US Legal Forms
Legal Resources
Questions & Answers
Civil Actions
Who is responsible for damages to a vehicle that was towed at the business' request?

Who is responsible for damages to a vehicle that was towed at the business' request?

Full question:

WE IMPOUNDED A VEHICLE FROM A BAR A FEW MONTHS AGO. THE CUSTOMER CAME TO PICK IT UP THE NEXT DAY, CLAIMED THERE WERE SCRATCHES ALL THROUGHOUT THE VEHICLE. WE EXPLAINED TO HIM IT WAS TOWED ON A SELF LOADER THAT DOESNT TOUCH THE EXTERIOR OF THE VEHICLE AT ANY TIME DURING LOADING OR UNLOADING. HE PAID THE FEES, TOOK THE KEYS DROVE AWAY WITH OUT GIVING US THE CHANCE TO INSPECT THE VEHICLE OR TAKE PHOTOS. NOW 2 MONTHS LATER HE WANTS US TO PAY FOR REPAIRS IN SMALL CLAIMS COURT. NOT SURE WHAT HIS CASE IS SINCE HE LEFT AND ACCEPTED THE VEHICLE. HOW CAN THE COURTS BE SURE THE DAMAGES WERENT PRE EXISITING?

Category: Civil Actions
Date: 04/07/2025
State: Arizona

Answer:

It will be an evidentiary matter involving business records, photographs, and the credibility of oral testimony. Sometimes an expert opinion is offered as to the cause or timing of something, using forensic evidence. Please see the information at the following links:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=wa&vol=2004_app/216730maj&invol=3

http://definitions.uslegal.com/d/demonstrative-evidence/

http://definitions.uslegal.com/c/circumstantial-evidence/

http://definitions.uslegal.com/f/forensic-science/

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Is a tow truck company responsible for damage?

A tow truck company may be held responsible for damages if it can be proven that the damage occurred during the towing process due to negligence or improper handling. However, if the vehicle was inspected prior to towing and no damage was noted, the company might not be liable. Evidence such as photographs, witness statements, and records of the towing process can be crucial in determining liability.

What happens to cars that are impounded?

When cars are impounded, they are typically stored at a designated lot until the owner pays the necessary fees and retrieves the vehicle. The impound process may occur due to various reasons, such as illegal parking, accidents, or legal issues. Once the fees are paid, the owner can reclaim their vehicle, but they should inspect it for any damages before accepting it.

What if my car gets damaged while towing?

If your car is damaged during towing, you may have grounds to file a claim against the towing company. To support your case, gather evidence such as photographs of the damage, witness statements, and any documentation from the towing process. The key is to demonstrate that the damage occurred due to the towing company's negligence.

What is an impounded case?

An impounded case refers to a situation where a vehicle is taken and held by authorities, often due to violations such as illegal parking, driving without a license, or involvement in a crime. The owner must usually pay fines and fees to retrieve the vehicle. Legal proceedings may arise if there are disputes regarding the impoundment or any damages claimed.

What does it mean if your car gets tagged?

If your car gets tagged, it means that a notice has been placed on it, usually by law enforcement or a parking authority, indicating that the vehicle is in violation of parking regulations or other laws. This can lead to impoundment if the issue is not resolved promptly. It’s important to address the tagging to avoid further penalties.

What happens if a tow truck scratches your car?

If a tow truck scratches your car, you may be able to hold the towing company responsible for the damages. Document the scratches with photos and gather any evidence that shows the condition of the vehicle before towing. You can file a claim with the towing company or pursue legal action if necessary, depending on the extent of the damages and the company's policies.