Legal Question in Civil Litigation in Maryland
wrongful towing of auto
My auto was wrongfully towed from my apartment complex.
The towing company says they were called by the rental office, however the rental office claims that no call or request, although there is an aggrement between the towing company and apartment complex to tow autos with expired tags or illegally parked cars without being called.
The towing company says that my tags were expired however I had renewed my registration on-line via the Maryland Motor Vehicles website and had the Temporary Registration clearly posted in the rear window as instructed until the actual decals arrive in the mail. The towing company refused to release my vechicle when I telephoned them. The next day when I went to retreive my auto the Temporary Registration could be clearly viewed and I was not charged a fee. I had the towing company write on the receipt why my vechicle was being released: ''did not see temporary tags (registration)''. I asked for a letter from the apartment rental office stating that no--name removed--in the office called the towing company, but what I received was a long letter with nothing regarding whether or not a call or request was made.
My Question: Should I sue the towing company and the owner of my apartment complex?
2 Answers from Attorneys
Re: wrongful towing of auto
Technically you could sue the towing company for negligence in failing to recognize the valid registration sticker. However, I suspect you wouldn't receive much even if you prevailed in the suit, since the towing company admitted its mistake and returned the vehicle to you the next day without charge. Your case is weaker against the apartment complex since it's difficult to prove they called the towing company, as opposed to the towing company's acting on its own initiative.
Re: wrongful towing of auto
Before you decide to sue either the towing company or the apartment complex, you need to make an assessment of what your actual damages are, as a result of what occurred. You mentioned that the towing company did not charge you a fee--and there was no mention of any physical damage to your car. As such based on what you have stated, even if you prevailed in a lawsuit, after costs and attorneys fees (presuming you would retain one)your recovery would probably be minimal.
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