Legal Question in Real Estate Law in California
I work in a shopping center located across the street from a college. Last thursday, I was stopping by my office early to meet with my manager, and then do some local marketing. I arrived around 8:15, early, because my office doesn't open until 9. I parked in the lot in front of my office, as I always do, then walked across the street to have breakfast at one of the coffee shops on the college campus.
I took my time because I was early, and called my office around 9 to let my manager know I would be there shortly. She informed me that my car had just been towed.
I went to the tow company, provided my business card and ID, and they called my office to verify that I worked there and released my car to me without charging me the towing fee. I appealed the parking violation issued by the security company hired by the property management, and the fine was disregarded.
My issue is, since the car was towed, I've been having transmission problems. When I shift into drive, my car stays in neutral. I have to shift it slightly past drive for it to drive, and it is not locked into place. A slight bump of the shifter will send it back into "drive", which is really neutral.
I do not have any way of proving that this issue was caused from the tow, so I'm worried that I will not be able to take any legal action. The car has other mechanical issues that I'm in the process of fixing, but this was definitely NOT a pre-existing problem. I have not yet been to a mechanic to have this problem looked at, but plan on taking it in this weekend.
My question is, do I have any legal recourse? Who is responsible? The property management firm, the security company, or the towing company? What documentation would I need to provide? Do I even have a case, without being able to prove that the damage was caused by the tow?
2 Answers from Attorneys
I would write up all the facts in a format that emphasizes the mechanical aspects, then take that to a transmission-repair specialist and have the manager or inspector confirm your diagnosis and possible/probable cause, in writing (before repairs, or afterwards if necessary). Then, if the cost of the repair warrants, and it is not covered by warranty or insurance, take your paid bill to the "usual suspects" and ask for reimbursement. Consider small-claims court if this doesn't work. Whether the tow was faulty or not may depend on the make of the car; some 4WD and AWD models must be loaded on a flatbed rather than dragged.
Mr. Whipple makes some good suggestions as to how to get proof the tow caused your problem. To answer your question directly, though, if you can't prove the tow caused the problem, you don't have a case.
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