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pacecarnut

Junior Member
What is the name of your state (only U.S. law)? Tennessee

On Dec. 24th my 2002 F350 truck and 44' enclosed trailer were wrongfully towed while my wife and I were shooping at or local grocery store. Store managers did not call to have removed from property.
Tow company claims the had contract to tow wrongfully parked vehicles from lot, that has proven to be not correct.
Also, my trailer is a 5th wheel trailer (which is the style that comes up over the truck bed and requires you watch the corners of the truck and trailer while in a sharp turn so that the trailer doesnt smash into the cab. Well, guess what? While the tow driver was towing the truck, he must have made many turns while in tow and not aware of what was happening. before I was able to pick the truck up, I spoke with the owner two times and he never told me the truck and trailer were damaged while in tow.
owner of the tow company would not give me his insurance information or would not call his insurance companys and start a claim. I had to contact my insurance company and start a claim. Once my insurance company picked up the truck, his ins. company contacted me 3 days later. I told them, my insurance company was taking care of the truck and they would need to contact them to settle claim.
the truck and trailer sustained over 7,000.00 dollars worth the damage. The day my truck was picked up, I also filled suit in small claims court for loss of work and damaged to personal items to be repaired. I also am a self-employed transporter, and my truck and trailer are how I make my living, I have had to cancel over 6000.00 dollars woth the contracted work, and have been unable to bid on, or pick up any additional work as I am still without my truck.
Yesterday, the tow companys attorney contacted me and asked if he could reshedule the Feb. 08 2009 court date so his client (tow company and there insurance company)could have additional time to prepair for the case, I told him I would see him in court on the 8th and at that point he could ask the court for a contiuance. he then asked what I was wanting out of this suit, I told him I had lost my contract work, over $6000.00 and was unable to pick up any new work, also had to cancel my family cristmas/new years vacation because I had no truck to pull our toy hauler to our vacation spot in Arizona.
What am I entitled to ask for? There is so much more to this story, that I havent posted like, Tow companys are to report towed cars from private property to local police to be put on a list so when people report car stolen, police can inform owners of where and why their car is. Also, owner wouldnt release any information on his insurance to me, he said he wanted to fix the truck and trailer himself and I told him only a Ford dealer can fix my truck (which was in pristine condition) prior to this situation. his comments were Sh)+ happens, tell your insurance comp. to find mine.
I have been keeping a list of all expenses I have encountered during the last 26 days, rental car, lose of wages, filling fees, had to make a signiture loan to replace my income so daily life could countinue.
What am I entitled to in a situation like this??? any help would be helpful, thank you.
 


cyjeff

Senior Member
Certainly your damages and expenses... of course, keep receipts of everything you want to be reimbursed for.

The family trip really doesn't have a price tag... and, it could be said, that the loss of work was YOUR decision... you could have rented a truck and performed the work at a significantly reduced amount than turning it down....

Hmmm....

What does your lawyer say?
 

pacecarnut

Junior Member
As for renting a truck, no company out there rents 1 ton trucks. I use a gooseneck trailer that was custom built to my specs, (height, etrack, tie downs, wheel chocks, etc.) I haul custom motorcycles for, Sucker Punch Sallys, Big Bear choppers, West Coat and I haul high end Muscle cars for companys like Detroit Speed, 21st Century street rods and companys of this nature. So the average Uhaul or Penske trucks are not set up to the requirements I or these companys need.
I had contacted a attorney at the begining of all this, he said to just contact my insurance and let them handle it (the repair that is) but the tow company became a P.I.T.A. and until an adjuster could get out there and take pic, they didnt want anything moved, also the police dept. did'nt want it moved I found out because this is also a city contracted tow company. so it sat at the tow companys lot for 11 days, and has been at my Ford dealer since then, trailer still is in damaged state, as I dont have my truck to take it to the Haulmark recommened repair facility some 250+ miles away.
Do you feel I need to hire an attorney? since theirs is contacting me? and asking what I want so he can make that offer to their ins. company?
Again, thank you for any information or help.
 
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