Wrongful Illegal Towing Attorneys South Florida. Illegally towed vehicles are becoming more and more common in and around the Miami, Broward and Palm Beach area and throughout the State of Florida. Anyone towing a vehicle in Florida without the consent of the owner must comply with the requirements of Florida Statutes Section 715.07. If you park and your car and it is gone when you return to where you originally parked it, contact the local police department or sheriff’s office to report the vehicle as missing. Local law enforcement will be able to tell you whether your vehicle has been towed and, if so, which towing company towed the vehicle and where your vehicle is stored.
If you were not parked illegally, and your car was still towed, contact an attorney. There are several things you can do if your car has been illegally towed. Your rights may have been violated. If you returned to your vehicle and it was in the process of being towed, the tow truck driver must agree to lower the vehicle and charge you only half of the locally-allowable rate. If the tow truck operator does not agree to do this, your vehicle may have been illegally towed.
Check you did not violate parking rules : The first thing to check is that you parked in a legal spot. Make sure that there is no signage at the entry to the parking lot or in nearby spots that indicates you could be illegally parked. If possible check the lease of the person who is renting the apartment, which should state parking restrictions and visitor parking in the apartment complex. Finally call the apartment managers to log a complaint and ask them why your car was towed. They will likely be more helpful than the towing company, particular since they have to care about their tenant’s rights (like having visitors be able to park when they come over).
Proof of the towing: Get proof that the towing company followed state procedures regarding the towing. This requires that they take a picture of the car in the “illegal” spot and notify the local police department to ensure the car is not classified as stolen. Getting the pictures of the towing from the towing company is not easy and you will likely have to go back a couple of days later to get the digital photos. Expect a charge for this.
Call the local police department: You should also call the local police department where the towing company is located to check it they actually reported your car as towed. The police though cannot force the towing company to give back your car and can only come out to keep the peace if discussions get heated and act as a witness. However, don’t expect the police department to be much of an ally since this is a pretty minor item in their eyes and they have much more of a relationship with the towing company operators, than with you.
Since 1990, insurance policyholders throughout Florida have relied on the lawyers of Harold B. Klite Truppman, P.A., to help them resolve disputes with their insurers. Our firm is recognized for providing exceptional client service and representation in all areas of insurance dispute resolution law.
