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Yes, a towing company can sue you for any of several reasons, although some reasons are more common than others. For example, a towing company can sue you if you fail to affect the payment of the stipulated fees for any towing services previously rendered.
Secondly, a towing company can sue you if you park on a private property deliberately without permission and the owner of the property reports to get the vehicle towed.
In this case, since you are the deliberate offender, the towing company reserves the right to claim for the payment of the towing services rendered. Should you fail to comply with the payment, the towing company is at liberty to sue you to get paid for the services.
Furthermore, local authorities or even the police can request a towing company to get your vehicle towed away for any traffic offense or non-registration of the vehicle.
Like in the previous case, you are liable to be charged for any towing services thereof, and should you fail to comply, the towing company is also at liberty to sue you to recoup their towing fees.
Should you fail to comply in any of these cases, you may risk getting the vehicle auctioned on the orders of a court of competent jurisdiction with the intent of using the proceeds to pay for towing services and other fines, but you will be given whatever is in excess from the sales after paying what you owe.
Although in some places, the law prohibits the towing of any vehicle unless there is a conspicuous or visible sign indicating that the premises are private and parking without permission is disallowed. All the same, there are several legal reasons why your vehicle can be towed away.
Many of these reasons are predicated upon safety, although some may be due to not having the proper documentation for the vehicles.
Common examples are parking that obstructs driveways, disabled vehicles, intoxicated driving, driving without a valid license, and so on.
Read Also: Can You Tow A Car Without MOT?
- 1 What are the possible reasons why a towing company may sue me?
- 2 How do I prevent a towing company from suing me?
- 3 Can I file a complaint against a towing company for wrongful suing?
- 4 How do you fight predatory towing?
- 5 FAQs
- 6 Conclusion – Can A Towing Company Sue Me?
What are the possible reasons why a towing company may sue me?
Usually, one thing always leads to another. For instance, you can get your vehicle towed away and eventually sued by the towing company at the request of a rental company, community council, or even the police.
Again, a rental company can request for your vehicle to be impounded and towed away if you are back on the payment of rental fees or dues.
In addition, the company can also get the vehicle towed away if you violate or contravene any of the terms agreed upon before renting the vehicle out, such as traveling beyond any distance limit as may be set by the company or severe damage to it while it is still in your custody.
Similarly, should you park illegally or fail to update or renew your papers, either the police or community council can request for your vehicle to be towed away too.
In all these cases, there may be fees or fines to pay up before the vehicle is released to you, but if you fail to pay, the towing company is at liberty to sue you for default.
How do I prevent a towing company from suing me?
There are several measures you can take to prevent a towing company from towing away your vehicle. Firstly, you should make sure that your vehicle papers are up to date and valid at all times by making solid and timely arrangements to renew them.
Secondly, always make sure that you do not park your vehicle at prohibited places or private properties that may warrant getting it towed away.
Thirdly, you can also prevent this from happening if you make the habit of parking your car in a garage or any enclosure that will make access to it difficult, if not completely impossible.
Fourthly, you can guard against that happening if you make it a habit to park the car among obstacles that will make towing practically impossible.
Finally, you also have the option of utilizing readily available security gadgets that will make towing impossible as well. Be that as it may, your best option in guarding against getting your car towed away is making sure that you do not run foul of any prevailing laws and regulations.
Can I file a complaint against a towing company for wrongful suing?
Yes, you can file a complaint against any towing company that impounds and tow your car away. However, before you can do that with any success, you must make sure that nothing is amiss with your vehicle papers, which should be presented during the filing of the complaint.
Secondly, make sure that you have not contravened any traffic or parking laws at all times with available and tenable proofs or witnesses, as the case may be, to back up any complaint you may file whenever necessary.
Similarly, you should always make sure that you are not in default of the payment of any fees or dues as may be occasioned with rented cars.
Also, make sure that any rented vehicles are properly maintained and taken care of to discourage the possibility or likelihood of getting them towed away without your consent or permission.
If you are sure that you are not complicit in any of these conditions, you are at full liberty to file a complaint against the towing company for impounding and towing away your vehicle.
Read Also: Can A Tow Truck Get A Car Out Of A Garage?
How do you fight predatory towing?
There are several very effective countermeasures you can take to fight predatory towing of your vehicle. Some of these measures include making sure that you do not disobey any local regulation or ordinance.
Therefore, it is strongly recommended that you should be very conversant with all local laws and ordinances so that you can avoid contravening them at all times. Again, if you have reason to believe that you have been served wrong or unfair charges, you should make sure that you dispute them legally.
This will turn the tides of predatory or illegal towing in your favor. Finally, if your car is suspected to come under predatory towing at any time in the future, you are strongly advised to get an attorney ready in the event it happens.
In addition, consulting an attorney at law will make you very conversant with local traffic laws and regulations, such that you may not be found guilty of disobeying them easily.
(1). Can someone tow my car without permission?
Yes, your car can be towed away by someone who may have a score to settle with you. For instance, if you are promptly paying the fees for a rented car, it is very difficult to get your car towed without permission.
In addition, always make sure that your vehicle is not parked at any place where you are not supposed to park, such as at prohibited places, driveways, and so on. Along this line, ascertain that all your vehicle papers or documents are valid and up to date.
Finally, make sure that you do not park the vehicle at any place(s) that are secluded or deserted to prevent towing it away easily. Finally, you should also ensure that you park the car in a garage or at home to guard against illegal towing of the vehicle.
(2). Can tow companies charge what they want?
Yes, a towing company can charge just about whatever they want without recourse to anything. After all, these companies are private concerns that have the right to charge whatever it is the market can bear.
This is more so because, in most places, there are no laws that will restrict them from whatever charges they want to hand out to the public for their services. Although some cities may regulate what these companies charge if they care to. Despite this possibility, most city councils hardly care to regulate towing charges.
To make it worse, you cannot negotiate these towing fees too, mainly because legal, administrative, as well as labor expenses, are factored into them, but it is guaranteed that you will hardly get overcharged for their services since there are some places where restrictions on these charges are enforced.
(3). How much can a towing company legally charge?
Although towing charges vary slightly from one place to another, still, the differences are not much. In some places, if your vehicle is towed away, you may have to pay as much as 75 dollars as hook-up fees. In other places, the maximum fees a towing company can charge for towing a passenger vehicle
may not exceed about 197 dollars with an additional 4 dollars for every mile, plus 27 dollars each day for storage.
Conclusion – Can A Towing Company Sue Me?
In any situation where you contravene prevailing laws with your vehicle, it should be expected that you risk getting it towed away. Therefore, if you wish to prevent that from happening, your best bet is to be extra careful.
Consequently, you should park your vehicle properly, always renew your registration papers and licenses as when due, and pay any agreed rental fees. In this way, you are guaranteed total freedom from getting your car impounded and towed away.
Finally, if you wish to contest anything, be sure that you are agog with incontrovertible proof or evidence to justify your case and win the argument for you.