Legal Question in Civil Litigation in Florida
wrongful towed by a towing company
on 12-10-01 i parked my 1982 gmc turck, brown in color, at a meter in front of duval county court house. i put money in the meter and went inside to conduct my business. an hour later i came out and my truck was gone. i found out it was towed by a local towing company. when i called the towing company they stated that they were ordered to tow the truck by the construction company. i talked to the forman of the construction company and he stated that he called to have a red 1995 chevy towed out of the parking garage.
i called the towing company and they blamed me for the mishap and did not return my truck unitl 5 hiurs later. i found the wrecker driver was told not to tow it by a baliff and asst. state attroney, because money was in the meter, the meter was not bagged and the truck was not on private property. the driver towed it anyway, causing damage to the ingnition. my truck now starts without a key.
i called the towing company, which refuses to take responsiblity. the owner stated that if i could prove they damaged it, the company would by me a new truck.
do i have a verbal contract?
do i have a case?
1 Answer from Attorneys
Re: wrongful towed by a towing company
It appears you have a claim for property damage against the tow truck company. As for any verbal agreement, do you really believe the owner of the tow truck company would admit that he told you he would buy you a new truck if you could prove his company damaged your truck? Of course not, and even if he made such an admission, it would not necessarily mean that any legally binding obligation ensured, so forget about the "verbal agreement" and, if it's worth it to you, seek counsel to pursue the property damage claim. Good luck.
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