Can I Sue a Towing Company: When a Car is Sold Without Permission

Have you ever found yourself in a situation where a towing company, after impounding your vehicle, not only sold it but now is asking for a fee of $6,888? This frustrating scenario can lead to many questions and uncertainties, especially regarding what legal actions can be taken. In this article, we will explore whether you can sue a towing company under such circumstances and what steps can be taken to protect your rights.

The Impoundment Process and Your Rights

First, it's important to understand the process of vehicle impoundment. If a vehicle is impounded due to a violation, there is usually a specific timeframe within which the owner is expected to retrieve the vehicle. In many cases, you have 30 days to get your car out of impound. Beyond this period, the tow company is legally allowed to either return it, get the required fee from the owner, or sell the vehicle.

Contractual Obligations and Financial Considerations

The tow company has a contract with the local authority and operates within a strict set of guidelines. These guidelines include how long the vehicle must be held before it can be disposed of or sold. In some rural areas, this period can extend up to 90 days, whereas in urban areas where vehicles are towed more frequently, the period may be as short as three days.

It is crucial to recognize that, in most cases, the tow company has no financial incentive to return the vehicle unpaid. They are entitled to dispose of the vehicle after a certain period if not reclaimed by the owner. Therefore, it is important to take proactive steps to avoid leaving your vehicle unclaimed for long periods, as this can result in its sale or other forms of disposal.

Legal Actions and Moral Obligations

Given that the tow company has sold your car without returning it to you, it is both legally and morally justified to seek recourse through the legal system. Here are some steps to consider:

Understanding Your Obligations to the Judge

When you appear before a judge, you should clearly explain the situation, emphasizing that the tow company sold the car instead of returning it to you. Present evidence such as receipts, photos, or any documentation that supports your claim.

It is also a good idea to get an estimate of your vehicle's value using resources like Blue Book or KBB. This information will be crucial when you request compensation for the sale, as well as for any wasted time due to the delay in receiving your vehicle.

Filing a Lawsuit

Given the predatory nature of towing practices, it is completely within your rights to sue the towing company. Not only can you seek compensation for the sale of your vehicle but also for any additional expenses or financial losses resulting from the delay in having your vehicle returned.

The towing company has a moral obligation to act ethically and according to the law. In the case of a predatory towing company, their actions go beyond mere financial gain and can be considered a form of theft. They have exploited a situation where someone might be in desperate need of their car, potentially jeopardizing their livelihood, and have profited from it unjustly.

Building a Case

To successfully sue a towing company, gather all relevant documentation, including proof of ownership, impoundment fees, and any communications with the towing company. You should also seek legal advice to understand the specific laws in your jurisdiction and to help you build a strong case.

Conclusion

When a towing company fails to return your impounded car and instead sells it, you do have the legal right to sue them. Whether you are motivated by the financial loss or the desire to hold them accountable for their unethical practices, there is a path to seek justice. By understanding the laws surrounding vehicle impoundment and towing, and by gathering the necessary evidence, you can take your case to court and demand the compensation you deserve.

Additional Resources

How to Avoid Predatory Towing Automobile Laws and Impoundment Impoundment and Litigation

In seeking legal recourse, it's important to stay informed and take action promptly. The towing industry can be complex and fraught with unethical practices, so arming yourself with knowledge and legal support is essential.