If you feel your car was towed illegally or if your car was significantly damaged when you picked it up from the impound, you may be able to file a claim against the company that towed your car.
When Can My Car Be Towed in Florida?
It’s important to understand what is legal and what your rights are when your car has been towed.
A towing company can legally remove your car from private property without your consent under specific circumstances:
- If there are conspicuous signs or notices indicating an area is a tow-away zone, but you parked there anyway
- If you’re parked at a single-family residence or preventing access to someone’s private driveway
- If your parked car is blocking a public right-of-way
- If the location of your parked car is preventing a business from operating
If your car has been towed, certain requirements must be met according to section 715.07 of the Florida Statutes.
- After your car has been towed, you should contact the police to find out which company towed your car and where you can locate your car to redeem it (retrieve it in exchange for a fee).
- Your car must be taken to an impound that is within 10 or 15 miles from the location where your car was towed, depending on the population size of the respective county the towing occurred in.
- You must be able to retrieve your car within an hour of contacting the impound, even if it’s outside of normal business hours.
- If you return to your car and the towing company is present, per Florida law they must allow you to pay a reasonable* service fee to release your car back to you.
*The fee can be as much as (but not greater than) half the cost of the typical service fee they charge when towing vehicles.
What If My Car Is Damaged After Getting Towed in Florida?
It can be infuriating to retrieve your car and discover it’s not in the same shape it was before being towed. If you are in this predicament, you can possibly file a claim against the towing company, citing them for negligence.
How We Can Help You with Your Illegal Car Towing Case
Our trespass towing lawyers can help identify the extent of the damages to your vehicle and build your case against the tow company. For instance, the company may have failed to exercise reasonable care in handling your car. This form of negligence can be classified as a breach of the company’s duty of care.
We can advise you on what sort of documentation would be beneficial for your case, such as receipts from the tow company or repair shop where you may have taken your vehicle for an estimate of repairs. Photos of the damages, as well as the site where your car was towed, would also be valuable— especially if it can be proven that there were no prominent signs or notices indicating it was a tow-away zone.
Our experienced attorneys at RAK Law take your illegal car towing claim seriously and are eager to help you pursue maximum compensation.
To learn how our Florida wrongful towing attorneys can help you, submit your information online or call (813) 750-0513.
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The legal team at RAK Law Firm is committed to providing our clients with personalized service that fosters an attorney-client relationship built on genuine care. Backed by half a century of combined experience, our reputation precedes us. Throughout Florida, we are recognized for our winning results, ethical business model, and customized approach.
As your trusted advisors, we will support and uphold what we know to be in your best interests, just as we have done for those before you.
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