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Car Stolen From Wrecker Service

Discussion in 'Accidents, Injuries, Negligence' started by abe_, Jun 22, 2005.

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  1. abe_

    abe_ Law Topic Starter New Member

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    I was arrested on a felony charge that was subsequently dropped. My automobile was towed by the police and taken to a wrecker service lot. When my charges were dropped, I went to pick up my car and paid for storage and towing fees. Upon entering the lot, I realized that my car was not there. The employees at the wrecker service stated that the car should be on the lot. After an extensive search, they called the police to report the car stolen. The owner of the lot stated that I would be compensated for the fees that they required. I was told to return the next day because they couldn't obtain the money at that time. I returned to the lot the next day and was informed that the car had been recovered by the police. The car was towed to the lot (the police did not contact me at all). The owner then refused to return my money, (I was charged a daily storage fee) even though he did not know how long the car had been stolen. It was in their possession for approximately two weeks. The car suffered extensive damages totalling $6700.00, not including items stolen from the interior of the vehicle. I contacted the company's insurance company. They replied back to me that the owner informed them that much of the damage to the car was there before the theft and that I could bring in the car to their(the wrecker service's) body shop and they would fix it for free. Am I liable in this situation? It was an invalid arrest, therefore the car should never have been towed in the first place. Is the wrecker service legally required to compensate me for the $6700.00 worth of damage to my vehicle? I live in Florida and have full coverage on the automobile.
    Thanks.
    Honest Abe.
     
  2. mommie2hayden

    mommie2hayden New Member

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    I would retain an attorney ASAP

    What a terrible stituation!! :eek: I would retain an attorney ASAP> Since this is maybe an insurance situation an attorney would be more than happy to help you. I live in Kansas so I don't know specific Florida Laws but I would go to an attorney today. :cool: You are not responsible for these damages. Someones insurance is and it's not yours.
     
  3. abe_

    abe_ Law Topic Starter New Member

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    I contacted an attorney and they told me to file a claim with my insurance and then take the wrecker service to small claims court. I was told that the man that I have been talking to about this was their insurance guy, but it turns out that he is not and that the wrecker service hasn't even filed a claim for the theft because they don't want to pay the deductible. Does anyone here know the legalities of this situation? Is the wrecker service required to report this to their insurance company and compensate me?
     
  4. mommie2hayden

    mommie2hayden New Member

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    Ect

    Nobody is going to accept liability. You have to take this upon yourself. I would contact the attorney general in your state, they usually have a website with alot of great information or you can call the attorney general, they have a bounty of wisdom. Also..... I would contact another Attorney!!!. Nobody is going to file anything/claims for you that would make them responible and they are not going to admit to wrong doing.....especially after your first post, sounds like everyone is pointing the finger at one another. If you don't act soon your timeframe might run out, get the best/a good attorney.......Remember attorneys work for you and you just find one that will work for you. You might have to call and make an appointment and pay a retaining fee and sit down and talk about your options/. I would do this before you wait to long and get screwed. Sometimes talking to attorneys/ legal secretaries doesn't get you far over the telephone. :confused:
     
  5. mommie2hayden

    mommie2hayden New Member

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    eCT..ECT...

    The Attorney Wants You To File With Your Insurance...becasue He Wants You To Sue For Damages But If This Is As Screwed Up As You State It Is. You Have More Options Than To Sue For Damages. I Wouldn't File With My Insurance Unless I Had No Other Option...the Companies Want You To File With Your Insurance Casue They Know You Have Full Coverage And It Will Be Taken Care Of But Your Rates Will Go Sky High. Unless I Caused The Accident/theft I Wouldn't File A Claim.
     
  6. abe_

    abe_ Law Topic Starter New Member

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    You believe that my insurance rates will go up even though I am not at fault here? There is no finger pointing. The owner of the lot is saying that the damage was done by me before he obtained the vehicle, even though he never saw the vehicle before it was reported stolen, has no proof, and doesn't know for how long the vehicle was stolen for. He also lied to me saying that he would refund my money, and claiming that he would send an insurance adjuster to look at the car, even though he never informed his insurance company of the situation. That is a fact. I was wrongfully arrested and my car was taken to the wrecker lot. The court system found me innocent of all charges. The people at the lot gave my car to the wrong person and let them leave. I have no control over any of these situations. I forgot to mention that when the car was recovered, a receipt was found inside of the vehicle for an older, different colored vehicle of the same make as mine. The car that the receipt referred to was still in the vehicle lot.
     
  7. abe_

    abe_ Law Topic Starter New Member

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    Actually, there is some finger pointing going on, but it should be clear to any objective party that the wrecker service is fully responsible for this situation.
     
  8. abe_

    abe_ Law Topic Starter New Member

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    Does anyone know if it is possible for me to contact their insurance company to file a claim? Will they refuse to compensate me unless their insuree pays the deductible? What rights do I have in this situation?
     
  9. bryan

    bryan New Member

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    You are well within your right to contact their insurance company, but the hard part may be getting them to tell you who their insurance company is.

    You may be better off contacting your company as was recommended to you. What happens a lot of times is you pay your deductable and if your insurance company finds you to not be at fault they will try and get the money from the wrecker service or their insurance company. If they are able to get their money back then you will also be able to get you deductable or any other out of pocket expense as a result of the claim.
     
  10. abe_

    abe_ Law Topic Starter New Member

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    AIG Auto Insurance

    The wrecker service has finally admitted that they do not have the proper insurance to cover this sort of thing. They have been fullfilling contracts for the city for several years. Since they do not have insurance, my only recourse is to file through my insurance company. Unfortunately, my insurance company is AIG auto insurance. My insurance representative informed me that they are only going to repair damage that is present in pictures that the wrecker service employees took. They did not take pictures of the interior of the vehicle(which was completely demolished by the thief), therefore, my representative says that there was no interior damage. Is this sort of thing standard with insurance companies? I have never heard of a company requiring pictures to compensate for damages. I feel that I may have to file a lawsuit against the wrecker service, my insurance company(AIG) and possibly the city.
     

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