Though there are a lot of tows that are arguably illegal, not all illegal tows make for a good case. Here are important factors that make a viable, winnable unlawful towing lawsuit.
First, you want the tow to be unlawful to begin with, not debatable. For example, if the potential plaintiff was actually improperly parked at a visitor’s spot rather than a resident’s space, even if the tow company made a few scratches to the car in the process of towing, it will be a harder case to win. The fact that you were improperly parked will weigh negatively in the minds of the humans deciding your case; whether a judge or a jury.
Two. You want to have damages—in addition to the towing fees you had to pay to retrieve your vehicle. Towing cases generally go to small claims court. Busy judges in small claims courts around the state, even in plainly illegal tows, are extremely hesitant to find liability over a $200 tow bill knowing the defendant’s exposure to thousands of dollars in legal fees. Though not ideal for you, the fact that the towing company defendant messed up your car, is a good thing for your case.
Three. A good, committed Plaintiff. You want to be committed to your case. You want to be a partner to your lawyer. Your lawyer will need you as a partner for a while. If you are not willing to sit for an all day deposition, or to take the time off to be present at a two-day trial, then you should wait, cool down, and think it through twice before you decide to file a lawsuit. A lawsuit more often than not—even in cases that settle—can be a lengthy, confrontational, and nasty process. Be sure you are willing to endure all that in order to achieve justice.
Four. A good lawyer. Hire a firm that really knows what they are doing. At Ayala, we take pride in being the leaders in the field. We’ve been involved in virtually all appellate decisions dealing with the towing statute. We have taken tow cases all the way to jury trials and succeeded.
For more information about illegal towing, contact an experienced illegal towing litigation attorney at Ayala at 305-570-2208.
You can also email directly to trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.
You can also schedule a case evaluation online at https://www.lawayala.com/
