Car illegally towed and damaged

[ammo1113]

@ukcrusader40 I had gotten some extra money on my totaled car in 2020 because I'd recently gotten new tires. It had to have an invoice or receipt with a dollar value, though. They wouldn't give me anything extra on a warranty re-do of a brake job because there was no bill for that, and the original paid brake work was too long ago. I think they were looking at work done in the previous year or a little less.

 

[iraregem87]

@ukcrusader40 Yeah I dont know why people don't get this.

I've had 1 car totaled on me and my parents had it happen as well. I got a massive credit for nearly brand new tires. My parents also got credit for something, but I don't remember what it was.

I think a lot of people are geting confused that repairs don't often get credited unless those repairs also fall under life extending maintenance

 

[sourapplecider]

@raphacam Makes sense. I'll check the legal advice subreddit to see if I can get anything extra from the tow company. By law they're responsible for any damage that occurs, and also they towed it illegally. With the older accords, owners typically don't get rid of them at ~130k miles unless there's some major problem (mine needed ~5k of work) so most of the ones (similar year/make/model) are gonna have some major defect.

Thanks for the response!

 

[resjudicata]

@sourapplecider Time to sue the fuck out of the tow company.

 

[dimitryet]

@sourapplecider That much damage might total a newer Accord, but it for sure will total an 18 year old one. Ignoring the rear damage if it was strapped down properly the suspension/frame will be tweaked. Gather your receipts to submit to try and recoup the cost and start looking for a replacement car.

 

[thewordgirl]

@sourapplecider The tow company should have insurance for this. And the municipality ordering the job should have E&O coverage.

 

[thewordgirl]

Probably simpler to let Snake Farm handle it. They’ll take care of you quicker. That will tie up a deductible but if someone else is truly at fault then SF could/should subrogate and then you end up getting that deductible back if all goes in your favor. It’ll take a while though.

 

[sourapplecider]

@thewordgirl Should I call that insurace even if state farm is handling a claim?

 

[bukiemm]

@sourapplecider Towing co. did more than tow your vehicle, they stole it. I would use this info when dealing with the tow co. on a settlement. Make this worth your while.

 

[davelew86]

@bukiemm That would be terrible for the OP. It would invalidate the tow truck’s liability coverage.

Good thing it isn’t true. We know that because the tow company was bringing it back.

 

[bukiemm]

@davelew86 When something is stolen from you It will be stolen until returned. No matter if they are leaving with it or on the way to return it.

You don't have to rely on insurance to pay off on a theft. The perpetrator will be responsible for restitution in a theft case. Meaning they will be responsible for equal replacement no matter what insurance says.

The towing company stole your vehicle and damaged it while in their care, so they are responsible for equal replacement to make you whole.

 

[davelew86]

@bukiemm That’s not the way property damage claims are handled civilly. And the OP’s narrative makes it pretty clear that no crime occurred, at least from the tow truck’s standpoint.

 

[primordiarch]

@sourapplecider The tow company didn't "steal" your car. For a tow company to grab your car it has to be signed off by a security agency, manager, or a property owner. They may have grabbed the wrong car accidently, but your making a mountain out of a molehill. Once they grab the car it is in their custody and their insurance will pay, accidents happen.

 

[cloud7eagle]

@sourapplecider Yep, base on year and damage, your car will be totaled. So in this case, i will report to my insurance and see if they help dealing with other insurance. Drive B insurance will try to low ball your car and you have to find evidend/ad showing how much your car worth. Its a battle, get ready.

 

[truthseeker62]

@sourapplecider Call a lawyer. You have a nice bag coming your way.

 

[fredis]

@sourapplecider You probably need legal assistance. The at-fault driver's insurance will only provide actual cash value which will almost certainly be less than your otherwise-solid car was worth to you. However, the illegal tow may add another level of liability which could make you whole; this is lawyer-level stuff.

 

[biblesniffer]

@fredis I was about to say the same thing. I dont know why people are downvoting this. Op def needs to sue

 

[davelew86]

@biblesniffer The OP is only owed actual cash value. The illegal tow doesn’t change that. It’s the way all third party property damage claims work, whether it’s a car or a TV or a piece of industrial machinery. There’s nothing here that seems to lend itself to the OP being due anything beyond ACV.

 

[nadanothing]

@sourapplecider The insurance company will determine if it is totalled. Also if they do total it your pay out will be book value of the car.

 

[heartsrose74]

@sourapplecider The tow company is liable to you, and the uninsured driver is liable to the tow company