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stsupenia

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My sister was parked illegally and her car was towed. The towing company bent her rear axle of the car. They are claiming they are not financially responsible for damage because the car was parked illegally. Does she have a case? Or does she have to eat the cost of the damage?

ANY help would be appreciated. Thanks!!
 


I AM ALWAYS LIABLE

Senior Member
stsupenia said:
My sister was parked illegally and her car was towed. The towing company bent her rear axle of the car. They are claiming they are not financially responsible for damage because the car was parked illegally. Does she have a case? Or does she have to eat the cost of the damage?

ANY help would be appreciated. Thanks!!
My response:

Well, let's take this to the extreme for a moment.

Does the tow company have a right to take your car to a salvage yard and have it crumpled into a steel square, and then have it melted down and made into a new car?

No.

Then, the question is asked; is there a point between bending an axle and crumpling a car where it's not okay to cause damage? If they only do a little bit of damage, is that okay?

No, and no.

The tow company is on the hook (no pun intended). The tow company must use "great care" to not cause damage to the cars they tow. If they cause damage that was otherwise avoidable, they are responsible.

File in, and take them to, Small Claims court with pictures, estimates of repair, and all other evidence you can think of.

IAAL
 

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