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I signd a receipt not realizing the disclaimer was on the bottom. It was to small and I was distracted. Not to mentioned that I was told that if there were any damages to my vehicle just to bring it back.could I still fight this in small claims court?
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Originally Posted by BROOKLENM
Well, you can take anything to Court... it's a question of whether you will win and you are expected to read what you sign, before you sign it.
If you were told to bring the vehicle back if there were any damages... why don't you do that?
Thing that will get it fixed is get it in writing that they will fix it -- if you go to court -- they always lie and say that never happened -- you signed the release
Well jkt there's so much more to the story! I just gave a brief discription to what happened.. my fear is that he will deny it even happened in his possession or that it was already there! I'm just trying to see what my other options are.. and what is admissible in court. Are statements from other tenants or tape recordings exceptable? And if you have don't have an answer do you know of any website that I can look up laws in my state?Quote:
Originally Posted by JudyKayTee
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Originally Posted by BROOKLENM
Was your car damaged when it was being towed or in a parking lot - I wonder about the statements of other tenants. Makes me thinks it happened in a parking lot and the tow truck hit you. Or you were in an accident and had to be towed to a shop - ?
No, tape recordings are not admissible; some Courts will accept signed Affidavits - but what are the other tenants "testifying" about? That the damage occurred? That there was no damage before the tow? That will come down to how close to the tow the other tenants saw the car and how carefully they examined it.
A better witness is a live witness - in Court.
Didn't you say they told you to bring it back? I would guess that means it back to the tow company - have you tried that?
I am not aware of any site that specifically addresses damages caused by tow trucks in a specific State - it's simply a suit to recover for damages and unless the amount is very large these end up in Small Claims Court.
Occasionally I come across a tow company that actually takes photos before it tows, particularly if the driver sees damages and thinks it might be a concern, but when they are busy, and they usually are, they don't bother - that's why they hand you the release to sign. If you don't walk around and check for damage or don't look inside to make sure your sound system (or whatever) is still there and sign anyway you sign away your rights.
Unfortunately there are very, very explanations for why you signed a legal document without reading it.
How much damage are you talking about? Is it worth filing an insurance claim?
Well no one witnessesd it! But the tenants have definitley have had problems with the same tow truck company... and no I was towed from the parking lot in my apt complex in a fire zone. I do have a witness who is willing to go with me. She had her car damaged as well I'm just worried about the receipt being signed it's a he said she said case. I know the damage wasn't there I just don't know how to prove it! The sick part is that the broke in my car popped my trunk and try to bang it out so it wouldn't look so obvious! If I went there tomorrow and spoke with the same guy I spoke to and I had someone on speaker phone listening in could I bring in that person court to testify?
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Originally Posted by BROOKLENM
Okay - well, instead of doing the "speaker phone" thing I would just take a witness with me. But, yes, in NYS you can - in fact - tape record a conversation as long as one side of the conversation knows it's being recorded. For example, I could record a conversation between you and me but I couldn't legally record a conversation between you and your boyfriend.
My experience has been that people who tape record conversations - or have the conversation on speaker phone - tend to be very, very obvious, leading and suggesting and being anything but natural. Offends the other side very much and recording ends up being useless with a lot of, "Ah-ha! Gotcha!" kind of stuff going on. If your witness also had damage to her car by these people her testimony is going to be prejudicial because she has a previous problem with the tow truck company.
I'd take the car to a collision shop, get an estimate for the damage, explain that "someone" tried to hammer out the damage - but you still are going to have a problem getting around the release.
In fact, I'd skip the whole "go there and try to get them to admit something" angle and go right to Court. If you can get around the release, I think you're OK - better than OK if you have a witness that there was no damage before and there sure is now!
And then I'd never, ever park in a fire zone again.
Well one more question if I can't get anyone to go there with me when I go speak with the owner how will I be able to prove that he even admitted to doing damages to the car "thats of course he does?" it will then be he say she say again. When I spoke to him before I signed the release I had told him about my concern about my car being damaged and that's when he said that I shouldn't be and that if I had any damages to come back to him not once in that conversation did he said that he wasn't responsible for any damages done to the car during towing so that's when I felt like there was nothing for me to worry about the man sounded very convincing plus I thought that he was writing me out a bill and I signed only because he was releasing me the car and he needed to document that it was me in fact "owner" that he was releasing the car to... im telling you I feel like I got jurked and I feel really hopeless... im just a struggling single mother who's barely making ends meat and for something like this to happen.. I wouldn't feel satisfied till I make them pay!Quote:
Originally Posted by JudyKayTee
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Originally Posted by BROOKLENM
You're right - it's you said/he said. Him saying, "If {there are} damages come back to him ..." is a lot different from him saying, "If it's damaged I'll pay to repair it."
You are back where we started - file in Small Claims Court and attempt to prove your case the best you can - that's all you can do.
You are slightly disadvantaged by having to be towed from blocking a fire zone - makes you sound irresponsible. Not saying you are, just how it will sound to the Court.
I see no other options - go back and talk to the tow guy; if you don't get anywhere your only recourse is to file against him. I know you are unhappy (to say the least!) and I would be, too, but the facts are what they are, no better, no worse.
Most Small Claims courts have web sites or brochures that help you through the process. How to file, what you can bring as evidence, etc.
As I understand it, you were parked illegally and the apt complex called their tow service to tow your car. Now the tow service is still required to exercise due diligence in not damaging your vehicle. And testimony from another victim will help your case. But this is going to be a hard case to win. You have no evidence of the condition of your car before the tow or that the tow company actually caused the damage.
Have you talked to your insurance company? Have you gotten an estimate of the cost of repair?
I guess I disagree to a point, if you have not even went to them and asked them to fix the damage and show them the damge, Is it really fair to just go sue them. It is normally easy to tell tow damage by its location and the such.
But yes you can just sue them if you want to. But then how would you like to be sued out of the blue, without anyone even asking to have it fixed.
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