How To Sue A Tow Truck Company
If the insurance company does not cover the damage by the tow truck then you may have a case to pursue civil damages against the towing company. For example, a towing company may have a contract with a city police department in which the charge for a tow is $75.00, and the city may have a cap of $200 for private property tows.
The complaint should include the name and address of the tow truck company, with a detailed explanation of what the problem is, and what you have done.
How to sue a tow truck company. How large the vehicles is that you must tow. Be sure to factor the following into your towing rates: Some tow companies will pay up quickly as they hate being dragged into small claims court instead of being able to pass off the problem to an attorney.
The tow truck driver broke into my truck leaving a dent and alot of scratches, on the door. My truck was towed from my apt complex in pembrok pines, fl. However, if the court rules in support of the towing company, you will pay the fines and possibly the court fees of the company.
Use avvo find a lawyer feature or small claims court to get recovery for your damages, if you dont have insurance to cover this. If your vehicle was damaged while being towed, or while being kept in a tow yard, you may wish to file a lawsuit against the towing company. You are also limited in the amount of damages you can recover.
If your claim is for a relatively low dollar amount, you can sue the towing company in small claims court. Get a statement from the second tow truck driver and the mechanic who looked at your car at the dealership detailing the damage and how they believe it was caused. In most states, tow truck drivers need a class b license.
Now, go to the peace court and ask for a refund of the towing fee, often between $300 and $400. • you may consider naming both the business and the contractor, on the same claim, if he or she performed bad work. Also now the door does not unlock with alarm.
The company may be willing to pay up voluntarily. You can probably represent yourself in small claims court. • it is the contractor’s responsibility to prove that they held a valid.
In most states, tow truck drivers need a class b license. Neighbors sti was towed with by a conventional truck back in college, destroyed the differential, etc and other things. Needless to say, he got a brand new sti with the settlement money.
If a towing company owes you $10,000 or less, then you can sue in a california small claims court. You do not need the manager's name to go to small claims. If the insurance company does not cover the damage by the tow truck then you may have a case to pursue civil damages against the towing company.
You would likely pursue a breach of contract claim, as the company owed you a duty of care to keep your car intact while providing towing services. At that point, you can also contact your insurance company, and ask them to pay for the repairs under your policy and sue the towing company. If you are owed more than $10,000, you can still sue in small claims, but you agree to waive any additional amount you are owed.
Truck company told him it was his fault because he was parked without a permit, they didn't know his dad is one of the highest profile attorneys in socal. In may 2013, the us department of labor's wage and hour division announced united towing & transport inc would pay more than $157,000 in back wages to tow truck. Small claims court can provide a less expensive way to resolve your dispute with the towing company.
Every state differs, but generally in small claims court you are not represented by counsel. Corporations or other business entities may sue for up to $5,000. An adjuster should then contact you and ask you about the facts and for documentary evidence of your property damage.
How far you must tow the vehicle. You'll want to sue the company, not the manager. If a towing company violates these provisions (or any of the other requirements of § 22658), you should totally sue in small claims court!
If you can't or won't hire a lawyer, the way to proceed is to write a demand letter to the towing company. With clear evidence the damage was caused by the tow you may not even need to take it that far. A third option is to file a claim in small claims court.
If the court rules in your favor, the tow yard can refund as much as $1,000 and thrice the towing charges. You will also need a witness to prove the cost of repair, although it could be the same person. Corporations or other business entities may sue for up to $5,000.
If you want, you can take the information in the legal kit, including the legal brief, and convert it into a demand letter for the towing company to pay you a settlement without going to court. If you have coverage, they will make the repairs and sue the towing company for repayment including your deductible. Visit your state's supreme court website to find the statutory minimum for small claims.
The maximum amount you can sue a towing company for in small claims court is $10,00. They will probably notify their liability insurer about your claim. You would file a negligence cause of action against them, and be prepared to offer some kind of expert or mechanic testimony that it was the tow truck that caused the damage.
A class b license usually allows drivers to operate a vehicle weigh more than 26,000 pounds or a vehicle that is towing another vehicle that weighs 10,000 pounds or less.