Legal Question in Civil Litigation in Massachusetts
Damages vehicle during a tow.
Recently my vehicle was towed by a private tow company. The reason I was towed is irrelavent to my question. When I recovered my vehicle I noticed damed on thedoor that was not present before the tow. I told the individual whom escorted me to my car the situation. He claimed that he was the one who towed me and the damage was there when he started the tow. I asked him if this was true if he had noted that fact anywhere ? He had not. My question is what, if any, legal recourse do I have ??
2 Answers from Attorneys
Damges from towing
You can take the tow company to small claims court and sue them for the damages. If thecar was improperly towed, you may also sue the person who requested the car be towed. Anexample of this is a person who tows you from his parking lot without the proper authorization.
Claim for damgaes - Good faith belief...
If you have a good faith belief that the damageswere in fact caused by the tow company or theperson/company who ordered your vehicle to be towed, you may have a claim for damages.
Who is responsible for the damage would likelybe decided by a trier of fact (judge or jury)should you decide to file a lawsuit. More likelythan not a settlement would be attainable throughmaking a proper demand.
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