Does a tow company have a legal obligation to use due diligence To avoid an illegal tow? Despite signed consent.

Question

My vehicle was parked in a parking lot, It had suffered a short and died. I pulled off the street Into the lot From there, it was illegally towed. Clearly there were no signs. It was not a private residence, I was not blocking anything my car had only been parked there for a little while.. The company does not dispute legalities of the tow, In fact, they seem to care less if it was legal or not as they claim regardless, they are not liable.due to the signed consent by the property owner/requester.. Who unlike the tow server has no knowledge of related codes or ordinances. Lack of due diligence and sign consent allows predatory towing with no accountability.  I believe this serves as an injustice to the Vehicle owner as well as the property owner and only the tow company is benefiting... Is this legal? Also car was towed outside of the 10 mile limit. Broke into in order to put it in neutral., and has damage to the ABS brakes, Liable?

Yelena Gurevich · Answer

Interesting question. More information is needed (as in were you a customer of the business the parking lot was attached to? If you were not, where did you go instead? And how clear would it be to a reasonable person the lot was for customers only? And who called the tow company or were they circling the block looking for cars to tow?). An attorney would also need to do a little review and research of the consent signed. As you can see by my response this is not a simple issue. If you want to pay an attorney for a consultations to see what your rights are you can certainly do that. Not many such cases are brought to court because paying an attorney is sometimes more than paying the tow fees so not many people are willing to do that.

Tim Akpinar · Answer

Both you and the company would probably raise a number of valid arguments in court to support your differing positions. But on something of this nature, a law firm would probably advise that it needs to investigate further and speak with people. It isn't the type of matter that most law firms would handle on a contingency basis - meaning that legal fees could add up. You could reach out to law firms - different attorneys could see things differently. Good luck

James L. Arrasmith · Answer

Under California law, tow companies are required to adhere to certain legal standards and procedures when towing vehicles. Even with signed consent from a property owner, a tow company must ensure that the tow is lawful. This includes complying with signage requirements, not towing vehicles without proper cause, and adhering to local ordinances and state laws. 
 
If there were no clear signs indicating parking restrictions or the terms under which vehicles could be towed, this could be considered an illegal tow. Additionally, towing a vehicle beyond a 10-mile limit without proper justification can also be a violation of California law. 
 
Regarding the damage to your vehicle, tow companies are generally responsible for any damage caused during the towing process. If your vehicle was broken into or damaged while in their custody, you may have grounds for a claim against the tow company for the repair costs. 
 
It is advisable to gather all relevant evidence, such as photographs of the parking lot (showing lack of signage), details of the tow, and repair estimates for the damage to your vehicle. You may want to consider legal action or a complaint with local regulatory authorities. 
 
In situations like this, it can be beneficial to consult with a lawyer who can provide guidance specific to your case and help you understand your rights and the potential avenues for recourse. Legal advice can be crucial in navigating these complex issues and ensuring that your interests are protected.

Q: Does a tow company have a legal obligation to use due diligence To avoid an illegal tow? Despite signed consent.