Car damaged when towed because illegally parked.

[breiersen]

What is the name of your state? Florida

I live in New York, but my daughter has my car in Florida for a college internship. She was visiting a friend in Tampa, and was not aware that her car was illegally parked. (I am the owner and registrant of the vehicle). It was towed by a private tow company on police authorization. The car was fine mechanically when it was parked. When she went to pick up the car, she paid the towing fee/fine, and went to leave with the car. She noticed that the rear wheels wer making a grinding sound. She went back, and a young woman assured my daughter that they "gently" flat-bedded the car away. My daughter took the car to a nearby mechanic, who informed her that the rear frame was damaged to the tune of $1600, and in the way it was damaged, it had obviously happened during the towing process - in fact the damage was so bad that the BACK wheels are turned in. I came to find out that the car hadn't been flat bedded, but towed on 2 wheels, and there are chain marks on the back. Is the tow company responsible for the damage? Also, are they responsible to pay for a substitute vehicle? The car is undriveable, and make take a while to repair. Also, realizing the car was towed on police authority, do I have any recourse against them? I have made them aware of the situation through their website. I don't know what to do. Thanks in advance for your help.

 

[xylene]

You do have insurance?

Start with them.

 

[breiersen]

But insurance has deductible.

Isn't the tow company responsible? If I go through insurance, I have a deductible and the black spot of a claim.

 

[shortbus]

Much depends on the local regulations, but don't get your hopes up. If the tow company exercised reasonable care in performing their duties, it's unlikely they're going to be liable for the damages. Crap happens when your car gets towed. That's one of the incentives to park your car legally.

 

[stephenk]

Much depends on the local regulations, but don't get your hopes up. If the tow company exercised reasonable care in performing their duties, it's unlikely they're going to be liable for the damages. Crap happens when your car gets towed. That's one of the incentives to park your car legally.

Huh? Reasonable care in towing does not result in damage to a car. The tow company is at fault if they damaged the car.

 

[breiersen]

Amen

I'm still wondering about the aspect of going through my own insurance... Thanks

 

[moburkes]

Well, you've got 2 choices.
1. Call your insurance company, pay your deductible, get your car repaired, and let the insurance company go after the tow company for reimbursement, including your deductible.
2. Fight with the tow company while your daughter has no vehicle to drive, and hope that you prevail, because its an individual going up against an insurance company alone.

Your choice.

 

[breiersen]

Thank you all

This has provided some great insight. Thanks to all who took the time.