Legal Question in Personal Injury in Florida

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What is the name of your state (only U.S. law)? Florida

A tow truck picked up my car, in an effort to reposess the vehicle of someone I do not know, because the parking lot was not big enough to get to the vehicle he wanted without moving my car. He was in a hurry not to get caught, and accidently shoved my car into a cement wall, pushing the car off the wheel lift, and ripping the front of my 2009 Taurus, and damaging the back from the cement wall. He took off, with the reposessed car. Someone came and got me, and gave me the name and number off the towtruck. I called him and told him I was going to call the police, and sue him. He came back to my house and told me he would pay for the repairs, not to call the police. (I didn't Stupid me) He avoided me for two weeks, then told me that his neighbor does body work at his house, and he would fix it. I told him his neighbor was not going to fix my car in his back yard, and I had a estimate from the ford dealer for $1,580.00. He told me he wasn't going to pay that, his neighbor would do it cheaper, if I wanted it fixed at the Ford dealer, I could pay for it myself. I sent him a demand letter to sue him, he told me that he had a body shop that would fix it, but told me I didn't need to know who. He said he would come and get my car, and when it was done, he would bring it back. (I am not going to turn my car over to him, and hand him the keys) It's a new car, I WANT IT FIXED at the dealer. He has refused to furnish me with the insurance information I have asked for several times. He said his deductable is $1,000.00 and he can get it fixed for $400.00

I have done sone research, and would like any advice given.I may be wrong, but I'm thinking, If I take him to small claims court: Towtuck/reposession drivers are not allowed to touch or move cars they were not hired to move/reposess. Florida statute 812.12 satates that unauthorized, or illegal towing of a vehicle constitutes "civil theft" FL. Statute 772.11 Anyone who sustaines damage by reason of any violation of FL. Statute 812.12 has cause of action for threefold damages, and court cost, attorney fees. Am I entitled to three times the amount of the damage (the ford dealer estimate) since this guy is so difficult?

any advice helpful,

Thanks

John

2 Answers from Attorneys

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