Advice on Car Damage - legal case?

So, I parked my car in my girlfriends parking lot in fort lee which you apparently needed a permit for on Saturday night. Sunday morning we come out and my car is gone, we quickly learn that it's been towed, track down where to and go pick up my car. I was real nice to the tow guys and the company, I know they're just doing their job. So I pull off the lot with my car onto 95 and am immediately afraid for my life. My car is all over the road and swerving uncontrollably. I stop about a mile later and get out and look at the car, the front end seems to be straight and nothing seems to be out of place.

I call the tow company and tell them something they did broke my car to the point where it's inoperable. They told me to bring it back and they'll have someone look at it. So i bring it back and the guy who actually did the tow was there, a real danny zuko looking mother fucker right down to the slick black hair. He looks at my front end as I did and is telling me everything i straight. I argue with him for 10 minutes or so letting him know my car was fine when I parked it, and when I picked it up I can't even drive it etc. He puts me on the phone with the owner of the company and he instructs me to fill out a police report and bring it to a mechanic and if I can prove they caused the damage they would take a look at it. I tried to do a police report on sunday but the officer told me "not possible" due to it being a civil matter. I did however have a friend put it up on a lift for me. Here's what we found on the rear drivers side....

http://i.imgur.com/JCgiQ2v.jpg

So.. what did he do? He attempted to strap my car down to the flat bed via my rear control arm, overtightened it and snapped it right in half. That is a 1 inch thick piece of aluminum. He then proceeded to lie to me by saying he strapped the back of the car down by the of the car.

So I opened a case with Geico (my ins co) and forwarded them my receipt and picture that is above and explained what happened. They reached out to the tow company but they will not give any insurance info out. The owner of the company (greg) called me and told me to file a police report and we'll take it from there. So yesterday I went to Fort Lee PD and explained the situation and filed a police report.

My question is why does this guy need a police report? The PD doesn't even understand. I think he's just jerking me around and I'm too civil of a guy to lose my shit over this. But this repair is going to cost a lot of money and i'm without a car at the moment. I asked my friends mom who is a lawyer and she said it is unlawful to withhold your insurance information for the sake of someone reporting a claim. So what do you guys think?

I just want my car, man...

They probably need the police report for thr insurance company. If geico can not get money from them, u'll have to sue them in small claims court for the damages and expenses. Save all your receipts.

Can I go ahead and repair the car on my own and be reimbursed at a later time? My only concern is that their insurance company will not have the chance to take their pictures etc. But I could have a mechanic take the pictures.

I don't know all the ins and outs, but it sounds like they want you to file a police report because that will prove that you have no proof they damaged the vehicle.

I'd recommend getting estimates (usually 3 is safe) to see cost of repairs. Bring that info to the tow company. When they tell you to F off, you can sue them. You probably wont win, but its one of your only options.

I'd ask your friend's mom, the lawyer, to get a lawyerly with the tow company.

if that doesnt work, get estimates for the repair and file a small claim in court. its doubtful that you'll win because the tow company will argue that it was broke before they towed it, or, you broke it after you picked it up. it'll be a pissing contest with no winner, other than the lawyers for both sides.

What kind of car? I had the same thing snap in a Protege I had many moons ago. It cost me $300 all in to fix it. If you're facing a similar cost you're probably better off sucking it up and fixing it. If your INS company can't get money out of them then the hassle involved, cost of your time and fuel wouldn't even be worth it.

Good luck, vehicles suck!

What kind of car? I had the same thing snap in a Protege I had many moons ago. It cost me $300 all in to fix it. If you're facing a similar cost you're probably better off sucking it up and fixing it. If your INS company can't get money out of them then the hassle involved, cost of your time and fuel wouldn't even be worth it.

 

Good luck, vehicles suck!

It's a 2007 Dodge charger.

I spoke to the owner of the company yesterday and kind of pulled the whole good guy act. I'm a nice person at heart so I just went with my gut and i explained to him that it was an accident and i understand people make mistakes and i'm not mad about it I just want them to do the right thing and take responsibility and fix the car. He asked me if I've gotten estimates (i haven't yet) and asked me to send him a picture of the damage and he'll call me tomorrow (today). So hopefully this is a step in the right direction.

Good on you for being so patient, I wouldnt be able to do that. If you need help with repairs at all let me know. I know a bunch of places that can get the parts or do the labor for a lot less. Good luck!

Thanks! I appreciate it.

Here's an update: I emailed the guy again yesterday because he never called me. I told him the car went into the shop and I should be getting an estimate today. He replied and said my first email got sent to his spam folder and he'll call me today. I think he's actually going to pay for the damages after seeing the picture. It sucks having to be this patient especially because I start my staycation today and don't really have a car. But hopefully this gets resolved shortly.

Well, first, it is a civil matter, not a Police matter so you shoudln't need a report. Technically, a property damage car accident is a civil matter as well. You don't need a Police report per-say but insurance often likes one to have an Officer document officially damage and who's at fault.

Your best bet is to basically go through your insurance and have them fight to reimburse you. That's what you pay insurance for. If the repairs though are in the 5-600 range, you might be able to approach the company again, explain the cost of repair, and see if they will pay a good chunk of that and split it with you to save you the headache of processing this in a civil matter or through insurance and have your premiums possibly go up. When it comes down to it, its going to be your word against their word and the concept of "towed at your own risk" does start to play into the whole thing. Shitty situation.

Well, first, it is a civil matter, not a Police matter so you shoudln't need a report. Technically, a property damage car accident is a civil matter as well. You don't need a Police report per-say but insurance often likes one to have an Officer document officially damage and who's at fault.

Your best bet is to basically go through your insurance and have them fight to reimburse you. That's what you pay insurance for. If the repairs though are in the 5-600 range, you might be able to approach the company again, explain the cost of repair, and see if they will pay a good chunk of that and split it with you to save you the headache of processing this in a civil matter or through insurance and have your premiums possibly go up. When it comes down to it, its going to be your word against their word and the concept of "towed at your own risk" does start to play into the whole thing. Shitty situation.

Good points but i believe the saying is "towed at owners expense" but I believe that only applies to the tow, not any damages occurring during the tow. They are still providing a service and failed to provide it the correct way and should take responsibility for it.

Good points but i believe the saying is "towed at owners expense" but I believe that only applies to the tow, not any damages occurring during the tow. They are still providing a service and failed to provide it the correct way and should take responsibility for it.

Well alright but good luck proving that the damage was new and not already there legally. Thats the problem. There is no way to prove it, even if u get an estimate saying so from a mechanic. There really isnt anything the Police can do and the civil route is a pain in the ass.

Can I go ahead and repair the car on my own and be reimbursed at a later time? My only concern is that their insurance company will not have the chance to take their pictures etc. But I could have a mechanic take the pictures.

You have to allow an adjuster to come in and inspect the vehicle.

Figured I would post an update. So I got the manager to own up to the damage and play ball. He asked me to send him pictures of the damage which I did, he called me back and said that even though I have those pictures that I have no proof that they broke my car and will not pay for it. I told him that I guess I will just take him to civil court then. He called me back about a half hour later and said to avoid the whole court situation that he was willing to pay for the part and 1 hour of labor. After I got the bill from the mechanic I saw the part was 411$ and the labor was less than 1 hour (77$). I had a feeling the guy from the tow company was not going to want to pay this even though he already agreed to so i called him on speakerphone and video taped my conversation with him saying he is agreeing to pay for the part and 1 hour of labor and to bring him the bill and he'll write me a check. Fast forward 3 days (friday) I walk into their building with the bill in hand and my phone on audio record in my pocket. He says that the price of the part is way too expensive and he could have gotten it for way cheaper. he said he would do some research and give me a call back the next day before he writes me a check.

It has been 3 days. I'm going to give him until wednesday and if I do not hear from him i'm filing a dispute and taking him to court. I have all the evidence I need to win the case IMO.

It's illegal to tape a phone conversation and not tell the other person it's being recorded. If you didn't tell him, I wouldn't try to use that against him. You'll wind up in trouble, not him.

Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a "one-party consent" law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a "one-party consent" law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.

 

In addition to federal law, thirty-eight states and the District of Columbia have adopted "one-party consent" laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents. See the State Law: Recording section of this legal guide for information on state wiretapping laws.

NJ is part of the one-consent law.

NJ is part of the one-consent law.

If only more states allowed this.