Any Lawyers on Board?? This is great

KngTgr

Well-known member
May 20, 2005
1,323
14
Fairfax, VA
EJB90 said:
Yeah I was wondering about that.

Even if he had the right to tow you, I am sure it is not legal to try to tow the car when there is a person inside of it.
Normal procedure if the person is in the car and does not want to get out, is for the tow truck driver to call the police, if the tow is legit, the police will ask you to get out of the car, so that your vehicle can be towed
 
Aug 20, 2007
2,730
45
Nashville TN
p m said:
no, it is not legal for a tow truck driver to collect money like that.
Most likely, it is illegal to tow a vehicle in the presence of the driver.
I'd just get in the vehicle and sit - towing a vehicle with a person inside is illegal pretty much anywhere.

just about any parking space in the college town i live in is like that. if you've been drinking, don't do it unless you know you're under the legal limit.

but if you're under the legal limit, then hop in and sit there until he lets you go!
 

Bwestone

Well-known member
Jul 26, 2006
401
0
Charleston, SC
That video is great but being a four wheel drive i probably would have torn straight through those straps haha. But luckily it didnt go that way. I know for a fact that i wasnt intoxicated, and i could have pulled a sit in like some, but from his actions he would have towed it with me inside of it.
 

Ed Cheung

Well-known member
Aug 23, 2006
1,584
2
Hong Kong
Not too sure if I got this right,the tow guy did took the money,right. He neither take the money on the spot and leave your truck alone or tow the truck and u pay the fee at the office to release the truck. The process don't seem right to me.
 

RBBailey

Well-known member
Jul 26, 2004
6,758
3
Oregon
www.flickr.com
I can't say anything about this story, I wasn't there. But I'm telling you, this is a big deal here in Oregon lately. There is some loop-hole in the law that basically allows them to get away with making you pay for the tow, even before you get towed.

Tow companies have been trolling for violators, they then hook up and wait to either get another call, or they just wait for the owner of the current car to come out, then they demand a fee. If the cops are called, chances are, you were parked in at least some questionable way, so the tow driver basically gets away with it. Things came to a head here in Portland last summer when a tow driver hooked up to an old lady's car who parked in a handicap spot at the post office. She was handicap, but she forgot to put the card up in the window. She went and got in front of the truck and wouldn't let it drive away, she called here son, her son called the police and the local news, they got the whole thing on live TV and the tow truck driver finally stepped back and let her off.

They are now looking at the laws to revise them.
 

Bwestone

Well-known member
Jul 26, 2006
401
0
Charleston, SC
The guy was about to tow me and i walked outside and said he didnt have to. So he said pay me and i wont tow you. Well i paid the guy and said i was moving my car and he decided to lift it with me in it and screwed up the rear.
 

curtis

Well-known member
Apr 20, 2004
1,545
0
Salt Lake City, UT
At this point, I am calling BS on this one. Whether you are telling the truth or not is irrelevant. The story you have just does not add up to what the tow truck driver will tell a judge or jury. He will win by saying you drove the truck off the lift, and the damage seems to support what he will say. You do not have a case.

Also, my experience on this site has led me to know that anyone seeking out legal advice on a Land Rover site has a weak case at best. Try again to settle or just fix it with parts from a junkyard. It is not worth the hassle.
 

curtis

Well-known member
Apr 20, 2004
1,545
0
Salt Lake City, UT
Bwestone said:
Well we know how long a small claims court is going to take. I did get the estimates and took pictures the night it happened. Also I am going to request a jury trial so I can try to convince the jury.

As an aside, just in case your lawyer did not inform you, there are NEVER jury trials for small claims court in the US. You see a judge, or get deferred to a mediator. Good lord, man. Do you really think a court would waste the valuable time of twelve of your peers for $2000?
 

curtis

Well-known member
Apr 20, 2004
1,545
0
Salt Lake City, UT
Wait a minute:

Bwestone said:
So i recently filed a lawsuit for the guy and taking him to court over the $2000 worth of damage he caused.

It looks like you said you already filed a lawsuit. If you did then you would have known there was no jury trial for small claims.

Looks like it is time to fess up. If you did not tell the truth about filing the claim, what else are you leaving out? I am sorry, but at this point I am almost certain that you drove the rig off the lift, but thought you were justified in doing so because you had given CC information. I do not know you, but if I was the judge, that would be my opinion.
 

p m

Administrator
Staff member
Apr 19, 2004
15,651
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La Jolla, CA
www.3rj.org
michaels said:
just about any parking space in the college town i live in is like that. if you've been drinking, don't do it unless you know you're under the legal limit.

but if you're under the legal limit, then hop in and sit there until he lets you go!
Not necessarily. You can be way over the limit - but, if I felt like I was way over the limit, I'd take the passenger seat and put the keys in the glovebox.
 

Bwestone

Well-known member
Jul 26, 2006
401
0
Charleston, SC
Wow. This has gotten way to far. First i posted this to tell a story and now im being criticized over the fact that i think what happened is bullshit. I dont need legal advise just figured someone may get a kick out of it for the fact of how much tow drivers suck. Im not getting on here lying about my story the guy is one of the biggest assholes i have ever encountered.
 

fosterchild420

Well-known member
Feb 18, 2008
301
0
Prospect, VA, USA
accually i think you did ask for advice: "Any advice or comment are greatly appreciated. Wish me luck."

as previously stated there are some tow drivers that make all the rest look bad.

Ok that said, in the state of Virginia that law is: when a tow company is contacted to tow a vehicle, the tow company then has a mechanic's lean on the vehicle until his bill is satisfied or he releases the vehicle. Now what that means is if i as a police officer calls a wrecker to come get your vehicle, you will not move that vehicle until the wrecker driver says "ok dont worry about it" or "pay me $xx.xx for getting out of bed and driving out here". I say this with first hand knowledge of towing cars while i was a police officer at Hampden-Sydney College.

I can also tell you that if the wrecker drivers gives a dollar figure, you have to pay right then or he has every right to tow the vehicle. It is the drivers option to allow the person the "buy the vehicle off the truck" or make you come to his office/yard and pick it up.

It is against the law to tow an occupied vehicle in Va. As previously stated, the driver would call the cops, cops arrest you and still tow the vehicle. (most likely)

Ok with all that being said, I am not sure what the laws are in NC having to do with this but i would be very careful because the burden of proof is on you.

Just my $0.02.
 
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