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Can You Sue a Towing Company for Illegally Selling Your Vehicle?

By August 29, 2024No Comments

TowingIf you’ve ever had your vehicle towed, you know how stressful and inconvenient it can be. But what if your towing company goes a step further and illegally sells your vehicle? This blog post will walk you through your legal options and help you understand how to navigate this tricky situation.

What Is an Illegal Vehicle Sale?

An illegal vehicle sale occurs when a towing company sells your car without proper authorization or after the sale period has expired. This could happen if the towing company fails to follow state regulations or mismanages the vehicle’s sale process. Understanding what constitutes an illegal sale is the first step in knowing if you have a legal case.

Why Might a Towing Company Sell Your Vehicle Illegally?

Towing companies are typically allowed to sell abandoned vehicles to recoup towing and storage fees. However, they must follow specific procedures and legal requirements. These include:

  • Proper Notification: The towing company must notify you of the tow and provide a period during which you can reclaim your vehicle.
  • Sale Procedures: They must follow state laws regarding the sale of abandoned vehicles, including holding an auction or selling it through a licensed dealer.

If these procedures are not followed, the sale could be considered illegal.

Steps to Take if Your Vehicle Was Sold Illegally

If you suspect that your vehicle was sold illegally, here’s what you should do:

  1. Gather Evidence: Collect any documents related to the towing, such as receipts, notifications, or correspondence with the towing company. This will help establish your case.
  2. Contact the Towing Company: Reach out to the towing company to get an explanation. They may have records that could clarify the situation.
  3. File a Complaint: If the towing company fails to resolve the issue, file a complaint with your state’s Department of Consumer Affairs or similar regulatory body. This can initiate an investigation into the towing company’s practices.
  4. Consult a Lawyer: Contact an attorney who specializes in this area of law. Our attorneys can provide legal advice, help you understand your options, and assist in filing a lawsuit if necessary.

Legal Options for Suing a Towing Company

If you decide to pursue legal action, here are your potential options:

  • Small Claims Court: For smaller claims, you might consider filing in small claims court. This is a more informal court where you can represent yourself and seek compensation for damages.
  • Civil Lawsuit: For larger claims or more complex cases, you may need to file a civil lawsuit. An attorney can help you prepare your case, gather evidence, and represent you in court.
  • Class Action Lawsuit: If many people are affected by the same issue, a class action lawsuit may be an option. This allows a group of people to collectively sue the towing company.

Potential Damages You Could Claim

If you win your case, you might be entitled to several types of damages, including:

  • Compensatory Damages: To cover the cost of your vehicle, any related expenses, and loss of use.
  • Punitive Damages: If the towing companyโ€™s actions were particularly egregious, you might be awarded additional damages intended to punish them and deter future misconduct.

How to Prevent Illegal Towing Practices

While legal recourse is important, preventing illegal towing practices can save you time and trouble. Here are a few tips:

  • Know the Rules: Familiarize yourself with local towing laws and regulations to ensure towing companies are following them.
  • Regular Maintenance: Keep your vehicle in good condition to avoid accidental tows due to non-compliance or other issues.
  • Stay Informed: Keep your contact information up-to-date with your vehicle registration to ensure you receive any necessary notifications.

Conclusion

Navigating the legal complexities of towing company disputes can be challenging, but understanding your rights and options is crucial.ย 

If you find yourself in a situation where your vehicle has been towed and sold illegally, contact one of our experienced attorneys at 305-570-2208. You can also email our lead attorney Eduardo directly at eduardo@ayalalawpa.com. ย 

We at Ayala Law PA are passionate about helping those in legal need, so please donโ€™t hesitate to schedule a case evaluation with us online here.ย 

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