WTF! Towing guy tried to sell my car.

[Yax]

Story:
Sunday 9/14, I got into a car accident. The car was towed off. Next day, I went to get the car, he said it wasn't drivable and that if I had insurance to let them come tow it to a body shop. Towing fee was $100, storage fee was $22/day. (Tuesday) I called insurance, filed a claim, they said I had to call the towing guy and authorize him to let them take the car to a body shop. I called the towing guy a couple of hours later and he said they already went over and took the car. I asked him who towed my car and where to, he said he wasn't at the office so he didn't have the paperwork in front of him. I said fine I'll find out from the insurance company. Couldn't call the adjuster, left voicemail but not returned.

On thursday, the insurance adjuster called me over to the autobody shop to look at the car and discuss the damage. I went and saw the car. They took the car to the bodyshop on Thursday, not Tuesday like the guy had claimed.

Twist:
Today, I received a notice dated Thursday (9/18) from the towing guy saying he was going to sell my car (on Sat 9/20) to pay for the towing and storage fees if it wasn't picked up. Fees were a little over $200.

The letter stated that my car was worth about $4,000. But, bluebook is around $6,000.

Looks like he lied to me when I called him on tuesday, since he charged me for 5 days of storage and he probably hoped they wouldn't come tow the car so he could sell it on Saturday and make money off it.

WTF! Is that legal? I mean, tow the car, store it for 5 days then sell it off for profit if the person doesn't claim it within that time.

Man I'm pissed. Since I received the letter today, it means that if the insurance company didn't pick it up by Saturday, he would have sold it and I would've received the letter on Monday and be shocked that my car was sold.

 

[Tetsuo]

Shoot him

 

[Maleficus]

Originally posted by: Tetsuo
Shoot him

 

[DaveSimmons]

Write up details and gather paperwork, then contact your state's Attroney General's office (should be in the gov pages of phone book).

Sounds like a scam, but the AG needs complaints from people like you before they can do anything.

 

[Nocturnal]

Tow truck drivers/companies are shady like that.

 

[Pastore]

It might be legal, you'd have to find out your local laws/their policy. I mean you can't expect them to store your car and bite the fees forever. Not saying I don't think it was premature, but probably not without reason.

 

[PoPPeR]

maybe there's a fine print somewhere. Even so i dunno if that would be legal, i'm not an attorney. Best of luck tho

 

[Yax]

Originally posted by: Beast1284
It might be legal, you'd have to find out your local laws/their policy. I mean you can't expect them to store your car and bite the fees forever. Not saying I don't think it was premature, but probably not without reason.

He knew my car would bring in a minimum of 4K so he could've stored it a little longer right? What pissed me off the most was that when I called him on Tuesday, he claimed it was towed away to a bodyshop already. All verbal so he could deny ever saying it.

 

[Yax]

Originally posted by: PoPPeR
maybe there's a fine print somewhere. Even so i dunno if that would be legal, i'm not an attorney. Best of luck tho

Fine print or not, I didn't even ask that the car be towed by his company. The CHP did that since I was rushed to ER.

 

[Iron Woode]

Originally posted by: cheapbidder01
Story:
Sunday 9/14, I got into a car accident. The car was towed off. Next day, I went to get the car, he said it wasn't drivable and that if I had insurance to let them come tow it to a body shop. Towing fee was $100, storage fee was $22/day. (Tuesday) I called insurance, filed a claim, they said I had to call the towing guy and authorize him to let them take the car to a body shop. I called the towing guy a couple of hours later and he said they already went over and took the car. I asked him who towed my car and where to, he said he wasn't at the office so he didn't have the paperwork in front of him. I said fine I'll find out from the insurance company. Couldn't call the adjuster, left voicemail but not returned.

On thursday, the insurance adjuster called me over to the autobody shop to look at the car and discuss the damage. I went and saw the car. They took the car to the bodyshop on Thursday, not Tuesday like the guy had claimed.

Twist:
Today, I received a notice dated Thursday (9/18) from the towing guy saying he was going to sell my car (on Sat 9/20) to pay for the towing and storage fees if it wasn't picked up. Fees were a little over $200.

The letter stated that my car was worth about $4,000. But, bluebook is around $6,000.

Looks like he lied to me when I called him on tuesday, since he charged me for 5 days of storage and he probably hoped they wouldn't come tow the car so he could sell it on Saturday and make money off it.

WTF! Is that legal? I mean, tow the car, store it for 5 days then sell it off for profit if the person doesn't claim it within that time.

Man I'm pissed. Since I received the letter today, it means that if the insurance company didn't pick it up by Saturday, he would have sold it and I would've received the letter on Monday and be shocked that my car was sold.

Not here it isn't.

Storage and Leans Act allows a garage to hold a vehicle for payment, but they don't actually own the vehicle unless it is abandoned. The vehicle is considered abandoned if you never come back for it or make arrangements about it after 30 days. They can then apply for an ownership and sell the vehicle.

What that tow truck driver did is illegal. He can't sell what he doesn't own. He can't own it unless he gets the title. He can't get the title unless you sign it over to him or the car is considered abandoned.

 

[DrPizza]

Is recording telephone conversations legal in your state? In my state, as long as one of the parties knows he's being recorded, it's legal. Tell him you are very meticulous about details, write everything down, and have the conversation on tape...

 

[Iron Woode]

Originally posted by: DrPizza
Is recording telephone conversations legal in your state? In my state, as long as one of the parties knows he's being recorded, it's legal. Tell him you are very meticulous about details, write everything down, and have the conversation on tape...

It should be legal if used in small claims court.

 

[FelixDeCat]

Sorry, cant help it......send an email Hillary Clinton and see what she has to say about it.

 

[Yax]

Originally posted by: FelixDeKat
Sorry, cant help it......send an email Hillary Clinton and see what she has to say about it.

You're just saying this cuz u know I can't mention that name! LOL

 

[DerwenArtos12]

It all depends on where you live. I have heard of this happening in NY twice to people i know. It was decided by the NY Supreme court that since they were contacted to tow the car and have a special assumed contract through the police that the person whose car is being towed agrees to all stipulation of that towing companies policies. There is a one buisness week wait mandatory before the car may be sold in Ny though so i don't know how he could have done it on Sat. Unless it was 12:00 technicaly making it sunday and that being 5 days he could have if it was in his contract with the police station which it is just about everywhere. What you could have done though is sued him for the remainder of the the money i.e. the profit he made from selling it and hope you have a really really nice judge.

 

[DaveSimmons]

Originally posted by: cheapbidder01

Originally posted by: PoPPeR
maybe there's a fine print somewhere. Even so i dunno if that would be legal, i'm not an attorney. Best of luck tho

Fine print or not, I didn't even ask that the car be towed by his company. The CHP did that since I was rushed to ER.

... which means you should also write a polite letter to the CHP about this, not just the State AG office. If you don't make some noise this company will keep ripping off other people.

 

[AlienCraft]

Originally posted by: DaveSimmons

Originally posted by: cheapbidder01

Originally posted by: PoPPeR
maybe there's a fine print somewhere. Even so i dunno if that would be legal, i'm not an attorney. Best of luck tho

Fine print or not, I didn't even ask that the car be towed by his company. The CHP did that since I was rushed to ER.

... which means you should also write a polite letter to the CHP about this, not just the State AG office. If you don't make some noise this company will keep ripping off other people.

You need to contact the captain of the CHP office that dealt with you. Make a copy of all related paperwork to him. Sounds like you may have a chop shop there.