Apartment Complex towed my truck... play? - Page 3

bluef0x · #21 07-01-2006, 09:50 PM

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More than likely, it was the contractor doing the lot that called to have your car towed as opposed to the rental company. The viability of your claim most likely depends on the terms of your lease, or whether the apartment complexes method of notice was reasonable considering the circumstances. Whoever you talked to probably has no authority to pay you back. Send them a letter by registered mail. Even better if you have an uncle/friend/whoever that is a lawyer send it. Then they'll have to run it up to their surperiors who would probably rather just pay the 400 bucks than fight you in court. Generally, I don't think you have as strong a case as others here seem to. It seems like an extraordinary circumstance that someone would be gone from their apartment for several days, but still have a car parked in the lot, so their method of notice seems reasonable to me. As it was probably the painters/pavers that called the tow truck when they discovered your car was in the way, I don't think there was any possibility of you being notified by phone or whatever.

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Well the Apartment managers were there, they were the ones that contracted the tow-company or whatever. Gone for 3 days ? How is that hard to believe? Families aren't allowed to go to vacation? Again they had 3 ways of finding my phone number and calling. They could have also checked the apartment and seen that the paper was wedged in the door, common sense would say the renters would be out of town.

Anyone know anything about striping? I find it hard to believe my truck was in the way of anything unless it had to do with covering the whole pavement..

Hopey · #22 07-01-2006, 10:33 PM

You asked them to pay your towing charge, and they didn't. You're wasting your time trying to get them to change their mind.

File a claim in small claims court. The great thing about small claims court is that you can greatly inflate the amount that you are seeking in order to stick it to the apartment complex (as well as make a few bucks for your time).

In your statement of claim, you can include:
1) The towing charge (of course).
2) Any loss of pay due to you and/or your father having to take time off to recover your vehicle.
3) The cost of the fuel that was required to drive out to the impound lot.
4) The court fees that you paid to file the claim (it's usually $50).
5) Anything else you can think of that sounds remotely plausible.

As a bonus, if the amount is large enough, the apartment complex will probably offer to settle for the the $397, which is what you were looking for initially.

RacersEdge · #23 07-01-2006, 11:04 PM

I agree - take them to small claims court. You have a great case. I think a court would easily see 1 week as a standard notice time. Also, make sure you pay your July rent in the mean time - don't do anything like subtracting out the money you want.

dtemp · #24 07-02-2006, 04:42 AM

Most states have rental associations with rules that apartment owners have to abide by. Call them up before going to court. They can have a lot of sway.

Hey_Porter · #25 07-02-2006, 11:49 PM

Where are you people from where it's a good idea to get a lawyer over $400? I know a lot of these things will include court and attorney fees, but geesh...

davebwell · #26 07-03-2006, 02:07 AM

There is an issue of standing in this case that hasn't been addressed. You may not have standing to file for damages because you are not the owner of the truck. If I were you, I would file jointly with your father since he is the owner and although you are the user of the truck he is the one that most likely from a legal perspective suffered damages. Especially since he had to pick up the truck from the impound lot and technically paid the towing and storage fees.

Your Mom · #27 07-03-2006, 01:16 PM

So if you take a vacation and have someone drive you to the airport, it is reasonable for your apt. complex to tow your car. No, I don't think so. A phone call to your cell phone is completely necessary by them. Complete [censored] by them and I would be throwing a fit.

Huggie · #28 07-03-2006, 01:54 PM

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How much money are you out so far?

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Close to $400.. like $397 or something.

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When calculating this dollar value, I would also take into account the opportunity cost of your dad's hourly value for the time he had to come get the car, as well as your own hourly value for what you feel you are worth (whether you have a job/hourly rate, or what have you).

This sounds like something that could be handled by a small claims court. It's a holiday weekend in the States, and it's pretty likely there are others who had plans accordingly who may have left their vehicles while gone. As other mentioned though, check the lease agreement for parking regulations to back you up.