Legal Question in Personal Injury in Pennsylvania

BMW Roadside Service contracted a towing company to tow my car on Saturday night 4/10 to deliver my car to Otto's BMW that evening. The towing company neglected to follow policy and deliver the car in their night drop. They kept the car claiming that it was safe. When I called them on Monday to deliver the car the constantly made excuses as to why they could not deliver it. Every time it was a different lie. The towing company did not deliver the car until Tuesday morning when Otto's BMW told the towing company that the car was reported stolen. That prompted the towing company to deliver the car immediately. The car showed up with a smashed taillight and trunk lid. Is there grounds to sue over keeping the car hostage, not telling me where it was, damage, and stealing personal property from the car ($200 sunglasses)?


Asked on 4/15/10, 6:50 pm

2 Answers from Attorneys
Richard Senker Senker Law Office

You're entitled to get compensated for your losses (value of repairs to car). There's no compensation for "pain and suffering" or inconvenience. You're going to have difficulty w/ any theft--my guess is that their paperwork says they're not responsible for items you leave in the car.

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Answered on 4/20/10, 7:34 pm
Terence Sean McGraw Warren & McGraw, LLC

Looks like a matter best handled by a district justice complaint, as long as your total damages are less than $8,000.00. A prior answer here at LawGuru provides very sound explanation/advice. https://www.lawguru.com/legal-questions/pennsylvania-general-civil-litigation/pas-bailment-law-consumer-vehicle-264098476/a

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Answered on 4/21/10, 10:19 am


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