last friday, my car got towed (my fault, i admit it). when i got it back, the front end was fucked up. here are some photos...

http://www.sunsigngraphicdesign.com/mollie/DSC00413.JPG
http://www.sunsigngraphicdesign.com/mollie/DSC00414.JPG

it was DEFINITELY not like that before it was towed; i have my neighbor and someone else as a witness. i was looking at it the night before it was towed because there was a small scratch on another part of the bumper that i was going to order touch-up paint for, and i did not drive it between then and when it was towed. as i watched it being towed away, i looked at the front end and it definitely did NOT have the scratches on it. the two scratches/dents on either side of the big one match up to where the truck would have picked it up to take it away. basically it's going to come down to a he-said/i-said match; they supposedly have cameras at their lot, but if it happened off of the lot, i guess i don't have a 100% way to prove it. i am going to call the police and ask them to check his truck for traces of my paint... so i think i need a lawyer. any suggestions? or anyone had the same thing happen? my heart totally sank when i walked up to my car to drive it home and saw it fucked up, it's my baby.

and insurance won't cover this... that's why it got towed. lesson learned, it really is important to remember to set up auto-draft from your bank account

[Edited on January 17, 2008 at 11:07 AM. Reason : oops]

[Edited on January 17, 2008 at 11:09 AM. Reason : fuck]

1/17/2008 11:00:22 AM

welcome to the real world, they arent responsible for any damage incurred

[Edited on January 17, 2008 at 11:11 AM. Reason : ]

1/17/2008 11:11:13 AM

should be able to fix it for fairly cheap..

i really dont see it being more than $200...

[Edited on January 17, 2008 at 11:14 AM. Reason : i may know a guy that'll do it cheap...]

1/17/2008 11:14:27 AM

re paint it and call it a day.
unless you want it to be "perfect"

1/17/2008 11:15:48 AM

you got towed cause you didn't have insurance??? and is your car's name mollie?

1/17/2008 11:21:57 AM

nevermind... shoulda known better than to ask on here. i can get it fixed for next to nothing, my family owns a body shop. the point is, they fucked it up when i was assured it would be taken care of, and they're going to fix it. don't even get me started on the humongous transmission fluid stain they left in my driveway... i am surprised he had enough to get down the street with the puddle he left.

1/17/2008 11:42:02 AM

Quote :

"last friday, my car got towed (my fault, i admit it)"

and

Quote :

"they arent responsible for any damage incurred"

Just save the effort, and next time if your car means that much to you, even if there's a chance of being towed, then why risk it? Is this possible damage + fines + time without a ride worth it to just to save a few minutes or not plan ahead? Get it repainted and take the lesson learned.

1/17/2008 11:51:19 AM

They are 100% responsible for any damages.
They are 100% responsible for any damages.
They are 100% responsible for any damages.
They are 100% responsible for any damages.
They are 100% responsible for any damages.
They are 100% responsible for any damages.

When they take a vehicle, they then are liable for anything that happens while it is in their custody. If you need to take them to court, then do it. You won't need a lawyer for small claims.
They don't care about shit because no one ever holds them responsible.

Also, why is there a transmission fluid puddle? That should never happen. Did they break something else?

1/17/2008 11:55:57 AM

i don't need a lecture, i work 60+ hours a week and sometimes forget shit, like changing the auto-draft information on every single bill when i switch bank accounts. the point is, i was assured the car would be returned to me in exactly the same condition as when it was taken, with NO damage and would be kept in a secure lot with cameras and security system.

^ that was my point, they are responsible. i paid (and am still paying) a LOT of money for my car, and it IS a big deal when someone else fucks it up. i work very hard and don't have a couple hundred to throw around when someone else is responsible for the problem. not to mention, i'm actually quite embarassed to drive around in it like that, it looks like whoever was driving it was a fucking idiot.

[Edited on January 17, 2008 at 11:59 AM. Reason : -]

1/17/2008 11:56:20 AM

You asked for advice or suggestions, and were probably hoping for a way out of this. We're giving them to you, just because it's not what you want to hear doesn't make it a lecture.

1/17/2008 11:59:02 AM

no, you're the one contributing an irrelevant point. the questions actually asked were:

has anyone had something similar happen?
does anyone know of a good lawyer that can handle this if need be?

1/17/2008 12:01:03 PM

Quote :

"any suggestions?"

[Edited on January 17, 2008 at 12:04 PM. Reason : I'm not trying to be a dick on this, but you asked and I gave input]

1/17/2008 12:01:39 PM

Quote :

"so i think i need a lawyer. any suggestions? "

i meant suggestions for a lawyer. i'm multitasking.

1/17/2008 12:04:03 PM

check pm.

1/17/2008 12:10:50 PM

I might be wrong on this, but if you get a lawyer, wouldn't the lawyer fees be more than the cost of fixing the car anyway?

1/17/2008 12:22:22 PM

i just found that out, thanks mcangel! i'm going to try to settle this out of court, but if the tow company has any problems with it, i will take it to small claims. you can't see it in the photos, but it really is deeper than it looks, it's not going to be fixed by just painting it. the driver was really hauling some ass, i think he was just being careless.

1/17/2008 12:29:11 PM

Quote :

"welcome to the real world, they arent responsible for any damage incurred"

putting a sign on your truck to that effect doesn't make it true.

1/17/2008 12:34:22 PM

the whole thing boils down to responsibility. i was responsible for why it was towed in the first place. i paid everything i needed to pay and got everything regarding my car taken care of. and to ensure that i don't do that again, i WALKED 5 miles of the way to get my car back to give myself a good, long time to think about how important it is to make sure all of your account information with everyone is correct. i took responsibility for my actions, and i expect the tow company to take responsibility for theirs. i understand that they are not responsible for any property inside of the vehicle, but they are responsible for their actions in handling whatever they tow.

1/17/2008 1:06:03 PM

it's not what you know, it's what you can prove.

1/17/2008 1:07:46 PM

so why the hell was it towed out of your driveway? repoed?

1/17/2008 1:11:02 PM

I still can't figure out why it was towed in the first place....

1/17/2008 1:11:31 PM

looks like you got tOWNED

[Edited on January 17, 2008 at 1:20 PM. Reason : ]

1/17/2008 1:19:50 PM

that's irrelevant, but since you're curious... i set up my insurance to autodraft from one of my bank accounts. i switched my policy and got some extra stuff thanks to my insurance agent, but when the new policy was written, i still had not changed my bank account draft to the new bank account that i keep most of my money in. i lost track of time, and thinking that my insurance was just autodrafting, i didn't worry about it. i also thought i had made the last car payment, but i've been so busy with a few huge new clients that i wrote the check - and forgot to take it to the bank to make my car payment. insurance lapsed, car payment was late, and i just spaced out. car got towed, i called the bank and they said that if the manager was there, he could okay me just running a payment up the street to the bank and call my insurance guy, so it would be taken care of that day... but the manager was not there to okay that.

1/17/2008 1:24:05 PM

whoever said they arent responsible is a dumb ass.

they are.

it will be hard to prove that they did it tho. they will just deny it.

one of my friends cars got towed away improperly. it was in 1st gear and they towed it and blew the engine on it by doing that. she took it to a mechanic. mechanic confirmed that it was run too fast in 1st (from the tow truck). but couldnt prove it, so she had to get a new car.

1/17/2008 1:27:46 PM

^Your friend got screwed, and should have done more.

I had my car towed, and I sued the towing company. I was in the wrong, but they were not following the laws regarding towing. As well, I did not know that I wasn't supposed to park there.
I watched them tow my car, and drag it over a curb.
They settled out of court, and I made money.

1/17/2008 1:33:17 PM

^^ exactly captian obvious, you cant ever prove shit

[Edited on January 17, 2008 at 1:34 PM. Reason : for future reference take pics while it it on the truck before it leaves]

[Edited on January 17, 2008 at 1:35 PM. Reason : dumbass]

1/17/2008 1:34:15 PM

Quote :

"they arent responsible for any damage incurred"

way to make general false statements

Quote :

"dumbass"

1/17/2008 1:41:48 PM

^3

yeah she did

1/17/2008 1:42:12 PM

^ ok dumbass, if a tow company damages your car, and you cant prove shit, does that make them responsible in the eyes of the law? no, therefore they arent responsible, what you think and what actually happens in the real world are two different things

[Edited on January 17, 2008 at 1:52 PM. Reason : where the hell did you grow up? mr. rogers neighborhood? sesame street?]

1/17/2008 1:51:51 PM

I can read and comprehend, can you? he stated he had 2 eye witnesses.

Quote :

"dumbass"

1/17/2008 1:57:00 PM

i can find you two witnesses in five minutes that will tell a judge i just shit a golden egg, doesnt make it solid evidence

1/17/2008 2:08:05 PM

Im sorry they messed up your car man. But it might be hard to prove they did the damage. Im not sure what I would do, good luck to you.

1/17/2008 3:39:31 PM

1/17/2008 3:40:24 PM

in all honesty if you were to win you'd still pay $500+ for a lawyer to get you $300 worth of body work done.

1/17/2008 3:49:42 PM

In small claims, looser pays all associated costs.

1/17/2008 4:12:00 PM

ok so after reading like the first 8 posts


a towing company can fuck up your vehicle and not have to pay? is that what you all are saying? if so you better post a link or something cause that sounds like a bunch of bullshit

1/17/2008 5:18:53 PM

drunknloaded- You need to read all of it. They are fully liable for any damage to your vehicle. It is just hard to prove in a lot of cases.

1/17/2008 5:40:14 PM

Quote :

"putting a sign on your truck to that effect doesn't make it true."

amen...i like it when dump trucks put the distance warning on their tailgate with something along the lines of "not responsible for damaged windshields"...it's amazing how many people truly believe that if it's on a sign, it must be true

bring this to them, tell them you've people willing to testify that the damage was not pre-existing...they may call your bluff (well, it's not really a bluff), but if it goes to small claims, sue for your time and expenses incurred while dealing with this crap

1/17/2008 6:01:25 PM

^yep

1/17/2008 6:21:53 PM

yea good idea, waste money to teach them a lesson

and i doubt you'll win

1/17/2008 6:39:04 PM

Quote :

"In small claims, looser pays all associated costs."

Quote :

"In small claims, looser pays all associated costs."

Quote :

"In small claims, looser pays all associated costs."

Quote :

"In small claims, looser pays all associated costs."

Quote :

"In small claims, looser pays all associated costs."

Quote :

"In small claims, looser pays all associated costs."

Quote :

"In small claims, looser pays all associated costs."

1/17/2008 7:08:29 PM

man this is so not freaking fair...i mean who the fuck thinks to take a picture of their car before a tow truck tows it...basically makes it sound like tow trucks could do whatever they want and not have to worry about it


i mean it literally sounds like if i were a tow truck driver, and were having a bad day, and stubbed my toe, and i kicked seapunkys car, sounds like yall are saying she couldnt do anything(assuming no one saw me do it)

1/17/2008 8:41:19 PM

i had a similar situation with ace (or was is action then? they've changed so much...). my truck was illegally parked in the UT parking deck. at the time, i had a roll bar with lights in the bed. when they lifted it up and pulled it out, they hit and scraped the lights along the concrete ceiling breaking most of them. i was polite, and explained to them that i was fine with paying the towing bill since i was in the wrong, but that i expected to be compensated for the damage. they were very ugly, and basically told me to go screw myself.

so, i just had a lawyer draft up a simple letter notifying them that if a settlement wasn't reached within X amount of days, we'd be suing. they promptly cut me a check for the cost of new lights, labor to have them installed, as well as the towing fee (which i didn't even ask for).

bottom line, make sure they realize you mean business. don't screw around, do it tomorrow. it might cost you a few bucks to get a lawyer to engage in correspondence, but you can tack that on to the damages. at the least, tell them you plan to pursue legal action. 9 times out of 10 no company, even sleezy tow companies, want to be involved in litigation. especially over what looks to be less than a $1k repair (if there is such a thing in body work anymore).

even though you deserved to have it towed and should be responsible for any related fees, you in no way should take it up the ass for any damages. towing cars is their job, they should be expected to do it well. i know damn well that if i screw up at work it's going to cost me one way or another, so why should they be any different.

[Edited on January 17, 2008 at 8:59 PM. Reason : .]

1/17/2008 8:56:28 PM

this is why im glad my brother is going to law school.... not necessarily for any sort of major persk but for small shit like this.

1/18/2008 3:59:14 PM

^ Yeah, I have a friend who graduated law school a while back who has offered to send out threatening letters on his letterhead in exchange for free beer every once in a while. Haven't taken advantage of it yet, but it's such a sweet deal.

[Edited on January 18, 2008 at 4:16 PM. Reason : l]

1/18/2008 4:16:01 PM

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"looser"

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"looser"

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"looser"

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"looser"

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"looser"

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"looser"

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"looser"

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"looser"

1/18/2008 5:56:06 PM

4^ very useful post big, never really thought of just having a lawyer send a stamped letter...I really bet that would work with a lot of things...

...you learn something new every day on tdub

1/18/2008 6:28:44 PM

Quote :

"basically makes it sound like tow trucks could do whatever they want and not have to worry about it "

i used to know as a kid whose pops ran a towing company (not in NC though). He'd rip radios, radar detectors, anything esle that was loose in the about of it, any trim pieces from the outside that he considered useful. Their tow truck drivers drank and drove on almost a daily basis. They were buddies with the cop, and community was sorta ingoant to where not to many took the matter to litigation, so they got away with all that shit, probably still are havent been there a minute.

Hell, even in raleigh I remember when a big ole burly East Coast towing dude in raleigh chuggin two or three beers before he towed a car from behind our house

1/18/2008 6:30:58 PM

as pointed out several times already, just because someone puts a sign up doesnt mean its true. they ARE responsible for it. just like valet parking that uses the same signs once in awhile (ive seen several of them). they are responsible regardless of what they say.

1/19/2008 4:34:28 AM

any updates?

1/20/2008 3:20:07 PM