Yes, you can often sue a towing company for damaging your car, and you may also have a claim if your vehicle was towed illegally. When a tow truck operator scratches, dents, or mechanically harms your vehicle, or hauls it away without the legal right to do so, you may be able to recover the cost of repairs and related losses. The Chicago, Illinois attorneys at 844-SEE-MIKE handle property damage and insurance disputes arising out of vehicle incidents. If you’re seeking damages against one of the local tow companies, keep reading to learn about your legal options and how a car accident lawyer can help.
Understanding Your Legal Rights
If your car is damaged by a tow truck company, it’s natural to be frustrated and concerned about your legal options. Vehicle owners may have the right to pursue legal action against a towing company or their insurance company if their vehicle is damaged due to the towing company’s negligence or misconduct. This includes situations where the tow truck driver conducted the action improperly, leading to scratches, dents, or other forms of damage to the vehicle. The key element in such cases is establishing that the towing company failed to exercise the proper standard of care expected in the industry.
Many towing companies have policies and insurance in place to cover damages occurring during towing operations to prevent such occurrences. However, when a dispute arises between a vehicle owner and a tow truck operator, and a resolution cannot be amicably reached, the vehicle owner may consider filing a lawsuit. This legal process can address grievances such as illegal towing, damage done to the vehicle or its contents, or loss of property. It is important for car owners to understand their rights and the responsibilities towing companies have to maintain the safety and integrity of the vehicles their tow truck drivers are towing. You may have a case, and may be able to seek compensation for the damages caused to your car after it was towed away.
How Illinois Regulates Tow Companies
Towing without the vehicle owner’s consent is regulated in Illinois, not left entirely to the towing company. Under the Illinois Commercial Relocation of Trespassing Vehicles Law, a commercial relocator may not remove a vehicle from private property without the written authorization of the property owner or the person in lawful possession, must charge only the rates set by the Illinois Commerce Commission and refund any overcharge, must post its rates, and must give the vehicle owner written material explaining the rules that govern the tow (625 ILCS 5/18a-300).
One provision is worth knowing before your car leaves the lot: if you arrive while your vehicle is being hooked up and you are able to drive it away immediately, the relocator generally has to stop the removal. The relocator also has to keep a telephone number available to the police department and staff its facility so vehicles can be released, with fee waivers if it cannot be reached for an hour.
These rules do not apply everywhere in the state. The chapter covers relocators operating in counties of 1,000,000 or more, which means Cook County, and in smaller counties that vote to adopt it, and individual municipalities within a covered county can opt out (625 ILCS 5/18a-700). Whether the law reaches your tow depends on where the tow happened.
Understanding Tow Company Liability
When pursuing a case against a towing company for damages to a vehicle, the question is usually who was at fault and what kind of loss resulted.
Determining Fault in Towing Company Damages
Determining who is at fault in a towing incident typically revolves around the concept of negligence. A towing company may be liable if it can be shown that they failed to exercise reasonable care and this failure led to the vehicle’s damage. For instance, if a towing company does not secure a car properly to the tow truck, resulting in the car falling off and getting damaged, the company could be considered at fault.
Common Types of Damages
Damages can manifest in various forms when a vehicle is not handled correctly by a towing company. Some frequently reported damages include:
Physical Damage to the Vehicle: This encompasses scratches, dents, or more significant harm to the vehicle’s body.
Mechanical Damage: Issues such as alignment or transmission problems that arise post-towing.
Personal Property Loss: Items inside the vehicle that may be lost or damaged.
Documenting these damages thoroughly is essential in building a case for compensation.
Legal Basis for Suing a Towing Company
When a towing company causes damage to your vehicle, there are specific legal grounds to initiate a lawsuit. The two primary bases involve claims of negligence and breach of contract, and a deceptive-practices claim may also be available where the charges themselves were the problem.
Negligence and Carelessness
Negligence occurs when a towing company fails to exercise the level of care that a reasonably prudent company would in similar circumstances. This can include scenarios such as:
- Improperly attaching the vehicle to the tow truck
- Damaging the car during the towing process due to careless handling
- Losing items from the vehicle if it wasn’t secured properly
Breach of Contract
A breach of contract may occur when the towing company fails to fulfill the terms set forth in their service agreement with the owner of the car. This could manifest as either not delivering the vehicle to the agreed-upon location or causing damage despite assurances of a safe towing process documented in a service contract.
The vehicle owner must be able to prove that the towing company’s failure to adhere to the agreement resulted in damages. Understanding the specifics of the contract is crucial to determine the suitability and strength of the breach of contract claim. The deadline differs depending on the paperwork: a written contract carries a ten-year limitations period in Illinois (735 ILCS 5/13-206), while an unwritten or oral agreement carries five years (735 ILCS 5/13-205).
Deceptive Charges and Illegal Tows
Where the complaint is about the tow itself rather than a scratch, such as a tow that was never authorized, charges above the posted or Commission-set rates, or a refusal to release the vehicle, the Illinois Consumer Fraud and Deceptive Business Practices Act may apply. It allows a person who suffers actual damage to sue, and the court may award reasonable attorney’s fees and costs to the prevailing party (815 ILCS 505/10a). Watch the clock on this one, because it is shorter than the property damage deadline. See the deadlines below.
Gathering Evidence and Documentation After a Tow Company Damaged Your Vehicle
When pursuing a legal case against a towing company for damages to a car, the collection of comprehensive evidence is crucial. Detailed documentation can substantiate the claim and show the extent of the damage that occurred during the towing process.
Photographic Evidence
It is imperative for individuals to take detailed photographs of their car both before and after the towing incident. These images serve as a visual record, highlighting the condition of the vehicle at each stage. Photos should include close-ups of the damage that capture different angles of any dents, scratches, or other damage. Also include overall shots of the vehicle to show the car’s position relative to the tow setup or impound area.
Witness Statements
If individuals witnessed the incident or are familiar with the vehicle’s condition prior to towing, their accounts might be pivotal. They should describe the occurrence and provide details on the towing process observed. Be sure they note the vehicle’s pre-tow condition and compare it to post-tow status. Witnesses can also include expert testimony from mechanics who can profess to the cause of damage based on their professional assessment.
Deadlines for Suing a Towing Company in Illinois
More than one clock can run on the same tow, and they do not run for the same length of time. Missing the shortest one that applies to your claim can end that claim by itself.
Damage to the vehicle: five years from the date the damage occurred (735 ILCS 5/13-205)
Deceptive charges or an illegal tow under the Consumer Fraud Act: three years from when the cause of action arose (815 ILCS 505/10a(e))
Breach of a written contract: ten years (735 ILCS 5/13-206), or five years if the agreement was unwritten (735 ILCS 5/13-205)
Because the consumer-fraud window is the shortest of these, a reader who assumes the five-year property damage deadline covers everything can lose the deceptive-billing side of the case while the repair claim is still alive. If any part of your dispute is about what you were charged or whether the tow was authorized at all, treat three years as your deadline and act well before it.
Filing a Claim and the Litigation Process
When pursuing a lawsuit against a towing company for damages to your vehicle, understanding the distinctions between small claims court and civil court procedures is crucial. These venues differ significantly in the complexity, potential damages that can be awarded, and the level of representation required.
Going to Small Claims Court After a Towing Company Damaged Your Vehicle
In Illinois, small claims court offers an expedited process for individuals seeking to recover damages of $10,000 or less. This is a cost-effective option for relatively minor disputes, and plaintiffs often represent themselves without an attorney. The steps for filing in small claims in Illinois involve:
Filing a Complaint: The plaintiff must file a formal complaint with the court clerk in the county where the towing company is located or where the incident occurred.
Serving the Defendant: Legal notice must be given to the towing company, informing them of the lawsuit.
Hearing: Both parties present their case before a judge, and no jury is involved. Plaintiffs should bring all pertinent evidence, which could include photos of the damage, repair bills, and witness statements.
Civil Court Lawsuits
For claims exceeding the small claims threshold or involving more complex legal issues, a civil lawsuit in a state court may be appropriate. These cases can address a wider range of damages, including extensive property damage and potentially punitive damages. The litigation process in Illinois typically involves:
Filing a Complaint: A more detailed complaint is filed with the appropriate court, which might require legal expertise to draft.
Discovery: Both parties exchange evidence, conduct depositions, and investigate the facts of the case.
Motions: Preliminary rulings may be sought from the court to resolve or narrow down the legal issues.
Trial: A full trial takes place, with the option of having a jury decide the outcome.
Plaintiffs considering either venue should collect as much evidence as possible to support their case, including documentation of communications with the towing company and a detailed record of the damages claimed.
When Is a Tow Truck Company Allowed to Tow Your Vehicle?
After a car accident, you may need your vehicle immediately towed away if it has been rendered undriveable. However, if you discover your car has been towed, you should determine if the towing company wrongfully towed it away.
In most cases, illegally parking on private property can result in this action. You may also find your car has been towed when you park in reserved spots in front of businesses or fail to abide by posted street parking signs. Being double-parked, blocking roads or entry and exit areas, and parking on the wrong side of the road are other actions that can cost you. While parking illegally will usually result in towing, even legal parking spots can have this consequence, such as overstaying at metered parking.
Still, whether you were parked legally or not, towing companies must uphold their duty of care once they have towed your car. When they do not follow proper procedures and cause damage, a driver can file a claim or even sue the company that towed their car to recover compensation for the needed repairs.
Consult a Lawyer After Damages From Having Your Car Towed
When your vehicle has been damaged by a towing company, seeking the counsel of an attorney can offer significant advantages. An attorney from 844-SEE-MIKE can guide you through the legal process and work to protect your rights.
Choosing the Right Attorney
Selecting an attorney requires careful consideration of their background in this kind of dispute. A lawyer handling a towing case typically offers:
Experience: They should have substantial experience handling cases involving towing company disputes.
Client Reviews: Recent client feedback can tell you how a firm communicates and how it treats people.
Relevant Focus: Look for a lawyer who focuses on property damage and insurance disputes rather than an unrelated area.
Types of Lawyers You Need
If a towing company wrongfully towed your vehicle or damaged it, you should speak with an attorney. However, in addition to their experience, it helps to consider their background in certain areas of the law. An attorney for motorcycle crashes or one focused on Illinois motorized bicycle laws may not be the best fit in this type of scenario.
Instead, you’ll want an attorney who understands these types of insurance claims. If you intend to file a claim, it is ideal to have legal counsel to help protect your rights.
Get Legal Advice From 844-SEE-MIKE
Consulting with a lawyer from 844-SEE-MIKE provides tangible benefits:
Clarity in Your Rights: A lawyer from our firm can clarify what rights you have regarding the compensation for damage to your car.
Strategic Approach: We can devise a strategy for dealing with the towing company, navigating negotiations, or litigation if necessary.
Stress Reduction: Having professional support eases the burden of facing legal procedures on your own, allowing you to focus on other important aspects of your life.
If you have recently had your car towed after an accident, it may be hard to prove the damage was caused by the towing agent. However, if you weren’t in an accident and your car was in good condition until you paid the storage charges and got your keys back, it is essential to get legal assistance.
Frequently Asked Questions
Can I sue a towing company for damaging my car?
Yes. If a towing company damages your vehicle through careless handling, such as an improper hookup, scratches, dents, or transmission problems, you can file a claim or a lawsuit to recover repair costs. The key is showing the company failed to use reasonable care and that this failure caused the damage.
Is it worth suing a towing company?
It often is when the repair costs, lost property, or illegal towing fees are significant. Many disputes resolve through an insurance claim or in small claims court, which in Illinois handles cases up to $10,000. A free consultation can help you weigh the likely recovery against the time and effort involved.
What can I do if my car was towed or impounded illegally?
Document everything, request the reason and authorization for the tow in writing, and keep all receipts and photos. In Cook County and other counties covered by the Illinois Commercial Relocation of Trespassing Vehicles Law, a relocator needs written authorization from the property owner and can only charge Commission-set rates (625 ILCS 5/18a-300), so a tow that ignored those rules may be challengeable.
How long do I have to sue a towing company in Illinois?
It depends on the claim. Damage to the vehicle generally carries five years from the date of the damage (735 ILCS 5/13-205), but a claim about deceptive charges or an unauthorized tow under the Consumer Fraud Act must be brought within three years (815 ILCS 505/10a(e)). Because the three-year window is shorter, do not assume the five-year deadline covers your whole dispute.
What kind of lawyer do I need to sue a towing company?
An attorney who handles property-damage and insurance disputes is the right fit. An attorney who focuses only on an unrelated area may not be ideal for a towing dispute.
Our attorneys can help you document visible damage, file a claim with the insurance company, and pursue the compensation available to you. You pay nothing unless we recover money for you. Contact 844-SEE-MIKE anytime for a free, no-pressure consultation.
