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Laminar · Dec 3, 2007, 11:57 PM

Long story short, two of my friends had their (illegally parked) cars towed from a parking lot tonight. When we went to pick them up, the towers informed us that they found a large ice chunk (8-12" in diameter) under one car (Saturn Ion) and that there was a huge puddle of antifreeze there too. They claimed they couldn't have done anything to cause any damage, my friend must have driven up onto it without feeling it. At all. We went to pick up the car, and the antifreeze was totally drained, so we bought some more, and as i was pouring it in, I could hear it pouring out of the bottom.

It turns out the radiator had been bent straight up about 1/2-3/4", and a metal pipe coming off of the side had been ripped off, causing all coolant to drain out immediately. The shape and angle of the dent makes it absolutely clear that it was caused by the front of the car pressing down, not by the car driving onto it. The radiator is a good 1-2" above the lowest point on the bumper, meaning the bumper would have been demolished by the chunk before it hit the radiator, had the car come straight at it.

The towing company is quite sure there's no way they could have done it, and they claim that they're not responsible for any damages that occur in towing the car.

I'll admit ignorance to towing laws. If we had walked up to the gas station and driven either car away, what can they do? If they tow an illegally parked car do they have some sort of legal possession of that car? And if it's clear that they caused damage, how CAN'T they be liable?

My friend will take pictures tomorrow.

Buckaroo · Dec 4, 2007, 12:08 AM

Take them to small claims court.

I believe that if they are incorporated, they'll have to be represented by an attorney since no corporation can be represented by anyone else. It'll cost them more to litigate than to pay your claim. Just a guess.

hyteckit · Dec 4, 2007, 02:14 AM

Sue them. They are liable.

iMOTOR · Dec 4, 2007, 02:51 AM

Originally Posted by Buckaroo

I believe that if they are incorporated, they'll have to be represented by an attorney since no corporation can be represented by anyone else. It'll cost them more to litigate than to pay your claim. Just a guess.

Depends on the state and possibly the jurisdiction. In a California small claims court, an attorney or a non-attorney agent may not represent the plaintiff or the defendant. Basically, no third party can represent the person named in the filings. If a corporation is named in the filings, an officer, employee, or even board member may defend the business in small claims court.

Originally Posted by Laminar

The towing company is quite sure there's no way they could have done it, and they claim that they're not responsible for any damages that occur in towing the car.

I'll admit ignorance to towing laws. If we had walked up to the gas station and driven either car away, what can they do? If they tow an illegally parked car do they have some sort of legal possession of that car? And if it's clear that they caused damage, how CAN'T they be liable?

My friend will take pictures tomorrow.

First of all, was the car parked illegally on public property or private?

If private, was it clearly posted that parking was prohibited? Did the sign mention any city or police department codes?

Generally speaking, if a property owner can legally order a vehicle to be towed away, the tow operator takes possession until the fees are paid.

Paco500 · Dec 4, 2007, 05:48 AM

The way I read the title, I expected you had pulled a Griswold at the Tower of Pisa.

Laminar · Dec 4, 2007, 08:21 AM

The cars were parked in a private lot at a friend's apartment, and I'm sure there were signs posted.

osiris · Dec 4, 2007, 08:26 AM

A small explosive device could rectify this situation, but going to court may be your most efficient primary method of attack.

I am no lawyer, but I would recommend speaking to one before doing anything.

Kvasir · Dec 4, 2007, 08:46 AM

It may also depend on who ordered the towing. Many municipalities have local laws in place that if a city official (eg. parking enforcement or police officer) orders the car towed, then the towing company is automatically granted immunity for any damages to the car. In those cases, your complaint is with the city, not the towing company.

Not sure how that works if a private property owner (or their agent) orders the towing, given that the area is posted as no parking or permit holders only.

iMOTOR · Dec 4, 2007, 10:57 AM

Originally Posted by Kvasir

It may also depend on who ordered the towing. Many municipalities have local laws in place that if a city official (eg. parking enforcement or police officer) orders the car towed, then the towing company is automatically granted immunity for any damages to the car. In those cases, your complaint is with the city, not the towing company.

Precisely why lam's friend needs to go back and see if the sign mentions the city or police department.

Originally Posted by Kvasir

Not sure how that works if a private property owner (or their agent) orders the towing, given that the area is posted as no parking or permit holders only.

The tow operator might have liability waiver in their agreement with the property owner, which if the the judge decides to recognize, might default liability to the property owner.

Big Mac · Dec 4, 2007, 11:22 AM

Remember, we're parked under the Sun-Sphere.