Towing company damaged my vehicle - MA

[mazdaDrive]

Hello, I am from the state of Massachusetts. I have an AWD Mazda 3 and it was towed away by my apartment's towing partners for parking at an undesignated parking spot on New Years Eve (as all the parking spots were taken). I received an alert on the Mazda app that someone had broken into my car and I immediately reached out to the towing company (within 10 minutes of them towing it). They made me sign a form which mentions they are not held liable for any damages done to the vehicle during their tow. I inspected the vehicle after signing the release forms and noticed a huge deep scratch on the back bumper (my car has never been in an accident whatsoever) and the bumper was slightly curved upwards. There were scratches on the underneath of front bumper too both on the left side and right side. My car also gives me the following warning message - "Dynamic Stability Control Malfunction". There is also a notification on the Mazda app with timestamp for the following warning - "Critical Vehicle Malfunction Alert: Brake system malfunction". I tried reaching out to the towing company and as I expected they were not ready to take responsibility for the damages which they have caused. Geico was not ready to help as I still have not met my deductible and they see no incentive in going after the towing company at this point. I am going to get the vehicle inspected by authorized mazda dealership. At this point I am not sure how to proceed. Any advice will be appreciated.

FYI - The towing company did take pictures of the car before the tow. The pictures are not the best quality images but no damages on the bumper can be seen in those pictures. I have taken pictures of the damages caused by them and have the notifications of Mazda App saved along with their timestamps which clearly show malfunction damage to be done at the time of towing.

 

[Zigner]

It's unfortunate that you signed that form.

 

[zddoodah]

They made me sign a form which mentions they are not held liable for any damages done to the vehicle during their tow.

"Made [you] sign"? How did the towing company or any employee thereof "make" you sign this form? And did you sign it before or after the vehicle was towed? Sounds like after, but please confirm.

I inspected the vehicle after signing the release forms and noticed a huge deep scratch on the back bumper (my car has never been in an accident whatsoever) and the bumper was slightly curved upwards.

Why didn't you conduct this inspection before signing a form that may have absolved the towing company of liability?

Geico was not ready to help as I still have not met my deductible

How large of a deductible do you have?

At this point I am not sure how to proceed. Any advice will be appreciated.

Well...either the form you signed absolves the towing company of any liability for damages or it doesn't, but no one here can evaluate the document you signed without reading it.

 

[LdiJ]

"Made [you] sign"? How did the towing company or any employee thereof "make" you sign this form? And did you sign it before or after the vehicle was towed? Sounds like after, but please confirm.



Why didn't you conduct this inspection before signing a form that may have absolved the towing company of liability?



How large of a deductible do you have?



Well...either the form you signed absolves the towing company of any liability for damages or it doesn't, but no one here can evaluate the document you signed without reading it.

That is a standard form the towing companies will make you sign before they will release your car to you.

 

[mazdaDrive]

"Made [you] sign"? How did the towing company or any employee thereof "make" you sign this form? And did you sign it before or after the vehicle was towed? Sounds like after, but please confirm.

It was my first time that a vehicle was towed and I was not familiar with the formalities. They had stored the vehicle in a different place and would only return it if I signed the form. And yes, it was signed after the vehicle was towed. It was a huge blunder on my part to have signed it in panic.

Why didn't you conduct this inspection before signing a form that may have absolved the towing company of liability?

As I mentioned above, they would only bring the vehicle if I signed the form.

How large of a deductible do you have?

$1000. I am getting the car inspected by Mazda service center tomorrow and will most likely cross my deductible to get things fixed.

Well...either the form you signed absolves the towing company of any liability for damages or it doesn't, but no one here can evaluate the document you signed without reading it.

The form says the following in plain writing -
"Not responsible for damage while winching, pushing or pulling",
"Not responsible for damage while unlocking or jump starting",
"Not responsible for loss or damage to this car or its contents"

Also, they used wheel lift instead of flatbed ramp to tow an AWD which most probably resulted in the malfunction. (if this helps)

 

[mazdaDrive]

That is a standard form the towing companies will make you sign before they will release your car to you.

Yes, that is what the form was. A release form with disclaimer that they are not responsible.

 

[adjusterjack]

A waiver like that isn't likely to hold up in court since they held your car hostage to get you to sign it. Get your car fixed and sue the towing company in small claims court.

 

[zddoodah]

A waiver like that isn't likely to hold up in court since they held your car hostage to get you to sign it. Get your car fixed and sue the towing company in small claims court.

I wouldn't say it with quite that level of certainty, but I otherwise generally agree.

 

[adjusterjack]

I wouldn't say it with quite that level of certainty,

"isn't likely" leaves the possibility that it could hold up in court.

 

[bcr229]

A waiver like that isn't likely to hold up in court since they held your car hostage to get you to sign it. Get your car fixed and sue the towing company in small claims court.

It didn't hold up in court when my pickup was improperly towed from my assigned spot back when I lacked wisdom and purchased a house in an HOA townhome community (never ever again). I had to sign a similar release before I could inspect my pickup. I got my tow fee back and since my husband was VP of the HOA at the time, the towing company's contract was immediately terminated.

 

[Mass_Shyster]

A waiver like that isn't likely to hold up in court since they held your car hostage to get you to sign it. Get your car fixed and sue the towing company in small claims court.

I agree with the above, except I suggest writing a demand letter that conforms to Massachusetts General Laws, Chapter 93A - Consumer Protection statute. Look on the Attorney General's website for a sample. If they refuse to make a reasonable settlement offer, if you sue and win you're entitled to multiple damages PLUS attorney fees if the court finds the settlement offer wasn't reasonable.

You can also check masscourts.org and see who has sued that towing company. You may find a lawyer who has successfully sued and is willing to take the case on contingency.

 

[mazdaDrive]

Thank you everyone. I really appreciate the help. I have currently given the car to Mazda for inspection due to the warning signs showing up and also filed a claim with Geico. Will update the thread with proceedings.

 

[Redemptionman1]

You don't need an attorney for this unless the damages are over 5 grand or beyond your states small claims court limits. Which it probably won't be and the tow company ends up paying anyway.

Good luck with it.

 

[Mass_Shyster]

You don't need an attorney for this unless the damages are over 5 grand or beyond your states small claims court limits. Which it probably won't be and the tow company ends up paying anyway.

Good luck with it.

That's particularly bad advice considering Chapter 93A claims include fee shifting.

 

[Redemptionman1]

That's particularly bad advice considering Chapter 93A claims include fee shifting.

What does attorney general consumer protection have to do with this case?

If it was me I would get 3 repair estimates call the tow company and ask them to pay the shop you pick to fix it. If they don’t do that then file a small claim which in Massachusetts is capped at 7k. You don’t need an attorney to do this. They generally will pay you what could be a pro rata amount but they did the damage and you can prove it in court then you are good.

I have successfully done this several times but your your mileage could vary.
good luck with it