S2KANDRE

I remember one of the judges saying, "A lot of time is spent in small claims court over principle."

As far as advice. Cut to the chase.

Have everything outlined as to what you are going to say. Have documentation handy (copies and originals).

The judge knows you're no lawyer so he's not expecting much, but you need to do better than the average moron.

S2KANDRE

You won't get lost wages. I've never yet seen someone win on that. Whether on tv or in court.

S2KANDRE

BTW make sure you have some kind of physical proof that the damage is likely to have happened due to their part. ie. pictures of your car right before the tow, or another tower's written statement as to how they hook up cars and how that actually caused the damage.

If you don't have anything the judge will just make his own call on that. Well he'll still make his own call regardless, but at least you'll have an edge.

BTW be prepared for an appeal. Those are always fun.

GR1MS2K

gluck chairman..yes tow people are aholes..my old car got damaged after it got towed and they kept saying they didnt damage it. i hope you sue and win. GLUCK

Millenion LTD

It wont hurt to claim, the worst that can happen is the judge throws it out.

Its unfair for a 3rd party to destroy your "only" available vehicle which you use to get to work without being compensated for the time. This is the exact same thing as an auto accident. I got paid for it.

Italia

One thing that may hurt you in this case is that you already got it fixed, even if it was at a fair price, or you did it yourself, or whatever, often times they require 2 or 3 estimates from different places in small claims court. Make sure you have lots of good pictures, and be sure to hammer the fact that they did not even want to respond to you/take care of the situation, this portrays GUILT.

Also, tow companies have been known to skimp on insurance/go for periods of time without it and this may be the case for them, which would be opening up another big can of worms. When filing for small claims, they will usually tell you if you have a strong case or not and advise you if you will win or not. I guess the only way out of it for the tow truck company would be to lie under oath, and deny all damages, but you still have a record of them towing your car etc etc.


You've probably already seen this but http://www.courtinfo.ca.gov/selfhelp/small...s.htm#paytofile has a lot of the basic info.

Italia

Also, was it going to an impound yard? Was the impound yard the same company as the tow company or separate? I knew someone in the same situation as you and they said that on impounds since the tow company is contracted through the yard, technically the yard is responsible as well, he got the yard to pay for his damages in the end since the tow company was refusing. At VERY least, I'd bring the issue up with the yard and let them know, even if they do not take responsibility maybe they will come down on the tow company...

oneboy2c

www.civiltree.com

File your case there. I used them before and it worked out great.

S_special

tows are for hoes

chairmnofthboard

Tell that to my arresting officer.