Legal Question in Consumer Law in Florida

Totalled Car
Our Car was disabled so we called for roadside assistance. Our Company sent someone out to two our car to a garage in Florida. When the driver of the towing truck reached the garage and attempted to unload our vehicle, the car would ot come off because the wheels would not engage and roll off. The driver side several times to pull the vehicle off unsuccessfully. Finally the driver took a heavy duty chain and hooked it under the car with one end and put the other end around a large tree. First he pulled off slowly and the car still did not move. Then, obviously frustrated, he backed up a little and snatched fowarded with such force that the back bumper came off and the rear suspension broke, the trunk and the car still did not move. We fold him to stop and we called our repairman and he came and poured oil around all four tires and the car rolled off of the wrecker , fell on the ground and tore the front bumper off, because the driver of the wrecker did not let the truck down far enough. Our Acura was totaled out. It could not be fixed because of the damage that was done.Can we be Compensated

Asked on 9/04/07, 11:58 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

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Re: Totalled Car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Yes, it sounds as if you may have a good case against the tow truck company and your roadside assistance company who sent the truck to you. You may be entitled to compensation to fix the vehicle but it certainly does not sound as if it was totalled as you claim. Of course, this would be open to further proof either way.

Scott R. Jay, Esq.

Answered on 9/05/07, 12:28 am

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