what kind of attorney do i need for an illegal tow

Full Answer

What to do if you are charged with illegal towing?

Report which provision of state statute 715.07 you believe was violated. Illegal towing is considered a criminal misdemeanor of the first degree and/or a felony of the third degree for improper towing. And if that isn’t enough, you can turn to small claims court, armed with the state statutes in-hand.

What is illegal towing and predatory tow?

Illegal Towing and Predatory Towing Practices Illegal towing and predatory towing is conducted by towing companies without the owner's consent. Predatory towers can overcharge, damage vehicles and often have monetary contracts with property owners to illegally tow vehicles from their property. FREE ILLEGAL TOWING LAWSUIT EVALUATION

How can a personal injury attorney help with tow damage issues?

An experienced personal injury attorney can help with tow damage issues, such as determining liability and under which legal theory a lawsuit should be filed. An attorney can also defend your rights, as well as represent you in court while working towards an appropriate damages award for your specific case.

Can a tow company legally tow a car without permission?

"The tow company must have written authority to tow, signs have to be posted, and the vehicle has to be parked for more than an hour before it can be towed." Unfortunately, many tow companies aren't playing by the rules and countless people have had their vehicles towed illegally.

Where are illegal towed vehicles common?

Illegally towed vehicles are becoming more and more common in and around the Tampa Bay area and throughout the state of Florida. These predators patrol private parking lots for a vehicle to tow without the presence of a property owner, refusing to unconditionally release a vehicle to the owner before it has been removed from the private property, ...

What is the law for towing vehicles in Florida?

Anyone who tows a vehicle must comply with Florida Statutes. Florida has enacted important legislation regulating the towing of vehicles from private property. In Tampa, aside from Florida Statute 715.07, towing companies must abide by the Hillsborough County Public Transportation.

Why do people use tow trucks?

They take you and your car to safety. Tow trucks are also used to clear the city streets and private parking lots of illegally parked vehicles.

Why is my car being towed?

Your vehicle may be towed if it’s blocking a driveway, entrance to a business, or if the parking of the car interferes with the normal operation of the business. If this is the case, even though you feel that your car is being towed wrongfully, don’t argue with the tow truck driver.

How long does it take to notify police of a tow truck?

Tow truck drivers are legally required to take photographic evidence of the violation and notify the police within 30 minutes of the completed tow, and the police will be able to tell you what company towed your car and where it is being stored.

What happens if you don't get your car towed?

If a vehicle is not retrieved from the towing company’s lot in a set amount of time, the towing company may charge storage fees. Even if your car was illegally towed, delaying to retrieve your vehicle is not a good idea.

Can a business owner remove a vehicle?

Providing that the proper notice is posted, a business owner may authorize the removal of a vehicle by a towing company when the vehicle “is parked in such a manner that restricts the normal operation of the business.”.

What is illegal towing?

Illegal towing and predatory towing is conducted by towing companies without the owner's consent. Predatory towers can overcharge, damage vehicles and often have monetary contracts with property owners to illegally tow vehicles from their property.

What is the lawsuit against non stop towing?

The suit alleges Non Stop towing and other firms regularly tow cars without reason and overcharge motorists in order to make larger commissions.

What are some illegal practices?

Some illegal practices include patrolling private lots and removing vehicles without the presence of a property owner, refusing to unconditionally release a vehicle to the owner before it has been removed from the private property, and unlawfully taking a vehicle within one hour of parking.

Which states require tow companies to release vehicles?

California law requires the tow company to immediately and unconditionally release a vehicle if the driver arrives prior to it being towed from the private property or in transit. Oregon. Oregon law requires that the tower release a vehicle at no charge only if the driver is present prior to the hookup being complete.

Do tow trucks take credit cards?

By law they are required to take credit cards or checks. "I am guessing that they want to conceal the illegal tow and/or income and/or they don't want you to dispute the credit card charge or stop payment on a check," says Bisnar. Bisnar knows that tow truck drivers get a bonus for towing cars.

Who can tow a vehicle in an apartment?

If a vehicle is parked in an apartment or residential complex, the property owner or person in lawful possession of the property may tow the vehicle if, in addition to the requirements above: The vehicle is parked in an unauthorized manner on the property;

Where to file an affidavit of complaint for unlawful towing?

The Affidavit of Complaint for Unlawful Towing or Immobilization must be filed in the justice court for the township where the property from which the vehicle was towed is located. (NRS 487.039 (1).)

What happens if you believe your car has been towed in Nevada?

If you believe your car has been towed or immobilized unlawfully, Nevada law contains a procedure that allows you to have your complaint regarding the tow or immobilization decided by a judge on an expedited basis. (NRS 487.039.)

How long do you have to wait to tow a vehicle?

If a vehicle is parked in a parking facility, the facility owner may tow the vehicle if the owner complies with all of the above requirements, but if the vehicle is being towed for nonpayment of a fee, the owner must wait twenty-four hours after the expiration of the time period for which the fee was paid. (NRS 487.037.)

Do you need an e-mail address to file a lawsuit in Las Vegas?

Different justice courts may have different filing requirements, so be sure to familiarize yourself with your court's procedures. The Las Vegas Justice Court, for instance, requires all documents to be filed electronically, so anyone filing in that court needs an e-mail address to set up an electronic filing account.

What Do Towing Companies Do?

Most people who own a car will have to use a towing company at some point. Towing companies do more than just provide towing services. They may:

What Gives Towing Companies the Right to Tow Your Car?

Most states authorize towing companies to tow and impound your car in certain specific instances. For example, if you are parked on private property without permission, a private property owner generally may have your car towed. That can include towing your car from:

What Claims Might You Bring Against a Towing Company?

A towing company must use reasonable care when towing and storing your car. If it fails to act as a reasonably prudent towing company in the same and similar circumstances and damages your car or your property inside it, you may be able to sue for negligence.

What Damages Could You Recover?

Depending upon the basis of your claim, you may be able to recover various types of damages, including compensatory and punitive damages.

What Should You Consider When Deciding to Sue?

There are several things you may want to think about doing prior to suing the towing company.

What happens if a towing company is bad?

Some towing companies will cause improper towing damage through bad towing practice s. In others, improper towing damage may occur while located on an impound lot. Bad towing also can take the form of illegal towing in the event a towing company violated the law in removing a vehicle. Having an attorney deal with any issues stemming from illegal or bad towing complaints is useful, as towing companies are used to legal actions against them, and oftentimes have sufficient legal resources to dedicate to claims against them.

What are the problems with towing companies?

Problems with Towing Companies. Every municipal area has specific laws that towing companies must abide by in order to legally remove a vehicle. If you have a problem with a given towing action, immediately begin documenting the event, including as much information as possible about the tow site.

Can you go pro se against a tow company?

Going pro se against towing companies is not advisable. Having attorney represent your claims, which may include illegal towing, theft, damage to your vehicle, and other financial damages from payment of fees and storage costs, is always beneficial towards garnering a favorable outcome. The courts, typically, do not look favorably upon towing companies that violate vehicles through theft or damage. Nor do the courts support illegal towing actions by companies taking advantage of drivers. Having attorney make damage claims, as well as other requests is always crucial towards closing complaints in your favor.

Is it advisable to go pro se against a towing company?

Going pro se against towing companies is not advisable. Having attorney represent your claims, which may include illegal towing, theft, damage to your vehicle, and other financial damages from payment of fees and storage costs, is always beneficial towards garnering a favorable outcome.

Can a tow company legally remove a vehicle?

Every municipal area has specific laws that towing companies must abide by in order to legally remove a vehicle. If you have a problem with a given towing action, immediately begin documenting the event, including as much information as possible about the tow site. Some towing companies actually will negotiate a towing fee through illegal methods, as well as hold cars illegally until towing fees are paid.

Can towing cause damage?

Improper Towing Damages. Some towing companies will cause improper towing damage through bad towing practices. In others, improper towing damage may occur while located on an impound lot. Bad towing also can take the form of illegal towing in the event a towing company violated the law in removing a vehicle.

Is it illegal to tow a car?

Having your car towed is inconvenient, frustrating, and often embarrassing. And when you’re pretty sure it was an illegal tow, it can be infuriating. Towing companies only make money when they tow cars. While most are honest, there are some that bend or outright break the rules in order to pad their bottom line. It’s important to know what constitutes an illegal (or “predatory”) tow and what your options are if you suspect it’s happened to you.

Do you have to take pictures of a parked car before towing?

Many municipalities also require the tow company to take pictures of the illegally parked vehicle before they tow it, and you can request copies of those pictures as well as the towing documentation (although they may charge you a fee for printing). Get Your Car Back, Then Fight.

What is a tow company?

A vehicle towing company provides vehicle transportation. If a vehicle is inoperable and needs to be moved, a tow company could be called to move the vehicle to a repair shop, or some other location. A towing company may also be called to remove a vehicle that is parked somewhere illegally, or if the driver has been arrested ...

What to do when your car is being towed?

Generally speaking, you should take the following steps: Regardless of why your vehicle is being towed, do not sign any paperwork without thorough review; Once you notice damage, obtain the papers which detail the exact state of your vehicle prior to being towed; Take photos before and after, if possible; and.

What happens if you tow a car that is stolen?

Determine whether your auto insurance will cover the damage, before attempting to pursue any action against the towing company. If your vehicle is damaged, or items inside the vehicle are stolen while inside a tow yard, the tow company may be found liable for breach of contract or negligence. As previously mentioned, the tow company is required ...

What is the theory of liability for a tow truck driver?

Liability is a type of tort, or, a violation in which one person causes damage, injury, or harm to another person.

What happens if a tow truck fails to use due care?

What this means is that if a tow company fails to use due care, and a car is damaged when towed, the tow company may be liable for injuries caused by their negligence. An example of this would be how a tow truck could be held liable for injuries it caused when it was attempting to tow a car in one lane, and the truck extended into another lane. ...

What happens if your car is damaged while being towed?

If your vehicle was damaged while being towed, or while being kept in a tow yard, you may wish to file a lawsuit against the towing company. You would likely pursue a breach of contract claim, as the company owed you a duty of care to keep your car intact while providing towing services.

What is towing yard security?

The tow yard’s security is generally considered to be the major factor in determining reasonable care standards for towing companies. This could include the use of motion detecting lights, security gates, and security personnel. If contents have been stolen from inside your vehicle, the contents stolen must have been foreseeable to ...

What would towing companies do for free?

The towing companies would, for free, erect the proper signage for the property, and would get a list of apartment tenants. The towing companies would have parking permits printed-up and would give them to the property managers, to distribute their tenants.

What time do tow trucks come by?

When the tow trucks came by at 3:00 a.m., there were always plenty of vehicles parked there that didn’t have permits, or were otherwise in violation of parking laws and rules (i.e. parking in fire lane, parked blocked traffic or parking in a handicap spot without a handicap sticker, all still prohibited by state law.)