Have your vehicle ever been towed without your permission or without giving you any warning? No doubt, this situation causes much confusion and frustration.
But don’t worry. However, illegal towing is a complex problem. But the good news is you have the right to get back your vehicle.
This article will help you to deal with the situation when your car has been towed unlawfully. You will also learn what to do if the towing company demands extra charges. So, let’s start it.
What is Illegal Towing?
Towing the vehicle without the permission of the car owner or when towing is done in violation of legal laws is termed illegal towing. It is also known as predatory towing or unlawful towing. Illegal towing can open the door to many problems, including heavy fines, towing charges, and waste of time.
Illegal towing has predominantly become common across many states. For example, in Colorado, about 5000 drivers were affected by illegal towing between 2020 and 2023.
Common Illegal Towing Practices:
Understanding these practices of illegal towing is essential in order to protect yourself from this problematic scenario.
Towing a Car without the Owner’s Consent
It means towing the car without the permission of the car owner. It is important to respect someone’s property and his personal laws. In this case, the owner can report the case to the police. If any damage also occurs during towing, he can also demand it.
Towing a car Without Proper Protocol
If the tow truck driver does not follow proper protocols, legal action against him will also result. For example, if the tow capacity of a truck does not match the vehicle being towed, it will be considered towing without proper protocol.
Towing a car that is not Legally Placed under Tow
It involves towing vehicles that have no legal rights to remove. For example, if he towed the car from a parking area where there was no sign of a parking area, on investigation, it came to know that the tow truck driver had not noticed the local authority laws.
Local Towing Laws:
If you did not violate any parking law and the towing company has towed your vehicle without your permission, you should know the municipality’s towing regulations to argue your case. Many countries have implemented the law that the car owner should be the eyewitness when the car is towed from private property.
Similarly, if the car has been towed from the area with signs of restricted parking, then instead of the car owner, the property owner has to pay the bills for towing the car.
What to do if you are a Victim of illegal Towing?
If you have become a victim of illegal towing, you should stay calm. Handle the situation by using the following guidelines.
Check the parking restriction: The first step you should take is to verify that there is any sign that restricts parking in the area in which you have parked the car. This will help you to identify whether towing is legal or unlawful.
Contact local authority: Next, make a call to the local law enforcement authority. They generally know about recently towed cars.
Collect evidence: Take a picture of the area from where your vehicle has been towed. This will prove that there is no restriction mentioned on parking cars in this area.
Interact with the towing company: Ask the company for paperwork. It includes all the reasons for which they have towed your vehicle.
Talk to witness: Seek the help of the witness who has seen your car while towing. He can provide you with most of the necessary information about what actually happened.
Confirm the Legality of Charges: Before paying, check the fee structure carefully. Confirm that it aligns with local regulation. You should know that towing companies can also demand for storage fees to safely keep your car. But in many states, the maximum amount is fixed by jurisdictions.
Seeking Compensation for illegal Towing
Illegal towing can cause an increase in financial burden and stress. But do you know that if the towing company demands extra charges or they have damaged your car, you can seek compensation?
You have to collect evidence such as images, paperwork, etc., and claim a file from the local count. If your claim against the towing company is correct, you can be compensated for your overpaid fees or car repairs.
How to Seek Legal Help?
If you notice that the case involves complex legal issues or the tow company is resisting to give you the car back, it is preferable to involve a lawyer.
Victims have often successfully received additional charges, repair and towing costs from the towing company. Sometimes, you do not have to pay a lawyer if you are a victim of illegal towing.
How to Prevent Yourself from Illegal Towing?
The right knowledge can act as a safe zone for you against illegal towing. This guide will help you figure out how not to be a victim of illegal towing.
Know the local towing laws: Different states implement different laws for towing vehicles. For example: many states have fixed the maximum storage fees. So, understanding the local towing regulation is necessary.
Check the parking signs: before parking a car in any area, check if there is any sign that restricts parking. In some areas, it is also mentioned that they will tow away your car if you parked it here. So , be careful and always try to park in legal places.
Collect evidence about your parking spot: Make sure to take a picture of your parked car, especially if you parked it in a new place. Also, note the location and time of parking. It will help if your car has been towed illegally.
Understand your rights: It is essential to know your rights to make a claim against the towing company. In many states, you have the right to get your personal things from the towed vehicle. If you are sure the towing company has added more charges extensively, you can fight legally.
You can check general information regarding illegal towing through the Civil Law Self-Help centre website.
Take immediate action if your vehicle towed illegally: Quickly contact the local law authority if you believe your vehicle has been towed. Local police always know about the car which has been towed.
Conclusion:
If you know your rights, you can easily fight against illegal towing. You can also take legal action against the company if they have damaged your car during towing and add excessive fees.
The most important thing is to stay calm and polite throughout the process. Remember that you are a victim, so the law favours you.
FAQs:
What Constitutes Illegal Towing?
Towing a vehicle without the permission of the owner results in illegal towing.
What Should I Do If My Car is Illegally Towed?
You should contact local law enforcement to check the parking violation policy. Collect evidence, and if the company is not cooperating, take legal action.
How can I gather evidence against illegal towing?
Capture a photo of the parking area showing that there is no sign restricting parking in this area. Also, collect all paperwork from the towing company.
What are my laws regarding storage fees?
You have to pay storage fees in case of illegal towing. But many states have fixed this amount.
Can I seek compensation for illegal towing?
Yes, you can seek compensation for illegal towing. File a claim in a small claim count. If your claims are proven correct, the company will compensate you for illegal towing.
Is predatory towing illegal?
Yes, predatory towing is illegal. It involves unauthorized towing, excessive fees and unclear parking signs.
Illegal Towing: Know Your Rights & Prevent Predatory Towing