Can I sue towing company for damage to my vehicle?

[culley96]

Hi,
My car was impounded for four days due to a traffic violation of my sister. The incident occurred on a Friday, I went with my mother on a Monday to pay the release payment and get the car. She drove the car, but never inspected the car for any damage. Once at home and several hours later, I noticed two dent marks in the hood of my vehicle. Those dents were never there before.

I went to the towing company and they basically said I was screw. That I should of notice that when I went pickup the car. That as a result I could do anything against them. That once off the lot, it was not there responsibility anymore. That I could do anything I wanted to.

I told them they never informed me to check my vehicle for damages. Furthermore, the form I signed did not have such information in it. Never did it said such policy existed.

Can I sue? More importantly, is there a law that indicates I can't sue a business after removing my vehicle from their lot? Even if, I signed no agreement or acknowledgment to such policy.

[wethrby]

even if you did sue you would have to be able to prove that the towing company was responsible

that the damage didnt happen when your sister was driving

or when your mother was returning the vehicle

or in the 'several hours' between the vehicle being returned to your premesis and your noticing the damage

[jung-hwa75]

They're right. They're is no law saying you can't and your welcome to try but you would have to have proof it happened while in the company's possession. You just don't have a strong enough case. In the future after anyone besides yourself drives your vehicle. Chack for any marks dings or dents and photograph them then file a police report before getting in it

[slaine]

Will be hard to prove the dents happened there. They will deny it happened there. If you noticed it at the lot and got a police report, their insurance would have to pay for repairs. Most of those places have posted everywhere to check your vehicles.

[talbot]

Yes, you can if you can show physical evidence that they are responsible for the damages of your vehicle.

[bergh39]

Just pay for a good lawyer and he will get you a new car out of them IMO

[cinnard]

You would have a difficult time proving that the damage didn't exist before the towing. You'd also have to prove that the damage didn't occur after you took possession of the car. You didn't register any complaint at the time you took possession, and they're not obligated to assume responsibility for your best interests. I don't know what they're claiming could legally prevent you from suing them, but it doesn't keep you from going through the process, at which point they'd have to appear in court to explain their justification. Unfortunately, I think you'd be in a very difficult position to prove the tow company was responsible for your damages. Having dealt with a tow company before, I know they're complete *******, but since you gave them legal cause to take the car, you're unfortunately at a very unfair disadvantage when it comes to your rights in getting it back.