What can I do if my car was wrongfully towed?
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What can I do if my car was wrongfully towed?
I was at fault for an auto accident. My vehicle was at an autobody shop getting repaired. The person that was repairing my vehicle went out of business. However, before he went out of business, he removed the license plates from my vehicle. When the new owner of the business saw that my vehicle had no license plates, he had it towed away from the autobody shop. The vehicle was towed 105 days ago. The towing fee was approximately $250, for which the owner has already paid, and the storage fee is $60 per day. Once again, it has been 105 days. I currently finance the vehicle that was towed.
Asked on May 29, 2015 under Business Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Since the new owner paid the towing fee, he should also be held liable for the storage fee because the storage fee resulted from his negligence in having the car towed.
If the business owner refuses to pay the storage fee, you can sue for negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable auto body shop would have exercised under the same or similar circumstances to avoid forseeable harm). Use his payment of the storage fee to establish his liability for negligence.
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