4 Steps to Follow in an Improper Towing Case
If you have legally parked your vehicle, expect it to be there when you return. Of course, mistakes can happen. You can take the wrong car even if you are not breaking any rules. There are steps you can take to recover the fees you’ve had to spend to get your car back if you’ve been involved in a towing case.
Evidence
The first thing you should do when you go out and find your car missing is collect evidence. You need to take photos of the area where you parked. You should also take pictures of any signage in the area. Make sure these pictures are clear and show what the signs say. The most common complaint is that “there was no signal”. This may be true, but you must show that there was nothing to indicate that you should not have parked there.
In addition to getting photos of the area, you should talk to anyone who has seen your car towed. Witnesses are a good thing, and they can help confirm that you did indeed park legally. Get their names and contact information. Also, note what time you parked the vehicle and what time you returned to your spot.
go get your car
You do not have to wait until the hearing to get your car back. The company that owns your vehicle is entitled to charge you a daily storage fee and those costs can add up quickly. You should contact the company immediately after discovering that your vehicle is missing. If there is a sign, there will be a number for you to call. If there is no signal, you should call your local police department. Most states require storage companies to notify officials within a couple of hours of receiving the car. Don’t call 911.
When you go to pick up the car, be courteous. Of course, he will most likely be irritated and even a little angry, but taking it out on the clerk isn’t going to help his case. Most likely, he is being videotaped, which could come back to haunt him during his hearing. You will have to pay to receive your vehicle. However, you do not have to waive your liability for damage done to your car. When signing their paperwork, cross out any verbiage that relieves them of this responsibility. Take notes on who you spoke with during your visit.
Verify that you were the victim of improper towing
The law varies from state to state on what signs and notices must be posted. All states require some type of warning, but the exact nature can be unclear. You can find this information online. However, if you are still confused, do not hesitate to contact an attorney. They can see the evidence you have and help you determine if the car was taken illegally.
The law can be confusing, so don’t wait to investigate. The time to request a hearing is limited.
request a hearing
In order for your case to be heard, you must request a towing hearing. In most states, this is brought before a justice of the peace. He or she will listen to all evidence and witnesses and determine if you were parked illegally. If it rules in your favor, it will order the return of the funds.
You only have 14 days to request a wrongful towing hearing. Once requested, the hearing will take place within 21 days from the date of the request. It is faster and more profitable than suing for damages.