever they call it there. In most Cities you must first do this before you can sue.
The City must investigate and provide you with a response. They, in turn will contact the tow company who, typically, will say that 'it was already there'.
If the City denies the claim then you can file a lawsuit (under $5 is a small claims action) and have your day in court.
Be prepared to PROVE.. not just allege that the damage occured while the vehicle was in the custody of the Police department. This would be by photos, independent (this means not you) testimony or something like that. If you can not do this, then do not bother because you are just wasting your time.
Don't bother with suing the tow company unless you do them at the same time as a co-defendant.
ok... good luck whatever course you take.
.
2007-04-27 09:45:47 · answer #2 · answered by ca_surveyor 7 · 0⤊ 1⤋
The towing company (or police) are responsible for what happens to your car during towing and storage of your vehicle. This includes body damage as well as any damage to mechanical components of the vehicle as a direct result of the towing.
You need to prove that the towing caused the damage. Video or photos that can be verified as being taken during or shortly before the time of the towing are good. Witnesses are better. If the damage is expensive enough, get a lawyer. If it's a small dent or scratch, forget it. It will cost you more to fight in court than you would get from the desision anyway. (You can't sue for anything other than the actual value of the repair.) Plead guilty and maybe the judge will dismiss some of the fines for the damage, but don't bet on that.
Be more careful where you park next time.
2007-04-27 06:19:04 · answer #3 · answered by mad_mike_j 4 · 1⤊ 1⤋
Understand the police don't actually tow, they call for a tow from a contractor. The contractor has insurance to cover damages. That being said, the burden of proof is on you to prove the car was undamaged before the tow, and damage was caused by the tow operator.
2007-04-27 10:05:32 · answer #4 · answered by Fred C 7 · 1⤊ 1⤋
Just because they are the police does not mean they can cause damage to your car when towing it. Take them to small claims court. If you can prove they caused the damage (such as, damage was caused by improper towing) you can probably collect. If the damage was a dent or scratch, good luck. You'll have to prove they did it, and the chances of that are slim.
2007-04-27 06:17:46 · answer #5 · answered by Cindy 6 · 0⤊ 1⤋
You are, just try and get something from the tow company or the city where you live, if you succeed let me know because you will be the first to have got anything.
2007-04-28 02:37:34 · answer #6 · answered by Anonymous · 1⤊ 0⤋
it depends where it was towed from...if you were parked illegally or what have you and your car was towed...then it would be your fault.
2007-04-27 06:12:47 · answer #7 · answered by Anonymous · 0⤊ 1⤋
You.
2007-04-27 06:10:54 · answer #8 · answered by bill a 5 · 0⤊ 1⤋