Expert: Richard - 10/29/2009

Question
My car was towed last night in Charleston, IL using a wheel lift. It is a 2000 Trans Am. I had it parked for the night in the apartment parking lot that I was staying at.  I did not have a permit because the place was closed. I just got it back and when driving it back I heard a lot of scraping in the front driver side wheel. Upon further inspection I noticed a lot of scratches along the bottom back driver's side.  Is there anything I can do to make them fix it because the scratches and wheel scraping were not there last night. They made me sign a piece of paper stating "I have been advised that my vehicle damage if winched, towed, unloked or left on unattended premises, I recognize the difficulty involved and I agree not to hold the towing service responible for such damage should it result".  However, I accidently signed where it says "signature of tow operator" instead of agreeing to not hold them liable. Thank you in advance for any help you are able to give.

Answer
I am confused here...

You hear scraping in the area of the front left drivers wheel area, but you mention scrapes and scratches on the back left drivers side ???

Are you talking about behind the left front wheel area, or left rear wheel area.

If the vehicle was towed from a parking space that it was nosed into, then they most likely lifted the rear of the vehicle with the wheel lift and then if the ground clearance on the front was an issue then they would of used a dolly to lift the front end up to get more clearance. Also if the wheels were turned then they would need to use the dollies to keep the vehicle tracking straight.

Now as to the damages and such were not there the night before, if they are "UNDER THE CAR" how did you know they were not there before?

As to signing in the wrong part of the invoice - release papers, it really does not matter, as a lot of mistakes happen like that.

Just like no tower REALLY goes out and tows vehicles and tries to damage them. Mistakes happen and damage happens also

As to holding the tower liable for the damages, well if it can be proved that they did it, and all that in a court of law (small claims court usually) then you can attempt to collect for damages, but if they did do the damage and it can be proved, most towers will step up to the plate and take care of it.

But you would be amazed at the damage claims which are filed against tow companies by people who are towed for illegal parking. I have even heard and seen claims filed for radios which quit after being towed for illegal parking.


Hope this helps