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towing from apartment complex/missing property from vehicle after towing

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cyncar88

New member
What is the name of your state?Arizona

My boyfriend had his vehicle towed from my apartment complex after parking in a fire lane for no longer then 30min. When he discovered his car gone we quickly started searching the rest of complex for a tow truck we had just barely missed the tow truck leaving the apartments from what other residences had told us when we asked if they had seen a tow truck Thinking that it was too late we had already missed the tow truck we were heading back to our apartment when we heard a car alarm that sounded like our vehicles begin to go off so we followed the alarm sound to the next block over from our apartments. It was the tow truck and our vehicle the driver made the alarm go off when they had i guess opened my boyfriends vehicle door. When my boyfriend arrived he saw the driver inside his vehicle going thru the middle console when my boyfriendinformed the driver that that was his vehicle and asked him what he was doing the driver replied he was looking for the vin number (doesnt make sense ) but you dont really think too much about things at the moment if the tow driver agrees to release your vehicle to you for a fee. My boyfriend paid the driver 75dollas to have his car released he didnt get a reciept or anything like that and he didnt question anything since he assumed the driver was doing him a favor by letting his vehicle go in the first place, after the transaction and release of the vehicle and driver leaving my boyfriend had discovered that he had some of his property missing from his vehicle. what can he do and what are his rights'
 


Just Blue

Senior Member
What is the name of your state?Arizona

My boyfriend had his vehicle towed from my apartment complex after parking in a fire lane for no longer then 30min. When he discovered his car gone we quickly started searching the rest of complex for a tow truck we had just barely missed the tow truck leaving the apartments from what other residences had told us when we asked if they had seen a tow truck Thinking that it was too late we had already missed the tow truck we were heading back to our apartment when we heard a car alarm that sounded like our vehicles begin to go off so we followed the alarm sound to the next block over from our apartments. It was the tow truck and our vehicle the driver made the alarm go off when they had i guess opened my boyfriends vehicle door. When my boyfriend arrived he saw the driver inside his vehicle going thru the middle console when my boyfriendinformed the driver that that was his vehicle and asked him what he was doing the driver replied he was looking for the vin number (doesnt make sense ) but you dont really think too much about things at the moment if the tow driver agrees to release your vehicle to you for a fee. My boyfriend paid the driver 75dollas to have his car released he didnt get a reciept or anything like that and he didnt question anything since he assumed the driver was doing him a favor by letting his vehicle go in the first place, after the transaction and release of the vehicle and driver leaving my boyfriend had discovered that he had some of his property missing from his vehicle. what can he do and what are his rights'
What property was missing?
 

zddoodah

Active Member
what can he do
I'm sure he can do lots of things, including filing a police report and suing the driver whom he apparently believes stole the items. Did you/he really not know that? Also note that, just because he can sue doesn't mean he'll necessarily win.

what are his rights
It would serve no useful purpose to create or attempt to create a list of legal rights.

is it too late to report it if it was last night
No.

Your boyfriend can sue the towing company for the used value of the items.
While it certainly is correct that he can sue the towing company, the tow company would not be vicariously liable for the alleged intentional tort (unless there's a statute that imposes vicarious liability in this specific situation). The towing company would only be liable if the OP's boyfriend could prove negligence on the tow company's part (e.g., if the company continued to employ the driver despite a history of similar conduct).
 

quincy

Senior Member
A report to the tow company might be smart. I am not sure the tow company wants it’s tow drivers to accept cash to release a vehicle, especially since the tow companies are required to report the tows to the police department.
 

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